4LEAF - Citywide Pavement Maintenance Construction Management (2019)AGREEMENT FOR SERVICES
Construction Management Services for the 2019 Citywide Pavement Maintenance Phase It
19-RFP-PW-422
This AGREEMENT made this February day of 4th, 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 2/4/2019 and will continue in effect through 6/30/2020
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 Agreeme
terminate this Agreement regardless of any other provision stated herein.
Initial
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 $150,998 ( including 10%)
contingency).
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 snake 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.
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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:
Name:en—eBarry
Title: Vice President
Social Security or Taxpayer t9l
Identification Number qq-,7373S-7'-1
CITY:
CITY OF GILROY
By:
Name: Gabriel A. Gonzalez
Title: Citv Administrator
A
Approved as toYeorV ATTEST.
City Attorney C.per
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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 Tricia Baxter , 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, Nirorn Than
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 SCHEDULE
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: Nirorn Than
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Gene Barry
4LEAF, Inc.
2126 Rheem Dr.
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
Section 1: General Scope of Services
To provide the City of Gilroy with Construction Management Services and execute the project and the
City's Standard Quality Assurance Program. 4LEAF's team shall function in support of City staff,
and with the personnel and practices established by the City while adding the expertise that 4LEAF can
offer. 4LEAF shall provide project coordination by performing project administration; monitoring and
reporting of project budget, schedule, progress, and issues; and managing the sub -consultant. The
aforementioned services include, but are not limited to, the following:
• Pre -Construction
o Review of design document (plans and specification).
o Permits checklist and review for conformance with local and state agencies.
o Value Engineering and Constructability Review
• Construction
o Budget and Payment Processing
■ Verification of pay quantities & review of pay requests
■ Review contractor billings, verify correctness and quantities, and provide
recommendation to the City
■ Provide independent backup information to support costs paid
• Quantity calculation sheets — each contract item each progress pay
estimate
Independent estimate for proposed contract change order amounts
o Materials
■ Materials testing as per specifications and in conformance with City of
Gilroy Quality Assurance Program
o Construction Documentation/ Inspections
■ Perform inspection services to monitor the contractor's work to ensure
compliance with plans and specifications
■ General inspection of daily work & conformance with project plans &
specifications I
■ Verification of any required contractor notification of construction work
and road closure notifications as required in the specifications
■ Be aware of and have contractor correct any unsafe conditions
■ Prepare, in consultation with City, field orders and change orders on city
forms
■ Inspection of detour and construction signing/public safety
■ Collection of certificates of compliance and weight/quantity certificates
■ Coordination with City departments, as applicable
■ Resolution of construction issues, in consultation with City and/or
contractor
■ Any other reasonable and customary construction management &
inspection functions necessary to fairly, efficiently, and safely see a
project to a successful completion, in conformance with the plans,
specifications
■ Monitor compliance with environmental mitigations, if any
■ Monitor compliance with storm water pollution prevention measures
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■ Perform pre -construction documentation of exiting site conditions and/or
verify that the contractor has done so (as called for in specifications)
■ Coordinate, track, approve or reject, and process submittals and shop
drawings
■ Issue field memos and CCO's; Assign and track change orders
■ Review change order requests and provide recommendation to the City
■ Log and track contractor RFIs
■ Conduct construction progress meetings and document meetings through
minutes
■ Attend meeting(s) with City to discuss/review construction management
issues
■ Coordinate special inspections, material testing and special testing
■ Prepare separate quantity sheets for each bid item
■ Closeout activities, including notice of completion, punch list, and final
payments, including preparation of any final change order to account of
the difference between bid quantities and final quantities as needed.
■ Administer Contract Time
• Utilize weekly statement of working days
• Address time in CCO's as project progresses
■ Checking to make sure slopes are in compliance with ADA requirements
(e.g., ADA access ramps, sidewalk cross -slopes, etc.), as well as other
ADA compliance issues
■ Have an organized file/record keeping system using the City provided
construction management software (Procore).
o Meeting and Communication
Schedule, attend, facilitate, and run pre -construction meeting, periodic
construction progress meetings
■ Resolution of citizen complaints related to the construction
■ Coordinate with the designer as necessary
■ Coordinate with the City of Gilroy
■ Coordination with adjacent landowners/business owners
o Plan Review
■ Review proposed design changes, if any
o EEO/Labor Compliance
■ Payrolls — certified by contractor, initialed by RE and Local Agency
■ Spot checked for hours and wage rates versus diaries
■ Make sure required poster posted in "Plain View" of works
Post -Construction
o Closeout activities, including notice of completion, punch list, and final payments,
including preparation of any final change order to account of the difference
between bid quantities and final quantities as needed.
o Final cost report
o Warranty certificate
o Prepare and submit project files (as -built, reports, and etc.)
All workers employed on this project must be paid the prevailing wage determined by the
Director of the Department of Industrial Relations.
Section 2: Detail Narrative for Scope of Services
PROJECTIMANAG-EmENiT APPROACH
If 41, EA F I., selected to provide t h e City wi th C PO s e rvi cc-, s-,, w e. wi [l b e an advocate on bQha If of the City
and represent the CJty5 best Interests. HOIng worked withi-nany public agencies, we no how to take
a proj&t from conception to completion. 4LEAFs tearyl will functiun as an extension of City staff,
se-amilessty integrating with the personnel and priictices established by the City while adding the-
ekp'ertise that 4LEAF an 'offer, We will pro'vide project coordination by performing project
administration; monitoring and reporting. of project budget, schedole, progreAs, and issue and
m anaging our qu bcontilt ant.
Pircgress Reports
We will submit a monthly Budget Anclysis Report with, our monthly invoice. These reports wfll be
updated nionthly, submitted to. the it 's designated Project Manager, and reviewed In a nion.th-ly
up da te m eeti ng� if n e ce ssaref , Th e fre q u e n-cy of report. I n g/m ee ti ng a ndr content of each report will he
discussad In detail with it 5taff follow' contract -[e tent of the repart is ot-Allned as
ing co vact award- Icon -fills
Original Budget Arnount
0 Percent Complete
a P¢ Exp endcad
& Percent of Project Cumpleted
Amount 1-twofted to Date
Remain [ng Budget to Date
Re rt i n P. nt Corn nie. its
Dates PerfairmitaA
We have learned that an essential component of our �o?_Fvice is the ability to engage in, cl lrect argil candid
dqscup sionsa Noone wants to be the 'buret of 'bad news " however; 4LEAF beljev, s that curr I s i�
and d-ata �5o that our client- can make ati, inforined dedsio.n.
