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HomeMy WebLinkAbout003-26 - 4Leaf, Inc. - ContractDocusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E Port Orchard Contract # 003-261 Authorized Amount: 875 000 Date Start: January 1, 2026 Date End: December 31, 2030 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and 4Leaf, Inc., ("Consultant") organized under the laws of the State of California, located and doing business at 2126 Rheem Drive, Pleasanton, CA 94588 and 1201 Pacific Ave., Ste. 600, Tacoma, WA 98402 (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform work as assigned by the City, which may include the services described in Exhibit "A" of this Agreement which is attached hereto and incorporated herein by this reference as if set forth in full. Additional work may be assigned by the City, however, this Agreement does not obligate the City to assign any specific work or any work to the Consultant. In performing the services, the Consultant shall comply with all federal, state, and local laws and regulations applicable to the services. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. City of Port Orchard and 4Leaf, Inc. Updated 4/20221BDR Page 10116 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E TIME AND MATERIALS NOT TO EXCEED. Compensation for services performed pursuant to this Agreement in any contract year shall not exceed a maximum annual cap of $125,000, based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B". Consultant may annually submit a revised Exhibit B, provide the updated Exhibit B is submitted no later than thirty (30) days prior to the start of each new contract year and further provided any proposed annual rate increase shall not exceed 2%. 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a five (5) year period commencing on January 1, 2026 and ending December 31, 2030, unless sooner terminated or extended pursuant to the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to City of Port Orchard and 4Leaf, Inc. Updated 4/2022 IBDR Page 2 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E the expiration of the Agreement to retain the Consultant's services, without further action by the City Council, subject to the annual cap set forth in Section 2 hereof. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties: Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative City of Port Orchard and 4Leaf, Inc. Updated 4/2022 IBDR Page 3 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant 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 the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 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 City of Port Orchard and 4Leaf, Inc. Updated 4/2022 IBDR Page 4 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant'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 A -VII. E. Verification of Coverage. The Consultant shall furnish the 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 the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after City of Port Orchard and 4Leaf, Inc. Updated 4/2022 IBDR Page 5 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. City of Port Orchard and 4Leaf, Inc. Updated 4/20221BDR Page 6 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. City of Port Orchard and 4Leaf, Inc. Updated 4/2022 IBDR Page 7 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Maieure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. City of Port Orchard and 4Leaf, Inc. Updated 4/20221BDR Page 8 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 21. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 22. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 23. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In City of Port Orchard and 4Leaf, Inc. Updated 4/2022 IBDR Page 9 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Bwallace@cityofportorchard.us Phone: 360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: 4LEAF, Inc. Attn: Kevin Duggan, President 2126 Rheem Drive Pleasanton, CA 94588 Phone No.: (925) 462-5959 Email: KDuggan@4leafinc.com and Cc: CPlascencia@41eafinc.com 24. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 25. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 26. Title VI. City of Port Orchard and 4Leaf, Inc. Updated 4/20221BDR Page 10 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. City of Port Orchard and 4Leaf, Inc. Updated 4/2022 IBDR Page 11 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 28. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT By: Title: President Date: 10/09/2025 City of Port Orchard and 4Leaf, Inc. Updofed 4/2022100R CITY OF PORT ORCHARD Signed by: Doti Mu a oun,suu. By: �RQFAQ'JF2FFRA Robert Putaansuu, Mayor 10/15/2025 Date: ATTEST/AUTHENTICATE Signed by: Brandy Wallace, MMC, City Clerk APPptO�EyD AS TO FORM gnPort Orchard City Attorney's Office Page 12 of 16 11113556.1- 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. City of Port Orchard and 4Leaf, Inc. Updated 4/20221BDR Page 13 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. City of Port Orchard and 4Leaf, Inc. Updated 4/20221BDR Page 14 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes City of Port Orchard and 4Leaf, Inc. Updated 4/2022 IBDR Page 15 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and 4Leaf, Inc. Updated 4/2022 IBDR Page 16 of 16 11113556.1 - 366922 - 0001 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 4LEAF, INC. CONSTRUCTION MANAGEMENT • PLAN CHECK INSPECTION • PLANNING - CODE ENFORCEMENT SCOPE OF SERVICES Plan Review Services 4LEAF will provide Plan Review for any and all types of structures to ensure compliance with all adopted codes, local ordinances and State and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the Accessibility and Noise and Energy Conservation requirements as mandated by the State of Washington, the State of Washington accessibility compliance, and all other applicable ordinances. The types of projects we provide these services for include Single -Family Dwellings, large Multi -Family Mixed -Use Dwelling Units, Commercial, and Industrial. Approach We understand that the specific building plan review responsibilities will include, but are not limited to: • Examining plans, drawings, specifications, computations, documents, soils reports, and additional data. • Ascertain whether projects are in accordance with applicable building and fire codes, and City ordinances. • Performing such reviews as life -safety, structural, fire, MEP, green building, grading and drainage; • Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations; and masonry; • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability as per the applicable laws, ordinances, and regulations; • Providing additional plan review services as requested by the City; • Conducting all plan review at the City Department or at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references. 4LEAF's EZPIan Review EZPIan Review is our in-house tracking software that acts as a communication tool between 4LEAF and the jurisdictions we work with. The use of EZPIan makes communication easy. This web portal allows users visualize project due dates, notes, and status updates so that projects can be followed from start to finish. Additionally, 4LEAF provides electronically stamped and uploaded copies of approved project plans, a value which saves clients time and resources. With the use of EZPIan, 4LEAF hopes to provide a level of ease and transparency during the off -site plan review process. • p Sonoma County Fire Recovery Dashboard Proposal to Provide On -Call Building and Fire Plan Review and Inspection Support Services to the City of Port Orchard Page 1 Scope of Services August 22, 2025 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 4LEAF, INC. CONSTRUCTION MANAGEMENT - PLAN CHECK INSPECTION - PLANNING - CODE ENFORCEMENT QA/QC Review Process Task 1- Project Tracking Set-up The first step of our process will be to set up the project in our system to enable 4LEAF and the City each to track the progress of the review. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal. Task 2 - Complete Submittal Review Upon receiving the plans from the City, 4LEAF will triage (preliminary plan review performed by 4LEAF plan review project lead) the submittal to verify that the submittal received is complete (i.e., all pertinent plans, calculations, reports, and other related documents) in order that we can begin our review. If the submitted package is incomplete, we will communicate with the City to discuss the deficient documents needed to proceed with our review. Task 3 - Plan Review Assignment After the triage process is performed and a complete package is verified, the project will be assigned to the most qualified Plans Examiner and a turnaround time will be established. We will log each application into our database the same day the plans are received to assure that they are routed in a timely manner and to allow for daily project tracking. Task 4- Plan Review 4LEAF will provide the project contact (Developer, Contractor, Architect, or Engineer) desired by the City with a list of any items needing correction and clarification to comply with applicable building codes, ordinances, and regulations. A correction list will be created based on the missing codes and ordinances. Task 5 - Quality Control Prior to submitting the plan review correction list to the City, the designated plan review project lead will review the correction list for adherence to applicable codes and ordinances as well as for accuracy and completeness. After completion of our quality control review a correction list will be e -mailed to a designated staff member at the City or as directed by the City. The correction list and a 4LEAF transmittal form will include the following information: a description of the work, type of construction, occupancy group, square footage, number of floors, and sprinkler requirements. Task 6- Plan Review Rechecks Plans received for rechecks will be reviewed for conformance. Our goal is to actively work with the designers to resolve all unresolved issues after our second review. If it appears that there are complicated issues that might cause a project to go beyond our second review, we will communicate directly with the designer to resolve these concerns. Task 7 - Project Approval Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and supporting documents per the City's processing requirements and return them to the City, along with our letter of completion. Proposal to Provide On -Call Building and Fire Plan Review and Inspection Support Services to the City of Port Orchard Page 2 Scope of Services August 22, 2025 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 4LEAF, INC. CONSTRUCTION MANAGEMENT - PLAN CHECK INSPECTION - PLANNING - CODE ENFORCEMENT Turn -Around Times 4LEAF has a tremendous reputation for completing projects on -time and under budget. 