4LEAF - First Street Waterline Replacement Construction Management, Project No. 16-PW-217 (2019)AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 7th day of March, 2019, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: 4LEAF, INC., having a principal place of business at 2126 Rheem Drive.
Pleasanton, CA 94588.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 03/18/19 and will continue in effect through
12/31/2019 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreemen>Z 11
terminate this Agreement regardless of any other provision stated herein. --
�''�nitial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ("Specific
Provisions") and Exhibit "B" ("Scope of Services"), within the time periods described in
Exhibit "C" ("Milestone Schedule").
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT'S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT'S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event
however shall the total compensation paid to CONSULTANT exceed $375,000 (including
ContinRencv).
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A", Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers' Compensation
CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys' fees, arising out of any injury, disability, or
death of any of CONSULTANT'S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
"extended reporting" or "tail" coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY' S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
® CITY will not withhold FICA (Social Security) from CONSULTANT'S
payments;
® CITY will not make state or federal unemployment insurance contributions on
CONSULTANT'S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers' compensation insurance on behalf of
CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT'S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant's Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT'S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT'S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work, completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C" which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT'S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 ("the Act") in its current
form and as it may be amended from time to time. CONSULTANT shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys' fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
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C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit "A", Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT:
4LEAF, INC.
By:�~mp�-- -
Nam, ene A. Barry
Title: Vice President 6-3 19�j�j
Social Security or Taxpayer
Identification Number 94-3393574
CITY:
CITY OF GILROY
Name: Gabriel A. Gonzalez
Title: City Administrator
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Approved as to For
City Attorney
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EXHIBIT "A"
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit "B", Scope of
Services ("Services"). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Mr. Gene Barry, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
"Notice to Proceed", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Faranak
Mandavi shall be the designated City contact person(s). Notice to Proceed shall be deemed to
have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided
in the Section V.H. ("Notices") of this Exhibit "A".
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCIIEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit "C".
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit "B". CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT'S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well -organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY'S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY's request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit "A".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Faranak Mandavi
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Gene Barry
Vice President
2126 Rheem Drive
Pleasanton, CA 94588
I. FEDERAL FUNDING REQUIREMENTS.
❑ If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
® If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City -adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
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EXHIBIT B — Scope of Services
City of Gilroy First Street Water Line Replacement Project
and Additional Work on Casey Lane and Howson Street
4LEAF views this project as having three (3) distinct elements: Pre -Construction, Construction, and Post -
Construction.
Task 1: Pre -Construction Phase
During Pre -Construction, the 4LEAF team will establish immediate and routine contact and
communication with the project's team including the City, the design team, the contractor, and other
interested parties. We will take steps to ensure successful collaborations with each of these entities.
During the Pre -Construction Phase of this project, we have identified the following key tasks:
Task 1A: Biddability and Constructability Review — Upon receipt of the City's notice to proceed (NTP) to
provide CM services forthe project, 4LEAF's Project Manager and Construction Manager will hold an initial
meeting with the City in order to compile a list of comments and concerns that the City has received to
date from internal staff and management, the design team, and the public. Using this information, the
4LEAF team will perform a biddability and constructability (B & C) review of the 95 percent plans,
specifications, and estimate (PS&E) package by analyzing the plans and specifications with respect to
current construction standards and practices and materials used. Examples of specific items to be
reviewed include, but are not limited to, the following:
✓ proposed method of installation of new water piping (cut and cover trenching or horizontal
drilling techniques),
✓ connection collar detail for the tie in of service laterals into new water main piping,
✓ clear pipe penetration detail for connecting a new storm drain line to an existing storm drain
manhole,
✓ review the specifications to ensure it contains include language that ties approval of the
contractor's monthly pay requests to their timely submission of submittals (e.g., 3-week look
ahead schedules) throughout the project,
✓ ensure the specifications include requirements for the contractor properly disinfects, flushes, and
tests all new water mains and laterals in accordance with American Water Works Association
(AWWA) and City of Gilroy standards.
The team will also determine if any additional standards, details, or clarifying construction notes should
be added, modified, or removed. We understand that the City is currently revising their standard details,
so it will be particularly important to review these revised details for accuracy and consistency in the 95
percent complete plans and any references in the project specifications. Once our draft B & C review is
complete, 4LEAF's Project Manager and Construction Manager will hold subsequent meetings, as
necessary, with the City to review the 4LEAF team's B & C review comments in order to confirm that all
comments are in line with the City's vision for the project prior to sending the comments to the designer
of record for incorporation into the contract documents.
Task 113: Perform Pre -Construction Project Site Condition Inspection — Using digital and/or video
cameras, the 4LEAF team will record the existing conditions of the project site and area(s) of new
construction before the contractor starts work, during construction, and then again at the completion of
construction activities. This documentation will be a useful tool in identifying and/or assigning ownership
Page 1 of 7
of any damage to existing City- or privately -owned facilities once work begins. We recommend that the
contractor perform the same documentation (if it isn't already a contract requirement) in order to
adequately protect the City and themselves from outside influences on the areas that they will be
performing their work.
Task 1C: Assist the City with Contractor Procurement — The 4LEAF team will provide as -requested
assistance to the City with the procurement process in identifying, interviewing, and selecting a contractor
to construct the project in accordance with the project's plans and specifications. As requested, these
services will include the following components:
✓ work with City staff to identify the procurement method to be utilized,
✓ assist the City with preparing and posting the public notice for the project solicitation including
providing copies of the 100 percent complete plans and specifications,
✓ coordinate and hold the contractor pre -bid proposal meeting and site visit,
✓ review and evaluate contractor bids/proposals and assist the City with contract award
recommendation,
✓ perform bid opening and notify successful bidder,
✓ assist the City with contract negotiations and contract award signing.