Itantis to presentall[ informadn o
Project Files and Doc urnent Control
4LEAF will prepare a project documentation stern copale of recording, logging Storing and retrieving
information p-ertainingto technical,, fin _a, rlrCial, and -ad aspects of the project. We.understand
t h e OtVs preference. is to w, s 0 Prot -ore to ma. i� age project -documents. 4 LEA F's p rci p o s e d staff a re trainers
in the usa Proccvre and are- cuirrent[y using. Proccre in rile providing CM and Inspection SerVices for the
City Df Gilroy's First Street Waterline J Pr Oect,
CONSTRUCTION MANAGErAENTAPPROACH
4LEAF views public works improvements projects as having three distinct elen-itents.
Constract?"on, and Post-C-onstruction.
Pre-Constructllon Phase
During Pre -Construction, the -LEAF tearn will establish. immediate and routine contac.-t and
COWIMUnitatiOt! With IhQ PrOjOct's tearli ITICILIdirlp, thO City, t.hV_ Contractor,, utility Companies,, andiather
project sty keholders. We will take steps to ensure eachof these entities.
Review Project Documents
The first order of work for the LEAF- team will bo to understand the project scope 8n d site and revlew
the contract docurrientsr 11rIcluding flie construction drawings and sped f 1 catfon 5, a dry enda, cat estlmat�,
and qU-8I 5 614�slgn reports and studies, resource agency, permits, utility retocations plans, etc. 4LEAF
will gather available critical information, on projects Within a close, prox1rnity to this project to allow
coflaboration between theprpjecfttearnand allow each prof ectito meet its schedule white mlntalfling
lo u b I fe s- afe-ty wit h i n eta ch p ro,-j ect's I i m its.
Per fo.rMLPre- Construct'llon Project- Site Con4.1tion Inspection
Using di Oita I a tndl/o r VIP d-L-o cameras, th. e 4LEAF teem will record t h e exi q, 'I ri-S,co n d, It i on 5 0 f the, p ro, e d She
and are-a�s,) of new construction. before tht) contraittor starts voorl�, during con 5trucLion, and then again
at the compte-tion of construction activities, ThIls documentation will br-- � useful tool in ident4ing
andyeriI a s sg Ming owne- rs h ip of a n y,.d a rn a g e to exi sti ng faci I ities o n ce wo rk b egi n s.
Kick-off Meeting
Once we have reviewed all of tie contract docurn ents, we VAll meeet with th, -e City for a Pkk-off meeting
to discuss the schedul.8 and scope of the project. We wiIlt, discuss specific project requirements such as
pen -nits, document control, and appropirlate locations For staging areas With th ity for the project
Pre-c-onstruction-m Meoetfng
The 41-FAF team wil I condint. a pre- coin st ruidl on corif ere nce with. the p ro team includin Cit.1 st a ff,
the con tractor and suo tit rabc td- other interested parti,es, Some of the -topics to be d[scussed, at
Itors J Ili ii
the pre -construction conference will include-:
M
P e rfa r iv i n g 1ntrod u cti o 11 .5 arI d 'Id e n t-I fy 1,11.g ro I os/ries p o n A bi 1 it [es
Discussing lines of communication. and auth,ority for City's, contract -ors, and consuit ionV's
personnel.
identifying the, st.atus of notifications rnade to underground utilities a d pr toc is -f- Ir subm, ii, tt 11 I g notices to Underground Service Alert (I)SA)i
Coo rd i ri ali o n wit,11 ether- p rol eM s II, n de r co ri st r u cl. i on w!thin till, e area;
Est a b I i sh a co I I a b o rat iv8 role of e, ve ry worker on -site as to ni a f n talr* n i n g t h e public's sa f et Y
identifying runsructionph acing, sch edu.ling and gtiaglng information. includ in, where contractor
may stage ecltilpment and materials during the project,
DlI ,sing material inspet 'oil require-ments and coordinati
g �tl. Ion.
Discussing cooperation, with the publ4c, minimizing public
trafic delays, allowable work hours and procedures tar public
work notices and any signage that will need to be Installed
along the project route.
D 1 scu s f: I n g, con st ru dt I on st a k,. i n g -a n d traffi c h an d I i n 8,
D [scuss! ng the co ntra r-tor's, Ba-s-e li n e Sch edu le-
iscussing re aLllred contractor submittals.
Discqssing procedures, for submitting and approving co tractor pay requests and witicipatted
dates payrequests are -typically paid by the City,
Distussing prcicv�s for submittlag reqLI-O:5t,5 for informallan (RF1s), cha nge orders, subtinittals, etc.
Dlscossirig mobilization and any additiorial Issues that need to be resolved before work,
com nierices.
