2021/02/23 City Council Resolution 2021-024 RESOLUTION NO. 2021-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A CONSULTANT SERVICES AGREEMENT WITH 4LEAF INC. FOR
BUILDING PLAN CHECK AND INSPECTION SERVICES AND RELATED
APPROPRIATIONS
WHEREAS,the City utilizes consulting firms to assist it in managing the variable
demand for building plan check and inspection services; and
WHEREAS, the City continues to experience a significant demand for building plan
check and inspection services and receives revenue from applicants to support the cost of these
services including the costs of consultant work; and
WHEREAS, consistent with the City's Purchasing Policy, 4Leaf Inc.(4Leaf) has
demonstrated qualifications to perform building plan check and inspection services and has been
involved with projects in the City since 2018; and
WHEREAS, 4Leaf has nearly expended the budget of its current contract, yet the firm
has significant knowledge of and experience with projects in the City; and
WHEREAS, pursuant to Section 3.6.6 of the City's Purchasing Policy, the City has
secured a proposal from 4Leaf for building plan check and inspection services and has negotiated
with 4Leaf to arrive at a proposed scope of services and budget that meet the City's needs for
support.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the Consultant Services Agreement with 4Leaf Inc., a California
Corporation, in an amount not to exceed five hundred thousand dollars and no cents
($500,000.00).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this Resolution for and on behalf of the City of Rohnert Park,
including execution, if necessary, in substantially similar form to the Consultant Services
Agreement attached hereto as Exhibit"A," subject to minor modifications by the City Manager
or City Attorney.
BE IT FURTHER RESOLVED that based upon building plan check and inspection
revenue actually received in a fiscal year,the Finance Director is authorized to make
appropriations and increase budgeted revenue as necessary to cover the costs associated with the
Consultant Services Agreement.
DULY AND REGULARLY ADOPTED this 23`d day of February, 2021.
CITY 5 RO NERT PARK
( A
'' ~ t ce, Mayor
ATTEST:
Elizabeth Machado, Deputy City Clerk
Attachments: Exhibit A
ADAMS: Ate LINARES: NI OES:TAF O B,L4e ( E WARD: P Ne_ ��UDICE: Prt,(P
AYES: ( 5 ) 1
Resolution 2021-024
2
4Leaf Consultant Services Agreement 2020
OAK #4811-6555-8728 v1 1
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
CONSULTANT SERVICES AGREEMENT WITH 4LEAF INC.
FOR PROFESSIONAL PLAN CHECK AND BUILDING INSPECTION SERVICES
THIS AGREEMENT is entered into as of the _____ day of __________________, 2021,
by and between the CITY OF ROHNERT PARK (“City”), a California municipal corporation,
and 4Leaf Inc. (“Consultant”), a California corporation.
Recitals
WHEREAS, City desires to obtain professional plan check and building inspection
services in connection with City approved building permits; and
WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals set forth above, and all defined
terms set forth in such recitals and in the introductory paragraph preceding the recitals,
are hereby incorporated into this Agreement as if set forth herein in full.
2. Project Coordination.
A. City. The City Manager or his/her designee, shall represent City
for all purposes under this Agreement. The Building Official is hereby designated as the
Project Manager. The Project Manager shall supervise the progress and execution of this
Agreement.
B. Consultant. The Consultant shall assign Craig Tole, Director of
Development Services to have overall responsibility for the progress and execution of
this Agreement for Consultant.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals
as the City through its staff may determine from time to time, Consultant shall perform
4Leaf Consultant Services Agreement 2021
OAK #4811-6555-8728 v1 2
the services set out in the “Scope of Services and Compensation” attached hereto as
Exhibit A and incorporated herein by reference.