Task 1D: Pre -Construction Meeting — The 4LEAF team will conduct a pre -construction conference with
the project team including City staff, the design team, the contractor and subcontractors, the materials
testing laboratory's project manager, and representatives from various underground utilities. Topics to
be discussed at the pre -construction meeting typically include:
✓ performing introductions and identifying roles/responsibilities. Circulate sign -in sheet for
completing names, company names, phone numbers, fax numbers, and e-mail addresses of all
attendees for use in generating project contact list,
✓ status of notifications made to underground utilities and protocols for submitting notices to
Underground Service Alert (USA),
✓ scheduling and staging including where contractor may stage equipment and materials during the
project,
✓ reviewing the status of any access agreements or right of way permits and identifying the
responsible party(s) for completing if necessary,
✓ discussing allowable work hours and procedures for public work notices and discuss any signage
that will need to be installed along the project route,
✓ discussing the contractor's Baseline Schedule (note that 4LEAF will require that the contractor
provide a copy of the Baseline Schedule several days prior to the pre -construction meeting so that
it can be reviewed in advance of the meeting),
✓ discussing required contractor submittals including [traffic control plan, storm water pollution
prevention plan (SWPPP), contractor work plan (including their proposed phasing of the project,
excavation and shoring plan, equipment and materials to be used, etc.)],
✓ discussing procedures for submitting and approving contractor pay requests and anticipated
dates pay requests are typically paid by the City (e.g. 2nd Tuesday of every month, etc.)
✓ discussing health and safety protocols and expectations,
✓ discussing process for submitting RFls, change orders, submittals, etc.
Task 1E: Review Contractor Submittals — The contractor will be required to prepare detailed submittal
items [such as phased traffic control plans, baseline schedule, a SWPPP, a work plan including an
Page 2 of 7
excavation and shoring plan, etc.] prior to the start of construction and submitted through the City's
chosen cloud -based Document Control System, Procore. 4LEAF's part-time Construction Manager will
evaluate each submittal and assign to the applicable project participant (e.g. City staff or Design Engineer)
for their review and approval. If a submittal has to be reviewed and approved by the designer of record,
our review prior to forwarding it to the designer of record will provide a "sanity check" of the submittal
before the designer spends time reviewing the submittal. This will streamline the submittal process for
all parties, preventing the designer of record from wasting their time reviewing a submittal that may not
meet contract requirements. The submittal log generated by Procore will be tracked and status will be
updated at each weekly progress meeting with "Ball in Court" status indicating whose action is required
to move the submittal process along as efficiently as possible. These procedures will be followed for the
request for information (RFI) process as well.
Task 2: Construction Phase
From day 1, the 4LEAF team will run an efficient, quality project that exceeds the expectations of the City.
Our part-time Construction Manager will actively lead our on -site construction inspector and materials
testing subcontractor; and will ensure that all contracts, submittals, permits, etc. are in place before work
commences, and that each member of our team is ready to get to work building your project. During the
Construction Phase of this project, we have identified the following items that are key:
Task 2A: QSD/QSP Water Quality Monitoring and SWPPP Support — 4LEAF recommends that the
specifications require that the contractor is tasked with preparing the SWPPP and performing all of the
required inspections for the project. 4LEAF's Qualified SWPPP Developer (QSD) will review the
contractor's SWPPP submittal prior to it being submitted to the California State Water Resources Control
Board (Water Board) to obtain coverage under the Construction General Permit for Storm Water
Discharges (General Permit). We also recommend that the specifications require that the contractor act
as the project's QSP and perform all Permit -required inspections for the project. 4LEAF will provide a
"third set of eyes" on the project to confirm the contractor's QSP is performing daily site inspections of
the installed best management practices (BMPs) employed at the site and report any BMPs that are in
poor repair or other deficiencies to the contractor's QSP. We will also monitor weather forecasts on a
daily basis to provide additional warning for the QSP of any upcoming "qualifying rain events" so team
members have time to verify that all BPMs are in place and in good repair before, during, and after rain
events as will be required by the SWPPP (and depending on the Risk Level determination for the project,
e.g. Risk Level 1 or 2). Our proactive approach will provide added assurance to the City that storm water
issues are being properly monitored, documented, and maintained throughout the project.
Task 2B: Construction Management, Field Inspection, and Quality Assurance — 4LEAF's on -site staff will
observe and monitor the progress on the work in accordance with the plans, specifications, and contract
documents and in alignment with the construction schedule; including work that affects the SWPPP.
Progress photos will be taken and daily inspection reports will be prepared using the report format
required or requested by the City. The information on the daily reports will include but not be limited to:
weather, shift hours, traffic controls that are in place (both vehicular and pedestrian), SWPPP erosion
control measure conditions, work activities, labor and equipment hours, work complete, quantities, and
other related information and discussions. If the City would like, we will also prepare monthly summary
reports that would include photos and a narrative of each major item of work completed during the
month; including open issues, upcoming work, and a snapshot of the work progress at the end of each
month by percent of budget spent and percent of working days used.
Page 3 of 7
4LEAF's part-time Construction Manager will complete Weekly Statement of Working Days (WSWD)
reports each week providing a snapshot of the project progress including contract time elapsed, weather
conditions, working and non -working days counted for the week, time extensions, computation of current
Estimated Completion Date (ECD), and controlling operations progress made for the week. As controlling
operations are performed, 4LEAF's inspector will collect certificates of compliance, AC weight tags,
concrete batch tags, and bills of lading for materials delivered to the site. Our Construction Inspector will
then compare these documents to the approved submittals before allowing the materials to be used on
the project. Although the 4LEAF team would not be contracted to be the project safety officers; we would
make the contractor aware of any unsafe condition that we notice on the job site throughout the life of
the project. The 4LEAF team will coordinate with City departments (i.e., traffic signal technicians for
possible signal modifications that may be necessary for traffic control plan implementation; water
department for necessary service shutdowns; etc.). The 4LEAF team is prepared to provide personnel for
daytime and/or night work as the limitations to service disruptions dictate. 4LEAF recommends that
document control follow the Caltrans Local Assistance Procedures Manual (LAPM) since First Street is a
Caltrans roadway.