Construction Phase
The 4LEAF team will p,erformo�fl-sltle inspections to 612Ck the quality a n-d citiantity of the work, perforn-ted
by all trades and guard the City -agalhst defectsand deficiendes, in the work by the cointract'Dr. A's
nece�.sary, the 4L-EAF team will In5.p.ec-f construction means, methods, techr14ques and sequences to
evaluate the contractor`s corriplilance with the Intent of theL cGnstruct-fon dorunents and re -commend
necessary remedlal aclian tothe contractor as req ul red,
Progres,s M- I eeflng,s
4LEAP's team bill coordinate, prepare -ageiindase for I cfiaiir, and providre. minutes for ill meetings including
the %A)eekly progress—meetier gs, periodic meetings with the City, as well as any addifibnal stakeholder
me tings- th at may be n ec8ssa ry to successfL, i I ly corn p I et e the p roj e rJ-
The, weekly progress meeting %1111 be usf:!d to reviOw the contractor's 3-week took ahead schedule
P-0ghl[glifing critic project activities, operations and necessary coordination), open issues sl-atus of
-5-u W itt a. I-s a n d r)pen R F is, d -efic[ant work "I' W P P P oncerris, and. safety concerns,
Rev*!ew Contract -Dr Submittals
The pontractor willb,,e required to prepare. detailed submittal iterns [pha-,ged traffi-cr on. trol Ins" baseline
schedule SWPPP, etc prior to the start of constrvc tI iinn. Assuming the City utilizes Pi ocore as thee
Projxectjs DacurmentCdntrol system, 41-1EAFwRl utilize Procoretogenerate- thesubmittal log anti perform
a tvely', thoraugh re -view of all subm.'ItU15 as they are Submitted by the con'trzactor prior 'to either
approving the submittal for useion, the project or p6orto forwarding -them on to the destgaerof record
for their review and approval. If a submittal ne-eds to be reviewed and apprmfed, by the dew igri.er of
record, our review prior to forwarding it to the designer of record rill Iqrovide a 'son ity check," Of the
submittal before the designer' spends time reviewing th,e SUbmittaJi. This will s-t-rean.-line I the submittal
process far a I I p a r-t! e 5, p rev e riti n g the d es! g n e r of reca rd fro r n, w ast I n g.their 10 me- rev I e w I ng -a Su brn itta I
trot may n 6-t rno'-ot contract req u i r-mart -q4 The cu b ni itta I Ion wall b e Tra cke d, a n d statu sWi 11 Uh U Pd at ead
at each kne e kl y progress m e ed n g with "Ba II icy Cc u a I? statuis in dicating whose @ctlon Is requ !red to move
the subi-nitta I p 'rocess @16 ga n- - s eff i(Jently as possible, The' -se p rocedures w. III be fo- 110' W- e d for the. requ e-st
for [rrformatl n (R.Ff) pro,cess as well.
ConstructionlM, anagement, Flab; $-nspectllon, arid: unlit Assurance
.4L',EAF'-s on -site staff wi I I observe and t-Tion itar the progress of fhe work in accordance wit' the plans,
h
soe,dlflic-,,itions, and contract documents and in alignment with the construction schedule, Prog
ress
photor, will be taken, and daily I risp�ection reports �vlll be prepared using the report format required or
a d-aily reports will inibut wi[l ncyt be 11 requested. by the City. 'rhe information on ih C Mited to;
weather, shifft hou.T5,, traffics atral that are in place (botb vehicular and pedestrlan�, SWPPP erosion
control nitz-s"Lire cond[tkbins, �voirlk activitles, labor and e Li ipm hours,
eat hrs, work complete, qua rft-a n ities, d
q
other related informatIon and discusslonc,.
4L.EAF's Part -Time Construction MaTiager will complete Wee IV Statement of Working Days (WSWD)
reports each week pro vid I nb a sn a pfhot of the project progress including contract time elapsed, weather
conditions, worRing and hon-workirig days counted for the we-ek, time extensfor s, computation of
current Estimated Coi-nplefion Date !(,E.CD_), and controlling operations progress, made for the, week, As
controlling operations are performed, 4-LEAF's Construction Inspector will, collect certificates ®rf
compliance, AC weight tags, and bills -of lading fir matt3rials delivered to the silte. Our Construction
I nspectorwif I I then compare the -se docurnents to tfia a ppr6vedsubmittals before a 0 I I Owing the mater" a Is 1
to be used o-n the project. Although the 4EAF team �uou'ld not be contracted to be the project safety
office%fS, Wd Would rnakca the contractor aware of any unsafe- co-nd I Non Oat we noVice on the S[tLtJ
t h ro ug oulth el ife.- of the p roil ec-t.
4LEAF wi-11 do a thorough review of th e- tontriactore s rnonthJy proZress payrnentrequests to ensure the
City is� only rn akIng payments for work opleted each ont.h. The, n-ionthly rni�!aisurernents and
' cmm
calculations will come frorwthuantit-les rneasurL6,d and reported on the Inspector daily reports. Be -fore
the start of construdion, ALEAF and The contra ctor will devellolp a procedure th of i"S acceptable to the
it fm r so bm itti n g arid. reviewl n g. m or ly p ragre ss pa ym enU and thee fi n all p a yrn ent. We gill ravie w t h e
contradAor's schedule of values for bid items an d segregate them into a form Opat 15 acceptable to the
City ior relm-bursenient. The 4LEAFtearn wild: re -vie t e cantractor's payment requests and will compare
Sherrito the quantitiescalicuNted and me ared on the Qua�tity Data Shaetsff payrnent for mater-lals
su
Mll I Wir[.11 t h -e-
on hand is allowed in this contract, we verify the rnaterlais on the fob site, or or
c Mractor for $O.Li rye verification at the timie of the payrn ent request.
on
Aftr-ir 4LFAF and the contractor agree on the monthly progress payrne-nt amount, 4-LEAFs Nart=Tirnez
Construction anager will prepare the final progress payment request uqfng the form and Procedure
previou'sly approved by th-U. City (showing wark completed eath rnont.h, work cornpleted to date"
-pe;rce-ntage,c-ompletefcireach itern, and any applicable dedUctionsto the net payment) forappro.�-�al and
e xt -1-cution., by the City, Additionally, 4LEF will provide a pr ect p rogress sum, m a i-y in th e rnonthlyst at us
repo rt., This s u rn rn a ry will ifinc I ud e- leer ce, n t of b A get spe nt a rid p el rce nt of work! n g days. used„
Public Outreach
Alth-QLfgh pLibl:'Ic works. irnprovement projects Id ill encounter standard c-anstructiou issues, our
�e,y,pefl,',ence and knowledge fhow to address these typ�s of issues places those in th4:-3 manageable
category aad are inti,etrerat to the'oh. Completiiigt�tieron-struction pro es. lore. is riot enough to dIeViver
c 5a
a successful pro],ect, During con.-structi,on, the prOjeCt MU -St rninimize the Impact to the COMMLInit?V' in-i
order to gain thisIr trust in rkieetingth((, C-Ity's cornmitnient to thern. With our experience managin, the
e
construction of these types of pr 01 Jects, we widerstcand thm e need to comunicate effectively with the
public, keRT their informed of planned activities and, when schodruiles change, and ad'dress their concerns
in a timely manner. Public forurns and other advanced not-c-es are a gre-M startfor the communlity at
1;irge; howover, ance construction begins it becomes rflore of an indlividual effort -as the residents will! he
ni,oreconcerned with the direct impact to thi�rn as opposed to the C-ornunity In general.