B. Time of Performance. The services of Consultant are to commence
upon receipt of a written notice to proceed from City, but in no event prior to receiving a
fully executed agreement from City and obtaining and delivering the required insurance
coverage, and satisfactory evidence thereof, to City. Consultant shall perform its services
at the request of the City. Plan check services shall be completed within 30 days.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed
by Consultant under this Agreement shall be in accordance with all applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of
competent professionals in Consultant's field of expertise.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant,
including both payment for professional services and reimbursable expenses, shall be at
the rate and schedules attached hereto as Exhibit A, and incorporated herein by reference.
However, in no event shall the amount City pays Consultant exceed Five Hundred
Thousand Dollars ($500,000.00). Payment by City under this Agreement shall not be
deemed a waiver of unsatisfactory work, even if such defects were known to the City at
the time of payment.
B. Timing of Payment. Consultant shall submit itemized monthly
statements for work performed. City shall make payment, in full, within thirty (30) days
after approval of the invoice by the Project Manager.
C. Changes in Compensation. Consultant will not undertake any work
that will incur costs in excess of the amount set forth in Paragraph 4(A) without prior
written amendment to this Agreement.
D. Taxes. Consultant shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance
contributions, Workers Compensation insurance premiums, sales taxes, use taxes,
personal property taxes, or other taxes or assessments now or hereafter in effect and
payable by reason of or in connection with the services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no
premium or enhanced pay for work normally understood as overtime, i.e., hours that
exceed forty (40) hours per work week, or work performed during non-standard business
hours, such as in the evenings or on weekends. Consultant shall not receive a premium or
enhanced pay for work performed on a recognized holiday. Consultant shall not receive
paid time off for days not worked, whether it be in the form of sick leave, administrative
leave, or for any other form of absence.
4Leaf Consultant Services Agreement 2021
OAK #4811-6555-8728 v1 3
F. Litigation Support. Consultant agrees to testify at City’s request if
litigation is brought against City in connection with Consultant’s work product. Unless
the action is brought by Consultant or is based upon Consultant’s negligence, City will
compensate Consultant for the preparation and the testimony at Consultant’s standard
hourly rates, if requested by City and not part of the litigation brought by City against
Consultant.
5. Amendment to Scope of Work. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such
event, the compensation and time of performance shall be subject to renegotiation upon
written demand of either party to the Agreement. Consultant shall not commence any
work exceeding the Scope of Work without prior written authorization from the City.
Failure of the Consultant to secure City's written authorization for extra or changed work
shall constitute a waiver of any and all right to adjustment in the contract price or time
due, whether by way of compensation, restitution, quantum meruit, etc. for work done
without the appropriate City authorization.
6. Term. This Agreement shall commence upon its execution by both parties
and shall continue in full force and effect until June 30, 2026, amended pursuant to
Section 21, or otherwise terminated as provided herein.
7. Inspection. Consultant shall furnish City with every reasonable
opportunity for City to ascertain that the services of Consultant are being performed in
accordance with the requirements and intentions of this Agreement. All work done and
all materials furnished, if any, shall be subject to the Project Manager's inspection and
approval. The inspection of such work shall not relieve Consultant of any of its
obligations to fulfill the Agreement as prescribed.
8. Ownership of Documents. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed
written consent of the City. Basic survey notes and sketches, charts, computations, and other
data prepared or obtained under the Agreement shall be made available, upon request, to
City without restriction or limitations on their use. Consultant may retain copies of the
above-described information but agrees not to disclose or discuss any information gathered,
discussed or generated in any way through this Agreement without the written permission of
City during the term of this Agreement, unless required by law.
9. Employment of Other Consultants, Specialists or Experts. Consultant will
not employ or otherwise incur an obligation to pay other consultants, specialists or
experts for services in connection with this Agreement without the prior written approval
of the City.
10. Conflict of Interest.
4Leaf Consultant Services Agreement 2021
OAK #4811-6555-8728 v1 4
Consultant covenants and represents that neither it, nor any officer or principal of
its firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with
the interests of City, hinder Consultant’s performance of services under this Agreement,
or be affected in any manner or degree by performance of Consultant's services
hereunder. Consultant further covenants that in the performance of the Agreement, no
person having any such interest shall be employed by it as an officer, employee, agent, or
subcontractor without the express written consent of the City. Consultant agrees to at all
times avoid conflicts of interest, or the appearance of any conflicts of interest, with the
interests of the City in the performance of the Agreement.