4LEAF's plan review team is widely recognized for quick turn -around times and prompt service. Off -site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. Our standard turn -around times are within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs. With our depth of resources, we are well- equipped to deliver comprehensive plan review services, including fire plan review. bi d.1II) iIri). m1j1. _ *Residential < 24 Hours (pick up & delivery) < 10 Days <5 Days <5 Days <5 Days <3 Days **Multi- < 24 Hours (pick < 10 Days <5 Days <5 Days <5 Days <3 Days Family up & delivery) Commercial < 24 Hours (pick up & delivery) < 10 Days <5 Days <5 Days <5 Days <3 Days ***Large < 24 Hours (pick Commercial up & delivery) Negotiable Negotiable Negotiable Negotiable Negotiable > 15,000 s.f. *Larger complex plan 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. Pick-up of all plans will be performed by 4LEAF staff within 24 hours of the City's phone call or e-mail. 4LEAF prefers to pick-up and deliver the plans in person to communicate information that may be pertinent to the project and maintain consistent communication. At no additional cost, 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or simply e-mail pickup@41eafinc.com. Document Control When plans and documents are received for review, 4LEAF's Plan Review Manager and Document Control Technician analyze the project, creates a job number, and completes a Job Setup Sheet. This form highlights both the jurisdiction, applicable contact information, and all project specific design criteria and notes. Jobs are then transmitted through 4LEAF's easily accessed EZPlan Review Portal which tracks initial and subsequent reviews and is open for view by the client. The City and their customers can view 4LEAF's plan review control log through 4LEAF's EZPlan Review Portal. HOLT RESIDENCE 10700 WINCHESTER COURT ti LOT zs. zUKNoaN SEDGE ESTATES =___— =___ _ _ Proposal to Provide On -Call Building and Fire Plan Review and Inspection Support Services to the City of Port Orchard Page 3 Scope of Services August 22, 2025 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 4LEAF, INC. CONSTRUCTION MANAGEMENT - PLAN CHECK INSPECTION - PLANNING - CODE ENFORCEMENT Plans are then distributed for review to a 4LEAF team consisting of Plan Review Engineers, Architect (a licensed state professional) and/or an ICC Certified Plans Examiner, as applicable. Our staff then performs his or her function of analyzing the plans and documentation for effective conformance to the state codes, referenced construction standards, and City amendments. 4LEAF's code review methodology is "The Effective Use of the Codes" reinforced through proprietary and jurisdictional checklists. When complete, the Plan Review Manager overviews the project for quality control purposes and forwards comments or approvals to the client's pre - designated contacts. On- and Off -Site Review 4LEAF can supply Registered Professional Engineers to the City to work on -site performing structural plan review and non-structural reviews at the jurisdiction's discretion. Our experience includes checking for compliance with the structural, life -safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances. Off -Site Electronic Plan Review Digital plan review allows 4LEAF the ability to review, markup and transport plans of any size electronically. We strongly encourage this service for our clients. This process delivers a high degree of cost effectiveness, time efficiency and a "green" and environmentally friendly system. Through our strong focus on utilizing this digital capability, we offer full access to all 4LEAF engineers and plans examiners company -wide, from any of our office locations. A protected online portal will be established to allow property owners, contractors, developers, businesses, designers, and stakeholders to submit plans electronically for review. Access to the online portal will be given to City staff for immediate access to information regarding project status during the review process. 4LEAF has successfully implemented and used Bluebeam for electronic ' I review of files to help eliminate the use of paper and take the plan review La BLUEBEAM workflow to a whole new level. 