Beside's the initial site visil and providing them With contact ini'04(irmation, followvisits are 'in order -
once the contractors 3-week look -ahead 5chedulie is provided, and we now the exact dates of'when
work will directly inipact their location. IndividLiall businesses and residences need -to knwv when they
wi.11 be directly impacted an.d that we will listien to their concerns and also that access to thcafr business
or rpmdente will be rna-intained., traffic con,trois will be monitored and maintr9ined thrOL19110L-lt the
projectO construt-lion noise will be niinirnized to the extent possible and only allowed during approv'ed
hours, access to parki rig will be maintained perthe project' s r8quiremf�nU, etc., Th-ey need to kno%?,#,- we
care about their- concerns an-d will do whatever possible tonninirnize the impact.
Traffic Control
Public -streets typically experience vehitular and pedestrian traffic, Traffi.,C
control 15 a I(ey issue in maintaining safe condlluicn:5 on any pub ric warks
improvement project --and Peeping positive relations with the public. The
4LEAr team will coardin:ate with the -bustness and property owners al,ong
the project route as well as the contactor- so that businesses and
residence� -are notified in 6dvance When any work in their locatip n are
schedtfled. Our staff w] I I not only provide sufficient notificati-on to
busihesses and property owners of uptomith-f work and the work hours
9
but will all's-ol -ensurQ the contractor performs, the work whan sschedwled, The 4LEAF team will
conlifluoUsly m!Dnitor th-L, cantriOCWK-s traffic control rneasures. andensu-re the-,}/ are its place before the
st a rt of c ach work day, n-ia i-,nta i n ed t h ra u-,gh o �,t t the work day, a, n d in place at the er, n d of each wo rl< dil ay
T-1his will include ensuring the contri--acbar provides all the required natification signiage and the
appropriate num. ber af flagnmen, lesperially -for work requi,r ing lanie Closure,� and road closures, [f
ne-cess-ary..
Quality Assurance MaterlfalsTes.tin
g
4LEAF will cooF dinat a-nd;,-,c:fiR-dL1Ie- SP�C!121 inspect"cioni and materialstesting with our team firrn, CTS, for
rri,aterims testing and spe.6-al inspections, These. inspection will be, conducted per Caltran!s Sitandard
Specifications and additional project spacific qualky assurance requirernents- 4LEAF will receiVe
docurn,etit ation for all tests, mcluding retests, mi-d obuir
I ve and documerit the testfng-: We will natify the
convactor imunedlately of any non-cornpliant test. rosults, and m—a-int.,adin; test eports and logs of any
verficatibi tests p e rfo ri-n eld
Schedule Managem. ent
The 4LEAF tee ni will perforn-k a detailed revi w of the c-ontraeltor';s
b-asellne s-chedule to ensure.all the- control'! ing., Ope-rat-lon"s durations,
cr i til ca 1, path, a n-d o. Td e r of wo rk follow a I aig [ca I s eq ti en ce- to tine p roj ect
com,plttiam We will thin r�rjinftor the contracts ors, priagres5
througbout the project and coni-pare it to their baseline sly -edu1pi so
we- ra.n iderritify any deviatio-tir, of the contract corri pleflo n date as soon
I c -nmractora e m
mplti etodevekipiq 8s po�sible,therefare, givingthe o, A
present their plan on gettingthe project baf k
on schedule.
In or -der to accomplish task's
S in the tim, e fr@me allotted and tO fUrhscu ter anre the succf�ss of the project,
we will do the following to provide good scheduie maniagenient througbout the project-
9 We will consistently review and i-Tionitorthe project schedule to ensure the contractor is updail
theschedule frequently and providing 3-week look -ahead -schedules. We Will 1!-eqLJGSt Updat-eS aS
appropniate, and track delay-, or acceleratlon,.5 based on actual contractor operations.
a W6 will continually a,-qess criftal pro jOsct ftvnis to assist in cletern-ii in inn the best use of schedule
float in the contractors' critical, path vne-thed (CPM). schedules to avoid down time_
wewd I co.ord.inate regularly with the -City regarding. all construction activities and impacts to, the
baseline and 3-week look.;ahead. schedules.
We will recorntnend introducIng various phasing eptions to deal with potential worst -caw
ri in scheduhn r-
I g for the, projiect, sud acl con urrent project d�eiay5, inclerrient weathl'ir
delwyset
w
I'W t pro resses; for exaMple, what if we accels e o-will'ItirJude' hat -172 rat
a portion -of construction- how would that affectthe overall COM,
If schedule sl'i'' page occurs we witl inirnedlately niieet with the contractor to disci wa 5 in -which to
P Y
acce[erate other portions. of work. Another way to acoorrirnodaite slippa In'th s h0i
ge ' C du[e is to re-
seqkierlice work lhorder to rnake up f6r last ti 'Me.
Cost management
The,4LEAF team will prov[de as -needed cost accounting records, budget reviews compari
of. actual
end P - Ib.jinaed exg-enditures' for -recast of future exp e rq, dr it and al 0 nth, [y s u OTg i;in a ri-y re po ft,
Progress payments from, the contractor will be reviewedverified, a-nd pro cesSedwith recommendations
for- act i nL n. Payment re q u e sts , wh i t h must -be 'etu rh e
r __ , d, to the cOntractor, wilil returned wits written
explanation of any defidendes in the payment request. Other- firforicial controls- .4UAF will provide,
include thefollowing:
W@ will revilew the project budgeat continualty, -perforrning"what if' scenaribsto b tt r manage
costs and- cashr flow as the project moves fiarward.
We will establish, implement and maintain cost monitorin g a, n: d control p ror. edu r e,
WP will carefully d-Gcume-nt a III Infbrmation related to manpower, eq, uIpment, and time for ey-va
o r fa rce a cco u. ri t wo. rk.