If City determines Consultant comes within the definition of Consultant under the
Political Reform Act, within thirty days of City’s determination, Consultant shall
complete and file and shall require any other person doing work under this Agreement to
complete and file a Statement of Economic Interest (Form 700) with the City Clerk of the
City of Rohnert Park disclosing Consultant's and/or such other person's financial
interests.
11. Liability of Members and Employees of City. No member of the City and
no other officer, elected official, employee or agent of the City shall be personally liable
to Consultant or otherwise in the event of any default or breach of the City, or for any
amount which may become due to Consultant or any successor in interest, or for any
obligations directly or indirectly incurred under the terms of this Agreement.
12. Indemnity.
A. Indemnification. To the fullest extent permitted by law,
Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably
satisfactory to the City) and hold harmless City and any and all of its officers, officials,
employees, agents and volunteers (“Indemnified Parties”) from and against any and all
liability (including liability for claims, demands, damages, obligations, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including attorneys
fees and costs, court costs, interest, defense costs and expert witness fees) of any nature
(“Liability”), whether actual, alleged or threatened, which arise out of, pertain to, or
relate to the performance or failure to comply with this Agreement, regardless of any
fault or alleged fault of the Indemnified Parties.
For design professionals (as that term is defined by statute) acting within the scope of their
professional capacity, to the fullest extent permitted by law, Consultant shall, at its own
expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and
hold harmless any Indemnified Parties from and against any and all Liability, whether
actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant, or as may be provided by statute in
Civil Code § 2782.8, as may be amended from time to time.
4Leaf Consultant Services Agreement 2021
OAK #4811-6555-8728 v1 5
The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold
harmless the Indemnified Parties from Liability is due to the active negligence or willful
misconduct of City or its elective or appointive boards, officers, agents and employees.
B. Scope of Obligation. Consultant’s duty to indemnify, protect,
defend and hold harmless as set forth in this Section 11 shall include the duty to defend
(by counsel reasonably satisfactory to the City) as set forth in California Civil Code §
2778. This indemnification obligation is not limited in any way by any limitation on the
amount or type of damages or compensation payable by or for Consultant under worker’s
compensation, disability or other employee benefit acts or the terms, applicability or
limitations of any insurance held or provided by Consultant and shall continue to bind the
parties after termination/completion of this agreement. This indemnification shall be
regardless of and not in any way limited by the insurance requirements of this contract.
This indemnification is for the full period of time allowed by law and shall survive the
termination of this agreement. Consultant waives any and all rights to express or implied
indemnity against the Indemnified Parties concerning any Liability of the Consultant
arising out of or in connection with the Agreement or Consultant’s failure to comply with
any of the terms of this Agreement.
Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this
Section 11 shall not be excused because of the Consultant’s inability to evaluate Liability,
or because the Consultant evaluates Liability and determines that the Consultant is not or
may not be liable. The Consultant must respond within thirty (30) calendar days to any
tender by the City, unless the time for responding has been extended by an authorized
representative of the City in writing. If the Consultant fails to timely accept such tender,
in addition to any other remedies authorized by law, as much of the money due or that may
become due to the Consultant under this Agreement as shall reasonably be considered
necessary by the City may be retained by the City until disposition has been made of the
matter subject to tender, or until the Consultant accepts the tender, whichever occurs first.
Consultant agrees to fully reimburse all costs, including but not limited to attorney’s fees
and costs and fees of litigation incurred by the City in responding to matters prior to
Consultant’s acceptance of the tender.
13. Consultant Not an Agent of City. Consultant, its officers, employees and
agents shall not have any power to bind or commit the City to any decision.