4LEAF's offices are equipped with large scale ANEMETSCHEK COMPANY monitors for easy review of plans. Bluebeam Revu combines powerful PDF editing, markup, and collaboration technology with reliable file creation. Bluebeam integrates flawlessly with our Green Line approach for electronic and timely turnarounds resulting in permit issuance within 5-7 business days. Facilitating redlines and approvals through Bluebeam Sessions has been an effective tool for expediting approvals with minor notations on the plans has increased productivity substantially. Additional Technologies Having served more than 350 jurisdictions, 4LEAF and our staff are knowledgeable and have experience working with a variety of different technologies for Electronic Plan Review, Permit Tracking, and Building Inspections. 4LEAF's experience with tracking technologies includes, but is not limited to: TRAKiT® energov OpenGovT M Accela a tyler civic services solution �-P1an5oft,., •esri Project F Works Proposal to Provide On -Call Building and Fire Plan Review and Inspection Support Services to the City of Port Orchard Page 4 Scope of Services August 22, 2025 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 4LEAF, INC. CONSTRUCTION MANAGEMENT - PLAN CHECK INSPECTION - PLANNING - CODE ENFORCEMENT Inspection Services 4LEAF has a team of more than 200 ICC Certified Building Inspectors, Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. 4LEAF has a team committed to work throughout the Country who will remain for the duration of projects to ensure we capture the goals and performance that have made our inspection system successful. We maintain the largest database of qualified inspectors of varied qualifications. Inspectors vary from current full-time inspection staff, idle staff (temporarily between assignments), and pre -qualified staff which include inspectors who are available subject to client demand. 4LEAF's inspectors are all ICC Certified and experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary tools, equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide interim or full-time inspectors same -day or within one business day —simply call, email, or text our assigned Project Manager for an immediate response. Our on -call database is utilized for all our clients for as -needed requests. Periodic Inspection Services 4 Available Next Day 4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has local and available inspectors ready to serve the City. In addition, 4LEAF has a proven track record of providing such services to a number of different building departments. Part -Time Inspection Services 4 Available Next Day 4LEAF will provide the City with part-time inspectors upon request. 4LEAF can provide part-time staff within 24 hours of request for any duration of time. 4LEAF's Project Manager will work closely with the department to identify the right personnel and determine the appropriate work schedule. Full -Time Inspection Services 4 Available Two Days or Less 4LEAF can provide full-time inspectors upon request. 4LEAF provides this service regularly to many clients throughout Washington, California, Nevada, Arizona, and the New England area. Project Specific Inspection Services 4 Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. 4LEAF currently handles large-scale projects for such clients as the City of Palo Alto, City of Cupertino, etc. These projects are developer funded into a separate City account which is distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast -paced projects looking for continuous inspection services over a short period of time (i.e. 6-36 Months). Inspection Technology 4LEAF has extensive experience working with various inspection reporting technologies, including elas.TM and GoFormz which 4LEAF used this for all scopes of the SeaTac Airport (^'5 Billion), Apple 2 Campus ("'$8 Billion), and for the Encore Boston Harbor Casino ("'$2.6 Billion), San Mateo County Project Development Unit ("'$1.1 Billion), and at San Jose State University (-$1 Billion). Innovative technology allows every piece of information collected on a project to be accessible by all staff as every inspection report is stored securely and safely in the cloud. The information can be accessed through a user's web account where any inspection report can be viewed, and reports can be ran using stored project data. With inspection technology, 4LEAF inspectors are able to leave detailed notes under the inspections and observations box and instantaneously attach pictures to reports to show the items inspected. By means of an iPad, inspectors sign reports using a mobile signature block and attached pictures of the item inspected that were taken. Proposal to Provide On -Call Building and Fire Plan Review and Inspection Support Services to the City of Port Orchard Page 5 Scope of Services August 22, 2025 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 4LEAF, INC. CONSTRUCTION MANAGEMENT - PLAN CHECK INSPECTION - PLANNING - CODE ENFORCEMENT Fire Prevention Services 4LEAF understands that the City is seeking a consultant who is highly experienced in providing commercial and residential fire plan review and inspection services. The City would like to contract with a dependable firm who can conduct external plan reviews and provide inspection services as needed by the City in an effort to provide a timely, efficient, and professional service to the needs of the City. Additional services might include professional personnel such as Fire Marshals, Fire Protection Engineers, Fire Inspectors, Fire Prevention Officers, permit technicians, in-house/remote fire plans examiners, and other Fire Prevention personnel as needed. 