Contract Modificat.rions, Extra Work, Change Orders, and Clah_ns
4LEAF will meet with tho City to discuss u. is hange order
i ' tHrung any ex t ' 'g City c
t ra (,-- le i n g s yitem s that are c u rrently i ill pI are a,.s w e I I ti s Sugg est protocols far use I -qt& A , �fu�A_40
on the, project. 4LEAF wil I proAde th e City with assurance that the contractor
is not presenfing reque-sts for cha,erders that are alre,ady iriclud in te t_
original scope of the contract. Our Part-Tiryip_ Constructio M wi n a ri i3 ge r i, I I m eet
face-to-fiace with the cotitractor's representative to Other more ifformatiun
inn tho ru.4torp of thp potenVal change ni-der. f1fite n, ft en, a c o Ti t r a r. t o r Q. 111 v ifia C.,
ageneria I knowledge OF the plans -emd- specifications and an item they feel h a,
change order rnaV indeedbe part of the plans atInd specifications t' attfi-eywere
Olot aware of, We will en�vure. all poterktilial change s and extra vvoirk reqUes;ts Lo the contract have bpaen
revla,,wed and evaluated for costand. t! - i
irnpacts, all d- Properly justify a, resporiFe to, the contractor,
4LEAF"s Fart -Tire e Con -,-,t ruct [on IV � n agerwil [revi ew re'-quest5'for change i--?rd.ers,and extra wort requests
from the contractor 'for contractual and technical merit and prepare independent cost estimates and
schedvle anaiyis. fur proposed work. If'directed by the Chy, 4LEAF can negotiate change orders on
behalf of the City andprepar-L, all reqUired doafl-llents for execwtion by tile City and the contractor
4LFAF'q Pat,01rne Construktion Man,ager will keep the pity informed of the cumulatfve cost and tinge
irn pacts to they contract through a CCO log that will lay updated upon execution of each change order.
41-FAF will take no ac-ttonvvit-hoot the review and approval of the City -
We pride ourselives on maintaining positive working relationships with the contractors that we -0 - rk
w
with, resuffinS In a.4dressing most 1,5,sue5 early enough to avoid p9teritial idaims, There wIll, ble times,
ho we, ver, that MUtUal agreement's an issue resolution cannot be alchieved, At that poirnt the -contractor
rTlay JSS ire @ I)jotice of Potential Claim, If we becorine aware of a pot entialL clalm, 41LEAF will requilre the.
rzontra.d.or to su, -b-nilt documentation sopparting the claimed play (inchiding, a tinie4nnpacl an4lysis).
The 4LEAF team will compiorete controctor's initiat ba-seline s-chedulp., revised schedule. -5,- actual tirne of
I -sz work:aCtIrVity, the coritradaros. operational efficiencles, and the in iiectoes daiil
l reports to determine
the source and contractual responSib I I lty fnTr all delay clalnas, If the analysts r-exults In a res.olutibn that
favors 'Ehe contractor's stanr-e on the is�uet a CCO wt,11111 be recarnmende, d. If this action does not
adequateIy resolve tyro. potential tlaim, 4LEAP' s P@rt-T-ime Coastruction M anag will generate- and
com-plie all backu:p data, copies of re -ports and correspoadence that pertal:n to the Notice of Potential
Claim on the issue. We will include this backup data in a claim seit-flernent report package ID C JrP the
contractor goes throu& a claim on the unresolved issue. All such packages will be for -warded to the, City
w
Jtt cover 5� i any � A Ilog of Niaticec.. of letter with. the facts as 4LEAF sees them and recommend aaction f
Poteritial Claims Mill be prepared and updated I for discus ' sion at regular City imeetings and/Or weekly
progress meetings, We will ojork with the contractor on every -unresolved issue. throughout the 'r of
-the project woth the goal of Corning to a mutually agreeable re. s.olation with the controctor prior to It
escallating to h4gher tevels of mi-ainagement.
lest- Construftion Phastz
The post-constractillon and contract lose ;it phase corpsists of three distinct close-out element -a. physical
closeout, document clospaut, and fi-scal closeout.
Phy_54'eal eloseaut consists of a series of inspections performed to docu ment: that the work is complete
to One of two levels: (1) -Substantlat Completion — wi hein work, or a dosgnated,pordQn of the work, is
sufficiently complete that the client or the public may, Utilize itr or (2) Final, Core ple-tion � ac ceptance by
the clWnt that the pro eut is complete d in full. Applicable, certificates will be ln,ved a ft each: stage of
Completion, and p. unch list-s, will be updated 6uring eaich inspection.
DocLzment claseaut is the processs-of assembling and transferrihg the required contract fle.5 from 4LEAF
'to the City when the contract is compl[&C-, DOCUMents typically inclucle project correspondence, than
A orders, chainge noflce�s, RFI!&, submittals, Find claims. 4LEAF' s Inspedor will compare the contractorrs
0 and will submit drawlngs to the de gmerb
as-bullt�q` to 111.9, as-builts I L
Fiscal closeout includes the review of contract administration �S;Ubmfttal log, RH log, pumb lists, etc.),
aCCOUnting, and financial fu rtlon,� -to confirm they are coord-inated with physical icloseout functions to
emirs lhat no outstandfrigfinancial U."ability is present after the oriel payrnents / retentions are mode to
flivs-tOntractor,
Section 3: Additional Services
The need for additional type services may be required during the term of the contract. The
interested consultant shall submit a fee schedule for key staff and equipment which may be
directly involved in the works outside of the scope of services above. This fee schedule shall be
on an hourly basis.
Consultant shall not be entitled to compensation for any Extra Work unless the City authorizes,
in writing, the performance of such Extra Work prior to the performance of the work. The City
shall not authorize payment for work completed until all works has been completed and the
deliverable has been submitted.
The City may direct by written Change Order or Field Directive that the work be done on a force
account basis. The term "force account" shall be understood to mean that payment for the work
will be done on a time and expense basis, that is, on an accounting of the consultant's forces,
materials, equipment and other items of cost as required and used to do the work. For the work
performed, payment will be made for the documented actual cost of the following:
a) Direct labor cost for workers, who are directly assigned to the force account work: Direct
labor cost is the actual payroll cost, including wages, fringe benefits as established by
negotiated labor agreements or state prevailing wages, workers' compensation and labor
insurance, and labor taxes as established by law. No other fixed labor burdens will be
considered, unless approved in writing by the City.
b) Material delivered and used on the designated work, including sales tax, if paid for by the
consultant or its sub -consultant.
c) Equipment rental, including necessary transportation for items having a value in excess
of One Thousand Dollars ($1,000.00).
To the preceding costs, there shall be added the following fees for the Contractor, subcontractor,
or sub -subcontractor actually performing the work:
■ A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above.