14. Independent Contractor. It is expressly agreed that Consultant, in the
performance of the work and services agreed to be performed by Consultant, shall act as
and be an independent contractor and not an agent or employee of City; and as an
independent contractor, Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City’s employees, and Consultant hereby expressly waives any
claim it may have to any such rights.
15. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state, and local laws, codes, ordinances, and
4Leaf Consultant Services Agreement 2021
OAK #4811-6555-8728 v1 6
regulations. Consultant represents and warrants to City that it has and shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement
any licenses, permits, insurance and approvals which are legally required for Consultant
to practice its profession. Except as otherwise allowed by City in its sole discretion,
Consultant and all subconsultants shall have acquired, at their expense, a business license
from City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code prior to
City's issuance of an authorization to proceed with the Services. Such license(s) must be
kept valid throughout the term of this Agreement. The City is not responsible or liable for
Consultant's failure to comply with any or all of the requirements contained in this
paragraph.
B. Workers’ Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that Code, and Consultant certifies that it will comply with such
provisions before commencing performance of the Agreement and at all times in the
performance of the Agreement.
C. Prevailing Wage. Consultant and Consultant’s subconsultants (if
any) shall, to the extent required by the California Labor Code, pay not less than the latest
prevailing wage rates to workers and professionals as determined by the Director of
Industrial Relations of the State of California pursuant to the California Labor Code, Part
7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the
City’s office of the City Clerk.
D. Injury and Illness Prevention Program. Consultant certifies that it
is aware of and has complied with the provisions of California Labor Code § 6401.7,
which requires every employer to adopt a written injury and illness prevention program.
E. City Not Responsible. City is not responsible or liable for
Consultant’s failure to comply with any and all of its requirements under this section and
Agreement.
F. Waiver of Subrogation. Consultant and Consultant's insurance
company agree to waive all rights of subrogation against City, its officers, elected
officials, employees, agents and volunteers for losses paid under Consultant's workers'
compensation insurance policy which arise from the work performed by Consultant for
the City.
16. Confidential Information. All data, documents, discussions or other
information developed or received by or for Consultant in performance of this Agreement
are confidential and not to be disclosed to any person except as authorized by the City, or
as required by law.
17. Assignment; Subcontractors; Employees
4Leaf Consultant Services Agreement 2021
OAK #4811-6555-8728 v1 7
A. Assignment. Consultant shall not assign, delegate, transfer, or
convey its duties, responsibilities, or interests in this Agreement or any right, title,
obligation, or interest in or to the same or any part thereof without the City's prior written
consent. Any assignment without such approval shall be void and, at the City's option,
shall immediately cause this Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant
hereunder. No subcontractor of Consultant shall be recognized by the City as such;
rather, all subcontractors are deemed to be employees of the Consultant, and Consultant
agrees to be responsible for their performance. Consultant shall give its personal attention
to the fulfillment of the provisions of this Agreement by all of its employees and
subcontractors, if any, and shall keep the work under its control. If any employee or
subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement
or appears to be incompetent or to act in a disorderly or improper manner, it shall be
discharged immediately from the work under this Agreement on demand of the Project
Manager.
18. Insurance. Without limiting consultant’s indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit B to this Agreement.
19. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated
at any time, with or without cause, by the City upon 5-days’ written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this
Agreement within the time and in the manner herein provided or otherwise violate any of
the terms of this Agreement, in addition to all other remedies provided by law, City may
terminate this Agreement immediately upon written notice. In such event, Consultant
shall be entitled to receive as full payment for all services satisfactorily rendered and
expenses incurred hereunder, an amount which bears the same ratio to the total fees
specified in the Agreement as the services satisfactorily rendered hereunder by
Consultant bear to the total services otherwise required to be performed for such total fee;
provided, however, that the City shall deduct from such amount the amount of damages,
if any, sustained by City by virtue of the breach of the Agreement by consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of
such termination, it being understood that any payments are full compensation for
services rendered prior to the time of payment.