4LEAF is a qualified fire consultant who can provide: ✓ Complete Fire Prevention Services ✓ Construction Related Fire Plan Reviews and Inspections ✓ Web -based digital platform for Fire Plan Review Permit Tracking ✓ Fire Prevention Division Staff Augmentation ✓ Annual Fire Inspections ✓ Administrative support NSP 10E ON Approach Our Fire team is comprised of experienced Fire Prevention Officers, Fire Inspectors, Fire Investigators, Fire Plans Examiners, Fire Protection Engineers, Fire Marshals, and Fire Chiefs. 4LEAF's Fire Prevention personnel are professionally licensed, ICC Certified, and experienced working within a public and private work environment. Our team can provide complete Fire Prevention services for all types of occupancies and construction types to ensure compliance with all adopted codes, local ordinances and state and federal laws, ordinances, regulations, and standards that pertain to Fire/Life Safety including, but not limited to: ➢ WA Code of Regulations ➢ Municipal Codes, Standards, and Policies ➢ All NFPA Standards ➢ Washington Health and Safety Code ➢ Local amendments to the WA Fire Code ➢ National Fire & Building Referenced Standards 4LEAF is a Fire and Life Safety industry leader in Fire Prevention. Our Fire Prevention services include, but are not limited to: Complete Fire Code New Construction Services: ➢ Emergency Site Access Compliance ➢ Fire Flow Water Supply Compliance ➢ Building Fire and Life Safety Compliance ➢ Hazardous Materials Code Compliance ➢ Fire Suppression, Fire Alarm and Gas Detection System Compliance ➢ Hazardous Occupancies, High Piled Storage, Energy Storage Systems and Plant Processing and Extraction Compliance ➢ Cause & Origin Investigation ➢ Emergency Responder Radio Communication System Compliance ➢ Wildland-Urban Interface Compliance ➢ Review of Alternative Materials and Methods of Construction ➢ Review of Performance -Based Code Compliance ➢ New Construction Acceptance Testing and Inspections ➢ In -House & Off -Site Plan Review ➢ Code Adoption Proposal to Provide On -Call Building and Fire Plan Review and Inspection Support Services to the City of Port Orchard Page 6 Scope of Services August 22, 2025 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 4LEAF, INC. CONSTRUCTION MANAGEMENT - PLAN CHECK INSPECTION - PLANNING - CODE ENFORCEMENT Complete Fire Prevention Division Services: ➢ Fire Code Operational Permits ➢ Annual Business Inspections ➢ Fire Investigations ➢ Hazardous Materials Inspections ➢ Wildland-Urban Interface Compliance Fire Plan Review ➢ Codes and Standards Development ➢ Public Education ➢ Safety Training ➢ Special Events Permits Fire Plans are all reviewed by 4LEAF's Fire Plan Review team for compliance with locally adopted codes and ordinances, State of Washington Building & Fire Codes, and any other applicable state/nationally recognized standards. We provided these services for all project types including Single -Family Dwellings, large Multi -Family Mixed -Use Dwelling Units, Commercial, and Industrial. Fire Inspection 4LEAF maintains the largest database of qualified inspectors of varied qualifications. Fire inspectors vary from current full-time inspection staff, idle staff (temporarily between assignments), and pre -qualified staff which include inspectors who are available subject to client demand. 4LEAF's fire inspectors are all ICC Certified and experienced working within a municipal work environment. 4LEAF will provide fire inspectors with all the necessary tools, equipment, and current code books sufficient to facilitate all required inspections. Fire Investigation Fire investigations require a unique mix of knowledge, experience, and skills, utilizing a very technical and scientific approach. 4LEAF has qualified Fire Investigators on staff that are able to perform cause and origin investigations to truly determine how a fire was started, regardless of its size or severity. In order to identify the root cause and ignition sequence of a fire, 4LEAF Fire Investigation personnel will collaborate with other professionals to collect, preserve, analyze, and document evidence left at the burn site. In the event that the origin of the fire is deemed unlawful, 4LEAF is able to equip the City with an experienced investigator that has the ability to assist in any prosecutions, lawsuits, or litigations that may take place. Investigators can assist by providing expert witness testimonies and presenting any evidence discovered in court. Proposal to Provide On -Call Building and Fire Plan Review and Inspection Support Services to the City of Port Orchard Page 2 Scope of Services August 22, 2025 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 4LEAF, INC. CONSTRUCTION MANAGEMENT - PLAN CHECK INSPECTION - PLANNING - CODE ENFORCEMENT SECTION D: PROPOSED RATES f FEE STRUCTURE FY2025-2026 FEE SCHEDULE & BASIS OF CHARGES For the City of Port Orchard All Rates are Subject to Basis of Charges Plan Review Percentage: 70% Fee includes: (Inclusive of all disciplines except Fire and Civil, which ➢ Initial review and two (2) rechecks. Hourly are billed on an hourly basis.) charges apply after three (3) or more Hourly Plan Review: $118 Non -Structural Review rechecks. $153 Structural Review ➢ Shipping, courier, and electronic service. Building Chief Building Official........................................................................................................................ $148/hour Structural Plan Review Engineer....................................................................................................... $153/hour Non -Structural Plans Examiner......................................................................................................... $118/hour Senior Combination Building Inspector (Building Inspector III) ........................................................ $118/hour Commercial Building Inspector (Building Inspector II)...................................................................... $102/hour Residential Building Inspector (Building Inspector I)........................................................................ $97/hour Senior Electrical Inspector (Building Inspector III)............................................................................ $118/hour Electrical Inspector (Building II)........................................................................................................ $102/hour Electrical Inspector (Building I)......................................................................................................... $97/hour PermitManager................................................................................................................................ $97/hour Senior Permit Technician.................................................................................................................. $87/hour PermitTechnician............................................................................................................................. $72/hour Clerk / Administrator........................................................................................................................ $66/hour Civil Plan Review (Grading, Improvement Plans).............................................................................. $169/hour Inspector of Record.......................................................................................................................... $164/hour GoFormz Software.................................................................................................................$50/user monthly Fire Fire Protection Engineer (FPE)......................................................................................................... $230/hour Fire Prevention Officer..................................................................................................................... $159/hour Fire Plans Examiner.......................................................................................................................... $151/hour FireInspector II................................................................................................................................. $113/hour FireInspector I.................................................................................................................................. $101/hour Project Management ProjectManager............................................................................................................................... $179/hour Principal-in-Charge........................................................................................................................... $230/hour Proposal to Provide On -Call Building and Fire Plan Review and Inspection Support Services to the City of Port Orchard Page 10 Section D: Proposed Rates / Fee Structure August 22, 2025 Docusign Envelope ID: D0EC00DB-89E3-4715-831C-55EA9066B55E 4LEAF, INC. CONSTRUCTION MANAGEMENT - PLAN CHECK INSPECTION - PLANNING - CODE ENFORCEMENT 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 listed in the Fee Schedule. - Scenario #2 (City requested): at no additional cost to the City. • Plan review of deferred submittals and revisions will be billed at the hourly rates listed above. • All plan review services will be subject to a $271.00 minimum fee if percentage -based fee or four 4 -hour minimum charge if hourly rates apply. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case -by -case basis. - Fire and Civil Reviews are billed on an hourly basis and are not included in the percentage. • 4LEAF assumes that these rates reflect the FY2025-2026 contract period. There will be a 2% escalation for each subsequent Fiscal Year. (i.e. FY2026-2027, FY2027-2028, and so forth) • Overtime and Premium time will be charged as follows: - Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8 -hour M -F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 15t 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 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 10%. • 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. Proposal to Provide On -Call Building and Fire Plan Review and Inspection Support Services to the City of Port Orchard Page 11 Section D: Proposed Rates / Fee Structure August 22, 2025