■ For work performed by an approved sub -consultant, the consultant may add to the total of
the actual costs and fixed fees allowed under the preceding paragraph an additional fixed
fee of ten (10) percent of said total. No further compensation will be allowed for the
Contractor's administration of the work performed by the subcontractor.
The Consultant shall maintain its records in such a manner as to provide a clear distinction
between the direct costs of work paid for on a force account basis and the costs of other
operations.
To receive partial payments and final payment for force account work, the Contractor shall
submit, in a manner approved by the City, detailed and complete documented verification of the
consultant's and any of its pertinent Change Order or Field Order. Such costs shall be submitted
within thirty (30) days after said work has been performed. No payments will be made for work
billed and submitted to the City after the thirty (30) day period has expired.
MILESTONE SCHEDULE
- Notice to Proceed
- Project Kick-off Meeting
- Preconstruction Phase
- Construction Document Review and Comments
- Construction Bid Advertisement
- Bid Opening and Review
- Construction Notice of Award and Contract Execution
- Construction Phase
- Preconstruction Meeting
- Monthly Progress Report
- Post Construction Phase
- Substantial Completion
- Punch lists
- Document Closeout
- Fiscal Closeout
4835-2267-0361v1
LAC104706083
Section 1: Contract Works
EXHIBIT "D"
PAYMENT SCHEDULE
C
L
Sub
M
4 B
Task Task
Task Description
ri
8 �
doS ::!1
Hourly Rate
$155
$'I.S() I
I
144 194 $9
I I I
lPreconstruction Phase
] Hours
I Hours I
HOUrs � Hour5
1a
Attend Teleconference KlckoflF Meeting volCllent.
1 2
2
20
1b
Perform Pre -Construction Project Site Condition inspection,
� 0
8
-9
� 0
1c
Perform Value Analysis of 100% Plans and Specifications.
8
1 ..
,. n.32 0
id
Prepare fQr_and Attend Pre -Construction Meeting.
24
16 0
1e
Review Contractor Submittals.
I 0
2.0 I
16 a
i If
Project Management.
i 4
0
0 0
Fisk 1 Subtertak 18
70 I
74 10
06
il-
r v° Notes
See. Notes ]a), ]b), & (c),
Hours
I I
$898 i I
16
1
$2,352
56 ]
$8,248 See Note ( ),
44 )
E524
1
36
$5,304
4 i
$620
162
23,6 j 1
i
Construction Phase
Hours[ Hours! Hours
Hours
Hcursl
1 2a 1 Perform Construction Management,
0 72 1 0
0
72 1
$10,800
See Note Vie). �
2b Perform Construction Inmection. I
0 1 0 1 360
45
405 1
$60,588
See Note (e).
I
I
Perform Materials Testing and Special inspection Services
2C
$20,071
t
�C 1� 3),
See Note (f).
1 2d 15ubc+o.nsultant Mark-up (10%),
$2,GO7
#� 1 2a Project Management, (
.9 1 {) E {�
9�..>�
$1,395
See Note (ga)•
.�
I 1 Task 2t Subtotal., �
9 1 72 I 60
...0 ..
' —
486
$94,861
...,.- -
I -
_ _ _....._.
3 I Post Construction Phase
Hoursi Hor<Irs( Hours
Hours
Hrrursi
I
6 3a Final Inspections and Provide iced -Lined Set of Plans to Client,
0 0 � 40
0
40 �
$5,760
ISee Note (h).
13b j Construction Management - Project Closeout,
0 24 0
24
$3,600
1See Note (i),
13c
Project management
1
;�6 I �1 1 0
�
16
$1,480
1
Fisk 3 Subtotal., I
16 24 j 40
0
Aso
$11,840
-----. TOTAL ��>wa� arid��: (
43 I 166 1 474 ---
-�F�a
�2� I
�.a �t�ii
.....
I 4 i Public Works Inspection Alpprentlresh�ef • ire a±reef) .... I
Hoursl Hours! _ Flours]
Hours; Hours,,Hours!
I
4a !Provide Public Works lnspe .r
C
I
24
$6,6
See Notes ]aJ and R).
I I
Fisk 4 SufoQnlyji
0 0 0
C 72 -�
72 I
6,624
TOTAL, (41E.AF + Apprentice if required)
43 � 166 474.
45 � 72 �
800
137,271
Notes:
(a) Assumes project will require compliance with California Prevailing Wage rate requirements under 5b854,
and the Client Will be required to file a PWC-100 Form
to the California
Department of Industrial Relations for tile
project,
(b) Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Farm
will be filed by the City to the
CA DIR, 4LEAF is required
to notify an atitharized Apprenticeship Comm-Ti :tee through
submittal of a DAS-140 form, We are then required to make an official request to an authorized Apprenticeship
committee for an apprentice by submitting a OAS-142 form, We are not assured the apprenticeship committee
will be able to provide a suitable / qualified apprentice for the project, Per the apprenticeship requirements,
the Flours worked by the apprentice
must be in a ratio
of 1:5 for apprentice to journeyman hours. Hours are
included as a placeholder in the event that an apprenticeship for a public works Inspector Is required and dispatched
by the apprenticeship committee. We have assumed the
public works
apprentice assigned to the project
will be classified as a Period 3 Apprentice as defined bythe DIR's Wage Determination dated 8/17, In the event
that a higher classification
apprentice is assigned
to the project,
we will contact the City to request a change
order for this line item,
ic) 4LEAF Staff will be supplied with typical tools of the trade to perform their daily tasks (e.g, cell phone, laptop computer, and PPE).
Id) Per the Request for Proposal (RFP), 4LEAF will perform a Value Engineering analysis of 100% project plans and specifications.
(a) Per the RFP, NTP is scheduled for February 2D, 2019. Assumes Pre -Construction Phase begins March 4, 2019, and Construction Phase begins March 18, 2019. Per the RFP, duration of construction phase Is 45 working days
(3 weeks). it is assumed that 4LEAP's Part-time Construction Manager will work 8 hours per week for 9 weeks perfarrning CM dutlris. Assumes construction Inspector will work 45 working days at R hours per day at regular -
time rate and 1 hour per day at overtime rate to allow far inspection and confirmation of contractor setting up and taking down traffic control per specifications. Dues not include any allowance for nighttime, weekend, or
holiday work. If nighttime, weekend, or holiday work Is required, the requirements for these hours will be billed in accortlance with California Prevailing Wage Law. if construction duration extends past 45 working days,
4LE.AF will submit a budget amendment request and hours will be billed In accordance with 41_FAF's 2019 Standard Fee Schedule,
(f) See detailed cost estimate provided by CT5.