D. Upon termination of this Agreement with or without cause,
Consultant shall turn over to the City Manager immediately any and all copies of studies,
sketches, drawings, computations, and other data, whether or not completed, prepared by
Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if
any, in connection with this Agreement. Such materials shall become the permanent
4Leaf Consultant Services Agreement 2021
OAK #4811-6555-8728 v1 8
property of the City. Consultant, however, shall not be liable for the City's use of
incomplete materials nor for the City's use of complete documents if used for other than
the project contemplated by this Agreement.
20. Suspension. The City shall have the authority to suspend this Agreement
and the services contemplated herein, wholly or in part, for such period as it deems
necessary due to unfavorable conditions or to the failure on the part of the Consultant to
perform any provision of this Agreement. Consultant will be paid for satisfactory
Services performed through the date of temporary suspension.
21. Merger; Amendment. This Agreement constitutes the complete and
exclusive statement of the agreement between the City and Consultant and shall
supersede all prior negotiations, representations, or agreements, either written or oral.
This document may be amended only by written instrument, signed by both the City and
Consultant. All provisions of this Agreement are expressly made conditions.
22. Interpretation. This Agreement shall be interpreted as though it was a
product of a joint drafting effort and no provisions shall be interpreted against a party on the
ground that said party was solely or primarily responsible for drafting the language to be
interpreted.
23. Litigation Costs. If either party becomes involved in litigation arising out
of this Agreement or the performance thereof, the court in such litigation shall award
reasonable costs and expenses, including attorneys’ fees, to the prevailing party. In
awarding attorneys’ fees, the court will not be bound by any court fee schedule, but shall,
if it is in the interest of justice to do so, award the full amount of costs, expenses, and
attorneys’ fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
25. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth below. Either
party may change its address by notifying the other party of the change of address. Notice
shall be deemed communicated within 72 hours from the time of mailing if mailed as
provided in this section.
If to City: City Manager
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Consultant: 4Leaf Inc.
ATTN: Kevin Duggan
2126 Rheen Drive
Pleasanton, CA 94588
4Leaf Consultant Services Agreement 2021
OAK #4811-6555-8728 v1 9
26. Consultant’s Books and Records.
A. Consultant shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents evidencing or
relating to charges for services, or expenditures and disbursements charged to the City
and all documents and records which demonstrate performance under this Agreement for
a minimum period of three (3) years, or for any longer period required by law, from the
date of termination or completion of this Agreement.
B. Any records or documents required to be maintained pursuant to
this Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Attorney, City Auditor, City Manager,
or a designated representative of any of these officers. Copies of such documents shall be
provided to the City for inspection when it is practical to do so. Otherwise, unless an
alternative is mutually agreed upon, the records shall be available at Consultant’s address
indicated for receipt of notices in this Agreement.
C. The City may, by written request by any of the above-named
officers, require that custody of the records be given to the City and that the records and
documents be maintained in the City Manager’s office.
27. Agreement Binding. The terms, covenants, and conditions of this
Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both parties.
28. Equal Employment Opportunity. Consultant is an equal opportunity
employer and agrees to comply with all applicable state and federal regulations governing
equal employment opportunity. Consultant will not discriminate against any employee or
applicant for employment because of race, age, sex, creed, color, sexual orientation,
marital status or national origin. Consultant will take affirmative action to ensure that
applicants are treated during such employment without regard to race, age, sex, creed,
color, sexual orientation, marital status, or national origin. Such action shall include, but
shall not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. Consultant further
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
29. City Not Obligated to Third Parties. The City shall not be obligated or
liable for payment hereunder to any party other than the Consultant.
30. Waiver. No failure on the part of either party to exercise any right or
remedy hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder.
4Leaf Consultant Services Agreement 2021
OAK #4811-6555-8728 v1 10
31. Severability. If any one or more of the provisions contained herein shall
for any reason be held to be invalid, illegal or unenforceable in any respect, then such
provision or provisions shall be deemed severable from the remaining provisions hereof,
and such invalidity, illegality, or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had not been contained herein.