4LEAF will do a thorough review of the contractor's monthly progress payment requests to ensure the
City is only making payments for work completed each month. This will include measuring and calculating
each bid item pay quantity on a Caltrans Form CEM-4801 Quantity Data Sheet. The monthly
measurements and calculations will come from the quantities measured and reported on the inspector
daily reports. Before the start of construction, 4LEAF and the contractor will develop a procedure that is
acceptable to the City for submitting and reviewing monthly progress payments and the final payment.
We will review the contractor's schedule of values for bid items and segregate them into a form that is
acceptable to the City for reimbursement. Both 4LEAF's part-time Construction Manager and Cfull-time
Construction Inspector will review the contractor's payment requests and will compare them to the
quantities calculated and measured on the Quantity Data Sheets. If payment for materials on hand is
allowed in this contract, we will verify the materials on the job site, or coordinate with the contractor for
source verification at the time of the payment request.
After 4LEAF and the contractor agree on the monthly progress payment amount, 4LEAF's part-time
Construction Manager will prepare the final progress payment request using the form and procedure
previously approved by the City (showing work completed each month, work completed to date,
percentage complete for each item, and any applicable deductions to the net payment) for approval and
execution by the City. Additionally, 4LEAF will provide a project progress summary in the monthly status
report. This summary will include percent of budget spent and percent of working days used.
Traffic Control
Traffic control will be a key issue in maintaining safe conditions on the project and keeping positive
relations with the public. For most of the project between Santa Teresa and Princevalle Street, there are
two lanes in each direction and an open center median that the contractor can use to divert westbound
traffic. Located further west at the intersection with Princevalle Street, First Street narrows down to one
lane in each direction with a shared open median. In addition, Miller Park is on the south side of the street
just west of Princevalle Street with street parking on either side of First Street for the rest of the project.
In the westbound direction, First Street begins to narrow as it approaches Monterey Street, but the
contractor will be able to keep one lane open in each direction at all times, paying particular attention to
keeping access into business driveways open at all times.
Page 4 of 7
4LEAF's Construction Inspector will coordinate with the property and business owners along the project
route as well as the contractor so that any work along driveway entrances to businesses and roadway
intersections are scheduled and performed at times that will minimize impacts to these businesses and
public traffic. Our staff will not only provide sufficient notification to property owners and businesses of
upcoming work and the work hours but will also ensure the contractor performs the work when
scheduled.
4LEAF's Construction Inspector will continuously monitor the contractor's traffic control measures and
ensure they are in place before the start of each work day, maintained throughout the work day, and in
place at the end of each work day. This will include ensuring the contractor provides all the required
notification signage and the appropriate number of flagmen. If necessary, 4LEAF will request police patrol
to enforce safe traffic speeds during construction throughout the project limits. 4LEAF is currently
providing CM and inspection services for the heavily -travelled Geary Road in Walnut Creek. At the
beginning of the Geary Road project, our inspector met with the Walnut Creek Police Department to
provide added police presence along the project limits and police have been present along the length of
project issuing moving violation and speeding tickets almost daily.
Additional Work — Casey Lane and Howson Street Water Line Improvements
The City of Gilroy has requested the project's contractor, MPE, to provide costs to perform the following
additional work:
• Howson Street - transferring seven water services and two fire hydrants from an existing 6-inch-
diamter water main to an existing 12-inch-diameter water main on Monterey between Howson
and Leavesley as well as abandoning the existing 6-inch-diameter water line and cap the line at
Howson and Leavesley.
• Casey Lane water line improvements including installing approximately 91 lineal feet of 24-inch-
diameter steel casing using jack and bore methods and inserting 10-inch-diameter ductile iron
pipe (DIP); installing approximately 400 lineal feet of 10-inch-diameter DIP and valves; installing
four new 2-inch service laterals, two 6-inch fire line service laterals to two new fire hydrants, and
connect to existing 12-inch-diameter and 4-inch-diameter water main lines; abandon and plug
existing 4-inch water main; and place and compact trenches and restore surface AC..
Task 2C: Special Inspection and Materials Testing — 4LEAF's Construction Inspector will coordinate and
schedule special inspections and materials testing with our materials testing and special inspections
subconsultant, Construction Testing Services (CTS). 4LEAF and CTS have teamed up on more than 150
projects over our history including projects varying from infrastructure to site work, universities to
hospitals, and hotels to parking garages. These inspections will be conducted per the City's Quality
Assurance Plan, Caltrans Standard Specifications, and additional project specific quality assurance
requirements. These tests will include but not be limited to: trench backfill compaction,
roadway/pavement structural section compaction, rebar inspection, concrete sampling, and asphalt
concrete sampling. 4LEAF will receive documentation for all tests, including retests, and observe and
document the testing. We will notify the contractor immediately of any non -compliant test results.
Task 213: Construction Meetings — 4LEAF's part-time Construction Manager will schedule, write the
agendas for, chair, and provide minutes for all meetings including the weekly progress meetings, periodic
Page 5 of 7
meetings with the City, as well as any additional meetings with utilities, the public, etc. that may be
necessary to successfully complete the project.
The weekly progress meeting will be used to review the contractor's 3-week look ahead schedule
(highlighting critical project activities, operations, and necessary coordination), open issues, status of
submittals, status of open RFIs, deficient work, SWPPP concerns, and safety concerns.