(g) Assumes 3 hrIv.eek for 9 weeks for Project rvlanaoyr to Coordinate with 4LEAF Construction Manager and City's Project hAanager,
(h) Assumes Construction Inspector will perform final Inspections for 5 working days at 8 hours per day during Post Constructions Phase.
(i) Assumes Construction Manager will perform project clase€sut activities for 3 working days at 8 hours per day during Pest Construction Phase.
CONSTRUCTION
TESTING SERVICES PRELIMINARY EVIMATE: INSPEnDNS 0 TEUNS
DATE; 1211711E
PROPOSAL No-, P) i485
CUENT: 4LEAF, INC
PROJECT: ry IS C I TYW I Dr. PAvq-.,.Nfr-.trr MAINITENTANCE PROJECT 08PW-25q)
LOCATION. GILR01% CA
ESTINLkTED
EsTMIATED
-UNIT
_ESTimxrED
ONSITE TESTING 4 lNs5PZCnOXN S
]JOURS
PRICE
TOTAL
CON,CRETE, SANfill-INIG -
p
4
$150
S11200
EARTHWORK AND ASPHAL.TCONKPAMON
ISITE- CONIPACTION
$150
$600
113ASMOCK CUMPACTION
1
4
5150
5600
JASPHALT CO.WACTION
8
$150
$2,400
ICRACK SEALSANDL NIG
it
v 5b
$600
I M ICROSURYAC INO SANIPUN G
I l
-4
S150
$600
IPORTAL TO PORTAL TRAVEL TBIE FOR i1ICLEANf GAUGE USE
6
3
$150
6
122
$0.5i
$403
ITEMI it
rSTIA-LATED
UNIT
ESTIMATED
UNYl'$fli0UR5
PRICE
T
C 0 N C R E 1-6 C OINV P R ES S I V E S T T EN G3 T H
S35
$350
IcAt,TRmqs wET DEN-srry (CT216)
2
.
$2 . 0 . 0
S400
IA.SPI.TtNI,T,N,IA-,,.TlTr-,ORF-TIC.Al-SPEr-rFJCGRA'�rWY
$250
SSW
C.Et-ACR SEAL TESUNG (PERFORMED BY APART)
CONE PENEIRATION (A.STm D53 29)
j i
sloz
$102
RESILIENCE(ASTMD5329)
SOFTENING POLNT (Agll NI D3 6)
1
I$12D
DUCTLLITY (A S,rm D 113)
$126
$126
FLEXIBILITY (AST-M D3 I 111
5126.
$ J. 2f)
FLOW (ASTM D53 29)
i t
suz
5126
1311001,'TE D VISCOSITY (A6Tfvf DS329)
I
Sias
$108
BrTUILYIEN, CONTENT (ASVvITA)
t
TLNSLLEAD-1-M SION (ASTNM5329)
slos
s
IPOLYN;[ER NIOD IFIED MICROSURFACIING FARfUl ON, MSE (PERFORMED BY AVAItlj
ISAYBOLTFUROL VISCOSITY (Ts=])
I
Smvii TFS-r (Tad?)
1.
U4
$84
SETTLEMENT (D244)
I
S 174
$174
ISTORAGE 1,5TABir rry (T:59)
I
. $1 L 71.
$174
IRPSWIfFEE BY FTVAPORATTON (CT33 I 1
2
5102 f
$204
PEREIRATION (T49)
2
$78 f
$156
SOFTF- NrNG PO INT (:FSI)
I
512o
5120
TORSIONAL RECOVERY (CT32)
1
$186
SiR6
IPOLYMER, CONTENT IN RESIDUE, (C-IAD 1)
1
$180
CRUNID RUBBER TESTING (PERFOR.?'.AED BY APART)
ISIEVE ANALYSIS (ASTM DISH Olt ASTMDC-136
)
w, I
$84
Ispuciric ppumm-Y(ASTU D.1 8 171
_B
$114
$114
CARB'ON I A-_C_ cHL0__R O-FORM E.X'TRACT, lump, (AS-,rmDWq7.j...
$120 1
$120
jr,41CROSURFAC(NO (ISSA Tfi 106)
I CONSISTENCY TEST (ISSA TB 106)
$96 I
$96
jWETTV,.kCK_kBRASlON', (ISSATT3100)
I
$186
VB6
AGGREGATE
SIEVE AX.A.LYSIS. Ff.NE PLUS WASH (CT202)
3
pw
$600
'qANI-
I YX)UIVALENU (Cl-217)
3
$200 1
$600
FINE DUTLABILTTY INMEX (CT 229)
3
SM j
$750
IV, Or CRUillED PARTTCU-N, (CT-40)
I
121,I
Irmm m, IPPING
1
$100.
sloo
I W�"TNIFSS IVALUT, 7)
I 1
11AABRASTON (CT21 1)
2
$2w
3400
Sk\,(IjLE PICK-UPS
51
$2(1 I
sixg
FINAL tXTTFF
I
5345
53-15
JCEKTIFTED PAYROLL
1
$163 I
5163
4-Digh;eering (approm) I
$9,744
Section 2: Additional Works
CiTy oiF GiLRoy
CM SERVICES FOR 2019 CITYWIDE PAVEMENT MAINTENANCE
PHASE 11 NO. 19-RFP-PWA22
Project Management Services*
Principal -in -Charge $185 per hour
Project Manager $155 per hour
Construction Management / inspection Services*
Construction Manager
Public Works Inspector (Regular Time)
Public Works Inspector (Overtime)
Public Works Inspector Apprentice
$ 150 per hour
$ 144 per hour
$ 194 per hour
$ 9204 - $138.04 per hour
*All Fees Subject to Basis of Charges. Rates shown are for January 1, 2018 through December 31.,,2019 and are
subject to an Annual Escalation of 3% starting on January 1,, 2020.
A.
.04
N
D.
E.
E
G.
H,
J.
K.