32. Exhibits. The following exhibits are attached to this Agreement and
incorporated herein by this reference:
Exhibit A: Scope of Services and Compensation
Exhibit B: Insurance Requirements
33. Execution. This Agreement may be executed in several counterparts, each
of which shall constitute one and the same instrument and shall become binding upon the
parties when at least one copy hereof shall have been signed by both parties hereto. In
approving this Agreement, it shall not be necessary to produce or account for more than
one such counterpart.
34. News Releases/Interviews. All Consultant and subconsultant news
releases, media interviews, testimony at hearings and public comment shall be prohibited
unless expressly authorized by the City.
35. Applicable Law; Venue. This Agreement shall be construed and
interpreted according to California law. In the event that suit shall be brought by either
party hereunder, the parties agree that trial of such action shall be held exclusively in a
state court in the County of Sonoma, California.
36. Authority. Each individual executing this Agreement on behalf of one of
the parties represents that he or she is duly authorized to sign and deliver the Agreement
on behalf of such party and that this Agreement is binding on such party in accordance
with its terms.
37. STATEMENT OF ECONOMIC INTEREST. If City determines
Consultant comes within the definition of Consultant under the Political Reform Act
(Government Code § 87100), Consultant shall complete and file and shall require any
other person doing work under this Agreement to complete and file a Form 700
“Statement of Economic Interest” with the Clerk of the City of Rohnert Park disclosing
Consultant and/or such other person’s financial interests in the manner required by law.
4Leaf Consultant Services Agreement 2021
OAK #4811-6555-8728 v1 11
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date
first above written.
CITY OF ROHNERT PARK
CONSULTANT
By:
__________________________________
City Manager
By:
Title:
Date: Date:
Per Resolution 2021-____adopted by the Rohnert Park
City Council at its meeting of February23, 2021
CONSULTANT
ATTEST: By:
Title:
By:
__________________________________
City Clerk
Date:
APPROVED AS TO FORM:
By:
__________________________________
City Attorney
Building Division General Services for the City of Rohnert Park Page 1
Exhibit A: 2021-2022 Rates February 3, 2021
EXHIBIT A: RATE STRUCTURE
2021-2022 FEE SCHEDULE & BASIS OF CHARGES
For the City of Rohnert Park
All Rates are Subject to Basis of Charges
NATURE OF BUILDING SERVICES COST STRUCTURE
Plan Review & CASp Services
Plan Review Percentage: 65%
CASp Inspection and/or Review: $159.65/hour
*Fee includes initial review and two (2) rechecks.
*Fee includes shipping and courier service.
Hourly Fee Structure for Personnel
Interim Chief Building Official .................................................................................................. $139.05/hour
Senior Building Inspector (Building Inspector III) ..................................................................... $118.45/hour
Commercial Building Inspector (Building Inspector II) ............................................................ $97.85/hour
Residential Building Inspector (Building Inspector I) ............................................................... $87.55/hour
Training Building Inspector....................................................................................................... $66.95/hour
Code Enforcement .................................................................................................................... $97.85/hour
Permit Technician ..................................................................................................................... $66.95/hour
Senior Permit Technician ......................................................................................................... $77.25/hour
On-Site Structural Plan Review Engineer ................................................................................. $133.90/hour
On-Site Non-Structural Plans Examiner ................................................................................... $113.30/hour
Fire Review ............................................................................................................................... $159.65/hour
Public Works Inspector ............................................................................................................. $151.41/hour
CASp Inspection ........................................................................................................................ $159.65/hour
Project Inspector / Inspector of Record ................................................................................... $128.75/hour
Project Inspector / Inspector of Record (Senior Lead Technical) ............................................. $153.47/hour
Off-Site Project Manager .......................................................................................................... $164.80/hour
Principal-in-Charge ................................................................................................................... $190.55/hour
Hourly overtime charge per inspector ..................................................................................... 1.5x hourly
Mileage (for inspections performed within the City ................................................................ IRS rate +20%
*Rates will be communicated with City Management at time of request. Rates will vary based on the
qualifications and experience of the personnel.