Task 2E: Schedule Management - The 4LEAF team will review the contractor's baseline schedule to
ensure all the controlling operation's durations, critical path, and order of work follow a logical sequence
to the project completion. We will then monitor the contractor's progress throughout the project and
compare it to their baseline schedule so we can identify any deviations of the contract completion date
as soon as possible; therefore, giving the contractor ample time to develop and present their plan on
getting the project back on schedule.
If schedule slippage occurs, we will meet with the Contractor to discuss ways in which to accelerate other
portions of work. Another way to accommodate slippage in the schedule is to re -sequence work in order
to make up for lost time.
Task 2F: Public Relations-4LEAF will foster a team approach with the City, its Public Relations consultant,
and the General Contractor to provide adequate notification to the public and business owners of water
service shut -offs, driveway closures, and road and pedestrian pathway closures. Starting with the pre -
construction meeting and continuing through the weekly progress meetings, we will plan for and create
notification protocols to ensure maximum lead time for public notifications of controlling operations that
will directly impact the public and businesses.
Task 2G: Contract Modifications, Extra Work, Change Orders, and Claims — 4LEAF will meet with the City
to discuss utilizing any existing City change order tracking systems that are currently in place as well as
suggest protocols for use on the project. Using Caltrans standards, 4LEAF will provide the City with
assurance that the contractor is not presenting requests for change orders that are already included in
the original scope of the contract. Our part-time Construction Manager and/or full-time Construction
Inspector will meet face-to-face with the contractor's representative to gather more information on the
nature of the potential change order. Quite often, a contractor only has a general knowledge of the plans
and specifications and an item they feel is a change order may indeed be part of the plans and
specifications that they were not aware of. We will ensure all potential changes and extra work requests
to the contract have been reviewed and evaluated for cost and times impacts, and properly justify a
response to the contractor. 4LEAF's part-time Construction Manager will review requests for change
orders and extra work requests from the contractor for contractual and technical merit prepare
independent cost estimates and schedule analysis for the proposed work, if directed by the City, 4LEAF
can negotiate change orders on behalf of the City and prepare all required documents for execution by
the City and the contractor. 4LEAF's part-time Construction Manager will keep the City informed of the
cumulative cost and time impacts to the contract through a CCO log that will be updated upon execution
of each change order. 4LEAF will take no action without the review and approval of the City.
We pride ourselves on maintaining positive working relationships with the contractors that we work with,
resulting in addressing most issues early enough to avoid potential claims. There will be times, however,
that mutual agreements on issue resolution cannot be achieved. At that point the contractor may issue
a Notice of Potential Claim. If we become aware of a potential claim, 4LEAF will require the contractor to
submit documentation supporting the claimed delay (including a time -impact analysis).
Page 6 of 7
The 4LEAF team will compare the contractor's initial baseline schedule, revised schedules, actual time of
work activity, the contractor's operational efficiencies, and the inspector's daily reports to determine the
source and contractual responsibility for all delay claims. If the analysis results in a resolution that favors
the contractor's stance on the issue, a CCO will be recommended. If this action does not adequately
resolve the potential claim, 4LEAF's Construction Manager will generate and compile all backup data,
copies of reports and correspondence that pertain to the Notice of Potential Claim on the issue. We will
include this backup data in a claim settlement report package in case the contractor goes through a claim
on the unresolved issue. All such packages will be forwarded to the City with a cover letter with the facts
as 4LEAF sees them and recommended actions, if any. A log of Notices of Potential Claims will be prepared
and updated for discussion at regular City meetings and/or weekly progress meetings. We will work with
the contractor on every unresolved issue throughout the life of the project with the goal of coming to a
mutually agreeable resolution with the contractor prior to it escalating to higher levels of management.
Task 3: Post -Construction Phase
In order to obtain final completion and acceptance, the post -construction phase includes three distinct
closeout elements: physical closeout, document closeout, and fiscal closeout.
Task 3A: Final Inspections — Our Construction Inspector will be proactive in developing and maintaining
a project punch list and maintaining a set of accurate as -built drawings during construction to compare
with the set of record drawings that will be maintained by the contractor. In our experience, contractors
are much more willing to complete punch list items if they are made aware of them early.
After all of the work is substantially complete, the 4LEAF team will walk the job site with the City,
contractor(s), and Caltrans (if required) in order to generate a punchlist. After all contract related punch
list items are complete and beneficial uses of the improvements are achieved, 4LEAF's Construction
Inspector will issue a Notice of Substantial Completion to the City and the tracking of working days will
cease. Once all extra work and all punch list items are complete, 4LEAF's Construction Manager will issue
a Notice of Final Completion. Items may be placed on the punch list up until the Notice of Final Completion
is issued. 4LEAF's Construction Inspector will also confirm all as -built conditions on the plans prior to the
contractor sending their completed as -built drawings to the designer of record for compilation of the final
as -built record drawings.
Task 313: Contract Close-out — 4LEAF's part-time Construction Manager will work with our Construction
Inspector to assemble and transfer the contract files to the City when the contract is complete.
Documents typically include correspondence, CO's, Change Notices, RFIs, submittals, and claims. 4LEAF's
Construction Manager will perform an on -going verification of the files throughout the duration of the
project to ensure that complete files are transferred to the City at closeout.
Contract administration, accounting, and financial functions are coordinated with physical closeout
functions to ensure that no outstanding financial liability is present after the final payments and/or
retentions are made to the contractor.
Additional components of the fiscal closeout system that require simultaneous review and cross checking
include: the submittal log, the RFI log, the record drawings, and punch lists. These will be reviewed and
inspected to ensure that the final payment to the contractor does not leave any financial liability to the
City.
Page 7 of 7
EXHIBIT C
MILESTONE SCHEDULE
ALL DATES ARE TENTATIVE)
MILESTONE DESCRIPTION
CONSTRUCTION PHASE
• CONSTRUCTION MANAGEMENT, FIELD INSPECTION, AND
QUALITY ASSURANCE
• SPECIAL INSPECTION AND MATERIALS TESTING
(SUBCONSULTANT- CTS)
• CONSTRUCTION MEETINGS
• SCHEDULE MANAGEMENT
• AS -NEEDED PUBLIC RELATIONS SUPPORT
• CONTRACT MODIFICATIONS, EXTRA WORK, CHANGE ORDERS,
AND CLAIMS SUPPORT
DATES
MARCH 2O19 - SEPTEMBER 2019
'.fir 4LNAt'�INC. ,.
sub
Task Task
EXHIBIT D - Payment Schedule
Cost Proposal for Performing Construction Management and Inspection Services
for the City of Gilroy First Street Water Line, Casey Lane, and Howson Street Improvement Projects
Task Description
Hourly Rate
1 Construction Phase
In Construction Management, Field Inspection, and quality Assurance.
lb Special Inspections and Materials Testing(CTS).
1c Administrative Processing Fee (10%) for Subconsultant Invoices (CTS),
2 Post Construction Phose
2a Final Inspections and Provide Red -Lined Set of Plans to Design Team.
26 Contract Close-out.
2c Project Management,
Notes:
C
r
C
lo
x
F
x
x
a
v
a
v
y
y
`
A.
2
°
v
Notes
$185
$150
$137
$185
$154
See Notes (a) and(b),
Hours
Hours
Flours
Hours
Hours
Hours
0
690
1,032
170
168
2,060
$802,219
See Note (c)
�,
I!
$10,000
See Note(d)
$1,000
Task1$ubtotal: 0
690
1092
170
168
2060
$313,219
Hours
Hours I
Hours
I Hours
0
0 I
80
0
0
I so
$10,960
0
100 I
8
0
0
I 108
$16,096
0
0'
0
0
0
I 0
$0
Task25ubtotak 0
100
88
0
0
I 188
$27,056
Totals: 0
790
1,120
170
168
2,248
$340,275
See Note(e)
(a) Assumes project requires compliance with California Prevailing Wage rate requirements under SS 854, and the City will be required to file a PWC-100 Form to the California Department of Industria
Relations for the project.
(c) Based on the Contractor's current construction schedule dated 2/5/19, assumes the current scope of services for the 1st Street Water Main project wlII be completed by mid July 2019. It is our current
understanding that the City has asked the Contractor (MPE) to provide a cost estimate for add ltlonaI project scope consisting of upgrades to utility services along Howson Street, and the jack and bore and
upgrades to utility services for Casey Lane. At the time of the preparation of this estimate, M P E provided a cost estimate and schedule for the Howson Street Services but has not provided costs or a
schedule for the Casey Lane work. We have assumed the additional work for Howson Street will take 24 working days of field work and be completed by the end of August 2019 and the Casey Lane work
will take 4 weeks (20 working days). This estimate assumes (1) part-time CM for 28 weeks at 23 hrs/wk and (1) full-time Inspector for 142 working days between March 4 and Septem her 20, 2019 at 8
hrs/day at regular time. For budgetary purposes, we have assumed 30%of these days will have 2 hrs/day at OT rate. It Is our understanding that the contractor will perform a select number of the tie-ins
to the water main on Saturdays or during the night In order to minimize disruptions to businesses. For budgetary purposes, we have assumed 10 Saturdays at 8 hrs/day at the OT rate and 21 days at
nightwork at the Nighttime (NIT) rate for Inspection oversight. In the event the contractor works more Saturdays or nights than these assumptions, 4LEAF will prepare a revised estimate and submit to the
City for review and approval.
(d) For budgetary purposes, we have Included a budgetary placeholder amount of $10,000 for asphalt compaction testing along trench repaving.
(e) 4LEAF staff will be supplied with typical tools ofthe trade to perform their daily tasks (e.g. cell phone, laptop computer, and PPE). Assumes City will provide office space for CM and Inspector to finalize
daily reports and other project paperwork.
1 of1
CONSTRUCTION
TESTING SERVICES
2015 FEE SCHEDULE - P10260 8117115
PERSONNEL FEES AND BASIS OF CHARGES
INSPECTIONS, ENGINEERING & SPECIAL SERVICES
* FIELD INSPECTION AND LABORATORY SERVICE
Steel
Nondestructive - UT, MT, PT
Steel Visual/UT Combination
Concrete ACI
Concrete ICC
Masonry
Fireproofing
Soil Technician w/Nuclear Gauge and/or Sand Cone (portal-to-portal)
Roofing & Waterproofing
Specialty Inspector or where formal certification is required
Field Inspector with Special Enhancement
Laboratory Technician
Technician Typist
**PROFESSIONAL ENGINEERING SERVICES
Principal Engineer (Civil/Structural)
Geotechnical Engineer
Consulting Engineer (Civil/Structural)
Associate Engineer, Licensed
Project Manager
Staff Engineer
Field Supervision
ASNT Level III
Drafting
Quality Control Manager
SPECIAL SERVICES
Portable and Mobile Laboratories, NDT and Soils
Epoxy Bolt/Expansion Anchor Proof Load Testing
Coring, 1 Person (including equipment)
* Coring, 2 Persons (including equipment)
Project Research
Ultrasonic Testing for Non -Metallic Materials
Pavement Rehabilitation Analysis Using Deflections
Roof Moisture Survey
Soil Drilling Equipment
Geotechnical Site Investigations/Foundation Reports
Pachometer, Schmidt Hammer, Windsor Probe
Floor Flatness Testing FF/FL - Equipment Fee $100/Day
Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $30/Kit
Ferroscan - Equipment Fee $100/day
GPR - Equipment Fee $100/day
Administration, Secretarial, Special Projects, Notary, Certified Payroll
Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500)
Welding Procedure Review (less than 48 hours notice - $500)
Welder Qualification Test
DSA Interim Reports
Geotechnical Pad Letter (less than 48 hours notice - $500)
Final Letter (less than 48 hours notice - $500)
EXPERT WITNESS TESTIMONY
Court appearance, per day
Court appearance, per half day
" Field Inspection services will be billed In accordance with minimums shown on Basis of Charges.