On-call rates will differ from negotiated rated for projects requiring special services.
Building Division General Services for the City of Rohnert Park Page 2
Exhibit A: 2021-2022 Rates February 3, 2021
BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables.
• All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated
otherwise. Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This
is not inclusive of holidays or the day of the pick-up of plans.
• Expedited reviews will be billed:
- Scenario #1 (applicant requested): at 1.5x the plan review fee.
- Scenario #2 (City requested): at no additional cost to the City when available.
• Emergency reviews will be billed:
- Scenario #1 (applicant requested): at 2.5x the plan review fee.
- Scenario #2 (City requested): at no additional cost to the City when available.
• Plan review of deferred submittals & revisions will be billed at the hourly rates listed.
• All plan review services will be subject to a $250.00 minimum fee if percentage-based fee or two (2)
hour minimum charge if hourly rates apply.
• 4LEAF assumes that these rates reflect the 2021-2022 contract period. 3% escalation for 2023 and 2024
is negotiable per market conditions.
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1x hourly rate
- Night Time (work begun after 4PM or before 5AM) 1.125x hourly rate
- Overtime (over 8-hour M-F or Saturdays) 1.5x hourly rate
- Overtime (over 8 hours Sat or 1st 8-hour Sun) 2x hourly rate
- Overtime (over 8 hours Sun or Holidays) 3x hourly rate
• Overtime will only be billed with prior authorization of responsible designated City personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
• Mileage driven during the course of Inspections 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.
• Reimbursable expenses will be charged at cost + 10%.
ADDITIONAL BASIS OF CHARGES FOR PUBLIC WORKS INSPECTIONS
A. Rates shown assume CIP Project will require compliance with California Prevailing Wage rate
requirements and assumes the Client will be filing a PWC-100 Form to the California Department of
Industrial Relations (DIR) for CIP projects.
B. Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual
wage determinations from the California DIR. Rates based on California DIR’s wage determinations dated
August 2020.
Building Division General Services for the City of Rohnert Park Page 3
Exhibit A: 2021-2022 Rates February 3, 2021
C. Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form
will be filed by the Client to the CA DIR for CIP projects, 4LEAF is required to notify an authorized
Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an
official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142
form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified
apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice
must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification
of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the
five Periods listed under the California DIR’s Wage determination for Building Construction Inspector
issued August 2020 were used to determine the range of Calendar Year 2020 hourly rates for Public
Works Inspector Apprentice.
Exhibit C
OAK #4832-0705-4031 v1
EXHIBIT B
INSURANCE REQUIREMENTS for Consultant Services Agreement
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an “occurrence” basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or
the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code
1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned),
with limit no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory
Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per
accident for bodily injury or disease. (Not required if consultant provides written
verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the
Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations
performed by or on behalf of the Consultant including materials, parts, or equipment
furnished in connection with such work or operations. General liability coverage can be
Exhibit C
OAK #4832-0705-4031 v1
provided in the form of an endorsement to the Consultant’s insurance (at least as broad
as ISO Form CG 20 10 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG
20 37 forms, if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be
primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 with
respect to the City, its officers, officials, employees, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers
shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled,
except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer
of said Consultant may acquire against the City by virtue of the payment of any loss
under such insurance. Consultant agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement from the
insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may
require the Consultant to provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention. The
policy language shall provide, or be endorsed to provide, that the self-insured retention
may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with
a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the
City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or
the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a Retroactive Date prior to the contract effective date, the Consultant
Exhibit C
OAK #4832-0705-4031 v1
must purchase “extended reporting” coverage for a minimum of five (5) years after
completion of contract work.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all
required amendatory endorsements (or copies of the applicable policy language
effecting coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant’s obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
[4]
1208604v1 80078/0012v2012-09
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the __________________________________, and a duly
authorized representative of the firm of _____________________________________,
whose address is ______________________________________________________, and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
_________________ ___________________________________
Date Signature