-Professional engineering services and laboratory technician services will be billed at actual time.
ASTM F1869
Standard
Rate/Hour
$185.00
$190.00
$185.00
$185.00
$185.00
$185.00
$185.00
$1-85,00
$185.00
$185.00
$186.00
$185.00
$185.00
$310.00
$2 "0
$235.00
$210.00
$185.00
$185.00
$160.00
$175.00
$126,00
QOR
QOR
$185.00
$170.00
$220.00
QOR
QOR
QOR
QOR
QOR
QOR
$250.00
$250.00
$250.00
$250.00
$295.00
$135,00
$300.00
$300,00
$200.00
$150.00
$300.00
$300.00
$1,160.00
$860.00
INSPECTING
TESTING
ENGINEERING
Discounted
RatelHour
$85.00
$150.00
All fees subject to Basis of Charges
CONSTRUCTION
TESTING SERVICES
INSPECTING
TESTING
ENGINEERING
BASIS OF CHARGES
GENERAL
Fees for tests and inspection Include cost of technician, normal equipment and regular reports. Engineering services other than supervisory will be charged at
applicable rates. Soils testing with nuclear gauge and/or sand cone equipment may require applicable travel and mileage charges for equipment transport and
storage per code (portal to portal). Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior
notification to Client; charges are subject to change at any time. Construction Testing Services reserves the right to adjust the rates quoted in this contract
based upon any Union or prevailing wage increases and/or changes in any Industry requirements.
MINIMUM HOURLY CHARGES — INSPECTION
Technician personnel and the following minimum charges are contractual commitment:
One-half day or less
Over one-half day
Show -up time (less than 2 hours notice = 4 hour charge)
WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday.
Overtime, Weekdays and Saturdays (first 8 hours)
Overtime Saturdays (over 8 hours) and Sundays (first 8 hours)
Overtime Sundays (over 8 hours) and Holidays
Shift differential, swing and graveyard -
(Work performed between 2:00 pm and 4:00 am)
MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee
Facsimile Charges. Plus $1.00/page (n/c for cover page)
Wireless Router/Data Card for Jobsite Internet
Parking Fees
Air Travel
Outside Services
Subsistence (per union contract)
Mileage
Sample Pickup
Weekend Sample Pickup
Project Management & Administration
Samples Made by Others: Concrete Cylinders
Samples Made by Others: All Other Tests
Laboratory Sample Witness Fee
EZ Cure Boxes (Thermostatically Controlled Curing Boxes)
Returned Check Fee
4 Hours
8 Hours
2 Hours
Premium time is as follows:
1.5 x quoted hourly rate
2 x quoted hourly rate
3 x quoted hourly rate
12.5%/hour additional to base or quoted rate.
$25.00/each
$5.00 minimum
$100.00/day
At Cost
Cost Plus 5%
Cost Plus 20%
$85.00/day
Standard Federal Rate
$15.00/each
$75.00/hour
5% of Monthly Invoice
$100 + Test
$40 + Test
$100.00
QOR
$100.00
TESTS
Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for
tests not listed will be quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests maybe tested by
subconsultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.
INSURANCE
For the waiver of subrogation if required by client, a 2% CTS administrative fee will be added to all gross billings/revenue In addition to the 3% fee from State
Fund.
PAYMENT
Invoices will be submitted monthly or bimonthly for services performed during the preceding month and are payable on receipt. Interest of 1.5% per month (but
not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued
Interest and then to the principle unpaid amount. Attorney's fees or other costs Incurred in collecting any delinquent amount shall be paid by client. Visa,
MasterCard and American Express payments are accepted however fees will apply. Visa and MasterCard payments require an additional 3% on top of the
amount of the invoice being paid. American Express payments require an additional 4% on top of the amount of the Invoice being paid.
Alife es subject to Basis of Charges
CONSTRUCTION
TESTING SERVICES
CONCRETE AND MASONRY TESTS
INSPECTING
TESTING
ENGINEERING
Standard Discounted
CONCRETE
Rate/Each Rate/Each
Compressive Strength of Cylindrical Concrete Specimens (6x12)
ASTM C39
$60.00
Compressive Strength of Cylindrical Concrete Specimens (48)
ASTM C39
$60.00
Compressive Strength of Cylindrical Concrete Specimens (over 8000 psi)
ASTM C39
$115.00
Cylinder molds. 6" x 12" and 4" x 8"
ASTM C470
$50.00
Compressive Strength of Lightweight Insulating Concrete
ASTM C495
$70.00
Obtaining and Testing Sawed Beams and Drilled Cores of Concrete (cores)
ASTM C42
$90.00
Flexural Toughness of Fiber Reinforced Concrete (Round Panel)
ASTM C1550
$330.00
Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading)
ASTM C78
$230.00
Flex Beams per Caltrans Test Methods
CT523 and CT524
$230.00
Length Change of Hardened Hydraulic -Cement Mortar and Concrete (Shrinkage 1 Sample)
ASTM C157
$110.00
Shotcrete Nozzleman Qualification
ACI 506, ASTM C42 and C1140
$330.00
Shotcrete Pre -Qualification Cores
ACI 506, ASTM C42 and C1140
$80,00
Shotcrete Production Cores
ASTM C1140
$80.00
Coefficient of Thermal Expansion
AASHTO T336
$400,00
Determining Density of Structural Lightweight Concrete (Cylinders)
ASTM C567
$300.00
Standard Specification for Concrete Made by Volumetric Batching and Mixing
ASTM C685
$725.00
Cement Quality Sampling
CBC 2010
$600.00
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete
ASTM C472
$40.00
Splitting Tensile Strength of Cylindrical Concrete Specimens
ASTM C496
$190.00
Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression
ASTM C469
$170.00
Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room
CBC
$110,00
Density of Hydraulic Cement
ASTM C188
$145.00
Testing of Controlled Low Strength Material (CLSM) Test Cylinders
ASTM D4832
$110.00
GFRC Pull Test
PCI
$280.00
GFRC Flexural Test
PCI
$280.00
Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell -Crete)
ASTM C796
$65.00
MASONRY
Compressive Testing of Grout (Masonry)
ASTM C1019
$90.00
Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens
ASTM C109
$90.00
Compressive Strength of Masonry Prisms
ASTM C1314
$135.00
Testing Concrete Masonry Units and Related Units (Core Compression)
CBC 2105A.4
$135,00
Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample)
ASTM C780 A7.6
$90.00
Testing Concrete Masonry Units (CMU) and Related Units (Full Unit)
ASTM C140
$135.00
Linear Drying Shrinkage of Concrete Masonry Units (Per Unit)
ASTM C426
$200.00
Masonry Core Shear Testing
CBC 2105A.4
$200.00
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight)
ASTM C140
$250.00
Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate,
$750.00
efflorescence)*
ASTM C67
Mortar Molds. 2" x 4". Single Use
$90.00
Mortar or Grout, Stored and Cured, Not Tested (including mold)
$90.00
AGGREGATES (SOILS AND CONCRETE)
Determining Sieve Analysis of Fine and Coarse Aggregates (Coarse Only)
CT202/ASTM C136
$45.00
$150.00
Sieve Analysis of Fine and Coarse Aggregates (Fine Only)
CT202/ASTM C136
$220.00
Sieve Analysis of Fine and Coarse Aggregates (Wash Included)
CT202/ASTM C117
$279.00
$250.00
Sieve Analysis of Fine and Coarse Aggregates (200 Wash Only)
ASTM C117
$165.00
Evaluating Cleanness of Coarse Aggregate
CT227
$275.00
Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate
ASTM C88/CT214
$200,00
Unit Weight of Aggregate
CT212
$135,00
Clay Lumps and Friable Particles in Aggregates
ASTM C142
$160,00
Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate
ASTM D4791/CT235
$275.00
Organic Impurities in Fine Aggregates for Concrete
CT213/ASTM C40
$250.00
Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate
ASTM C127/CT206
$250.00
Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate
ASTM C128/CT207
$260.00
Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los
Angeles Machine
ASTM C131(535) and C211
$400-00
$250.00
Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of
$300-0n
Fractured Particles In Coarse Aggregate
ASTM D5821/CT205
$250.00
Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture,
$390 90
and Grading)
ASTM C1252/AASHTO T304A
$250.00
Sand Equivalent Value of Soils and Fine Aggregate
ASTM D2419/CT217
$290 00
$175,00
Durability Index (Fine)
ASTM D3744/CT229
$30o;00
$275.00
Durability Index (Coarse)
ASTM D3744/CT229
$WD-.90
$276.00
Durability Index (Fine and Coarse)
ASTM D 3744/CT229
$315.00
Lightweight Particles in Aggregate
ASTM C123/AASHTO T113
QOR
Resistance of Rock to Wetting and Drying
CRD-C169
$440,00
Unusual sample preparation for brick specimen will be charged at the established hourly rate.
All fees subject to Basis of Charges
NG
CONSTRUCTION INSPECTESTING
TESTING SERVICES ENGINEERING
SOILS, AGGREGATE, ASPHALTIC CONCRETE SERVICES & TESTS
Standard
Discounted
SOILS
Rate/Each
Rate/Each
Direct Shear Test of Soils Under Consolidated Drained Conditions
ASTM D3080
$400.00
Caltrans Corrosivity Package
$375.00
Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water
CT643
QOR
Soils and Waters for Sulfate Content
CT417
QOR
Solis and Waters for Chloride Content
CT422
QOR
Particle -Size Analysis of Soils (with Hydrometer)
ASTM D422
$440.00
Pore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer
ASTM D4542
$465.00
Standard Test Method for Particle -Size Analysis of Solis (without Hydrometer)
ASTM D422
$400.00
Liquid Limit, Plastic Limit, and Plasticity Index of Soils
ASTM D4318/CT204
$300.00
Laboratory Compaction Characteristics of Soil Using Modified/Standard Effort
ASTM D1557/D698
$375.w
$350,00
Hydrometer Only
ASTM D422
$400,00
pH of Soils
ASTM D4972
$350.00
Relative Compaction of Untreated and Treated Soils and Aggregates
CT216
$440,00
$400.00
Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement
Solis by the Stablllometer
ASTM D2844/CT301
$440 00
$400.00
Laboratory Determination of Water(*moisture) Content of Soil and Rock by Mass
ASTM D2216/CT226
$140.00
$100.00
Density of Soil in Place by the Drive -Cylinder Method
D2937
$85.00
Expansion Index of Soils
ASTM D4829
$300.00
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter
(Permeability)
ASTM D5084/CT220
$410.00
Lab Compaction Characteristics of Soil 1 Point Proctor (Check Point)
ASTM D698/D1557
$250.00
Maximum Index Density and Unit Weight of Soils Using a Vibratory Table
ASTM D4253
$210.00
Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density
ASTM D4254
$210.00
Density of Hydraulic Cement
ASTM C188
$190,00
Volatile Organic Content
EPA 8260B
QOR
Semi Volatile Organics by GC/Ms (Basic Target List)
EPA 8270C
QOR
Total Organic Carbon
ASTM 2974/EPA 5310Bm
QOR
ICP Metals Concentration
EPA 6020 - CAM/CCR 17
QOR
Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes,
QOR
%SS
EPA 8015B
ICP Metals Concentration
EPA 6020
QOR
pH
EPA 9045D
$400.00
Sequential Batch Extraction of Waste with Acidic Extraction Fluid
ASTM D5284
QOR
Chromium Soluble
EPA 7196A
QOR
Moisture, Ash and Organic Matter of Peat and Other Organic Soils (Organic Content)
ASTM D2974
$200.00
Universal Sell Classification System (USCS) Test
ASTM D2487
$220.00
California Bearing Ratio Test
ASTM D1883
$275.00
Unconfined Compressive Strength of Cohesive Soil
ASTM D2166/CT221
$140.00
ASPHALT
Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent)
ASTM D2172/CT310
$550.00
Determining Low Temperature Performance Grade (PG) of Asphalt Binders
ASTM 6816
QOR
Thickness/Height of Compacted Bituminous Paving Mixture Specimens (Cores)
ASTM D3549/CT308
$200.00
Method of Prep of Bituminous Mixture Test Specimens
ASTM D6926/CT304
$200.00
Bulk Specific Gravity and Density of Compacted Bituminous Mixtures (LTMD)
ASTM D1188 and D2726/CT308
$750.00
Indirect Tensile (IDT) Strength of Bituminous Mixtures (TSR)
ASTM D6931/CT371
QOR
Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate
ASTM D5444/CT202
$300.00
Marshall Stability and Flow of Bituminous Mixtures
ASTM D6927
$750.00
Theoretical Maximum Specific Gravity and Density (Rice)
ASTM D2041/CT309
$300-40
$275.00
Measuring the Permeability of Bituminous Pavements and Seal Coats
CT341
QOR
Swell of Bituminous Mixtures
CT305
$275.00
Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt
ASTM D1461/CT307
$700.00
Stabilometer Value (1 sample)
CT366
$275.00
Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method
CT382/ASTM D6307
$300.00
Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method
CT382/ASTM D6307
$309 00
$275.00
Determination of Asphalt and Moisture Contents of Bituminous Mixtures by Microwave Oven
CT370
$300.00
$275.00
Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6)
ASTM D1075
$2,500.00
Compressive Strength of Bituminous Mixtures
ASTM D1074
$200,00
Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at
established rates for laboratory technician.
** Does not include sample preparation or sieve analysis
All fees subject to Basis of Charges
14"� CONSTRUCTION
TESTING SERVICES
INSPECTING
TESTING
ENGINEERING
Standard
MATERIALS MECHANICAL TESTS
Rate/Each
Mechanical Testing of Steel Products (Genera[ Tensile)
ASTM A370
$350.00
Fillet Weld Break Test for Qualification (Welding)
AWS B4.0
$150.00
Tension Testing of Metallic Materials, Tension Testing Wrought and Cast Aluminum and
$350.00
Magnesium -Alloy Products, (Welding Coupon Tensile)
ASTM E8, B557 and AWS B4.0
Mechanical Testing of Steel Products (Couplers)
ASTM A370
$350.00
Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic
QOR
Materials
ASTM E2248 and ASTM E23
Testing, Practices, and Terminology for Chemical Analysis of Steel Products
ASTM A751
$250.00
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #348
ASTM A370 and E290
$275.00
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #9411
ASTM A370 and E290
$330.00
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+
ASTM A370 and E290
QOR
Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete
$330.00
Reinforcement
ASTM A370, A82 and A185
Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds
ASTM E190 and AWS B4.0
$200.00
Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor
$395.00
Bolts Only (Tension and Yield)
ASTM F307, F1554 and F606
Rockwell Hardness of Metallic Materials
ASTM E18
$110.00
Proof Test for Carbon and Alloy Steel (Nuts Only)
ASTM At 94 or A563
$250.00
Radiographic Examination of Metallic Castings/Weldments
ASTM E94, E1030 and E1032
QOR
Macroetching Metals and Alloys
ASTM E340, E381 and AWS
$260.00
Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers,
$275.00
Direct Tension Indicators, and Rivets (HSB Assemblies)
ASTM F606
Mechanical Testing of Steel Products (Terminators Tensile)
ASTM A370
$275.00
Strength for Sewn or Bonded Seams of Geotextlles
ASTM D4884
$250.00
Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure
ASTM D2261
$250.00
Breaking Strength and Elongation of Textile Fabrics (Grab Test)
ASTM D5034
$200.00
Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars
ASTM D3039
$750.00
Steel Strand, Uncoated Seven -Wire for Prestressed Concrete
ASTM A416 and A1061
$1,100.00
FIREPROOFING
Thickness and Density of Sprayed Fire -Resistive Material (SFRM)
ASTM E605
$200.00
Cohesion/Adhesion of Sprayed Fire -Resistive Materials (Test Kit Only)
ASTM E736
$55.00
CONTACT INFORMATION
Headquarters: 2118 Rheem Drive • Pleasanton, CA 94588 • P 925.462.5151 • F 925.462,5183
Peninsula: One Embarcadero Center, Suite 535 • San Francisco, CA 94111 • P 415.334.4747 • F 415.438.2357
Oakland: 246 30th Street, Suite 101 • Oakland, CA 94601 • P 510.444.4747 • F 510.835.1825
San Jose: 2033 Gateway Place, #500 San Jose, CA 95110 • P 408.573.6992 • F 408.437.1201
Stockton: 343 East Main Street, #711 • Stockton, CA 95202 • P 209.507.7555 • F 209.507.7554
Sacramento: 4770 Duckhorn Drive • Sacramento, CA 95834 • P 916.419.4747 • F 916.419.4774
Las Vegas: 3842 E. Post Road • Las Vegas, NV 89120 • P 702.257.4747 • F 702.257.4718
flit fees sur )jed to Basis of Changes