Rates shown assume projects under this contract will require compliance with California Prevailing Wage rate requirements
and assumes the City may be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for some of the
projects under the contract,
Rates for prevailing wage categories are subject to annual escalations in accordance with the hi -annual wage determinations
from the California DIR. Rates based on California DIR's wage determinations dated August 2018.
Per the new requirements being enforced Linder SB 854 and because it is assumed that a P1,+11C-100 Form will be filed by the
City to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of
a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Commit -tee for an
apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable
/ qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a
ratio of 1,5 for apprentice to journeyman hours. 41.EAF will not know the labor classification of the Public Works Apprentice
until an Apprentice Is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR's Wage
determination for Building Construction Inspector issued August 2018 were used to determine the range of Calendar Year
2018 hourly rates for Public Works Inspector Apprentice.
All invoicing will be submitted monthly.
Overtime and Premium time will be charged as follows:
- Night Time (work begun after 4 PM or before 5 AM) 1.125 x hourly rote
- Overtime (over 8 hour M-F or Saturdays) 1.35 x hourly rate
- Over (over 8 hours Sat or 1-sr 8 hour Sun) 2 x hourly rate
- Overtime (over 8 hours Sun or Holidays) 2,5 x hourly rate
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 fees as described in Appendix B Section 3: Additional Services
Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.
Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts.
Client agrees that 4LEAFs liablilty will be limited to the value of services provided,
Su bconsu Ita nt work is subject to 10% mark-up.
L. All cost shown above include travel time to the project site and all other subsistence. No cost shall be
borne by the City without prior notification or approval in written format.
CONSTRUCTION
I TESTING SERVICES
2018 FEE SCHEDULE - P15485 12117118
PERSONNEL FEES AND BASIS OF CHARGES
INSPECTIONS, ENGINEERING & SPECIAL SERVICES
FIELD INSPECTION AND LABORATORY SERVICE
Steel
Nondestructive - LIT, MT, PT
Steel VisuallUT Combination
Concrete ACI
Concrete ]CC
Masonry
Fireproofing
Soil Technician wiNucl ear Gauge andtor Sand Gone (portal a-porta))
Asphalt Technician (poitako-podal)
Shoring/Soldier Plan
Roofing & Waterproofing
Multi -Disciplined Inspector
Inspector Requiring 01 Pay Grade
Specialty Inspector or VIhere Formal Certificatlon is Required
Field Inspector with Special Enhancement
Laboratory Technician
Tecbn1clan Typist:
**PROFESSIONAL ENGINEERING SERVICES
Principal Engineer {Cfvll/Structural)
Geate0flical Engineer
Consulting Engineer (Civil/Structural)
A,-zsoclate Engineer, Licensed
Project Manager
Staff Engineer
Field Supervision
ASNT Level flt
Drafting
Quality Control Manager
SPECIAL,SERVICES,
Portable and Mobile Laboratories, NOT and Soils
Epoxy SoltlExpanslon Anchor- Installation Observation
Epoxy BoltlExpansion Anchor Proof Load Testing (portal-to-porfall
Coring, I Person (including equipment) (portal -to -(aortal)
Coring, 2 Per -sons (including equipment) (portal-to-portal)
Asphalt Coring (portal-to-poilaq
Project Research
Ultrasonic, Testing for Nett Metallic Materials
Pavement Rehabilitation Analysis Using Dellections
Roof Moisture Surrey
Soil Drilling Equipment
Geolechnicall Site lnvu�stlgations/Foundation Reports
Peahometer, Schmidt Hammer, Windsor Probe, Skidmore - Equipment Fee $1150ay (portako-portal)
Floor Flatness Testing FFIFL - Equipment Fee $115tDay (portal-to-portal)
Measuring Moisture Vapor Emission Rate {Calcium Chloride) - $55]Kit (portal-to-portal) ASTM F1869
Relative Humidity Testing - $75/Kit (pottako-portao ASTM F2170
Ferroscan - Equipment Fee $1151day (portal-lo-poifal)
GPR - Equipment Fee $1151day (portaPto-portal)
Administration, Secretarial, Special Projects, Notary, Certified Payroll
Con crete-/Grout)Mortar Mix Design Review (less than 48 hours notice - $500)
Welding Procedure Revievi (less than 48 hours notice - $500)
Welder Qualification Test
DSA Interim Reports
Geolachnical Pad Letter (less than 48 hours notice - $550)
Final Letter (less than 48 hours notice - $550)
EXPERT WITNESS TESTIMONY
Court appearance, per day
Court appearance, per half day
I Field inspectibri ai?d laboratory technicfan services will be billed In accordance With minlmufns shown on Basis 011 charges.
"Professional engineering services va71 be billed irf Wo hour increments.
INSPECTING
TESTING
ENGINEERING
Standard
Discounted
Rate/Hour
Ratell-lour
$218,00
$223.00
$223.00
Uia.o
$150,00
S2-44,G()
$15U0
$218.00
$218.00
$248.0
$150m
$24 &GO
$150,00
$218,00
$218,00
$218.00
$253,00
$218,00
$218,00
$218.00
$218.00
$35UJ3
$303.00
$273,00
$248.00
$21&00
$218,00
$193.00
$208.00
$153.00
00k
OCR
$218.00
$218.00
$278.00
$443.00
$303'.00
QQR
OCR
QQR
QCR
QOR
QQR
$28U0
$288,00
$268.00
$288.00
$28%00
$34&00
$163,00
$345.00
$346.00
$223,130
$178.00
$345.00
$$4-5.00
$2,420.00
$1,210-00
Allftel x1dilvard Basis (Ircbeirge's
CONSTRUCTION
JUALA'",
TESTING SERVICES
BASIS OF CHARGES
INSPECTING
TESTING
ENGINEERING
GENERAL
Fees for tests and Inspection include cost of technician, normal equipment and regular reports. r=nglneefing services will be charged at applicable Cates and vAll require travel and
mileage charges for equipment transport and storage per code (portsf to portal) from the nearest CTS laboratory. Solis testing with nuclear gauge and/or sand cons equipment and
inspections requiring equipment will require applicable travel and mileage charges for equipment transport and storage per code !portal-to-portal) from the nearest CTS laboratory,
Fees for *pecial projects. 5ervictis, overseas, or elsewhere in the United States, Wit be quoted an request, With prior notification to Client-, charges are subject to change at any
time. Construction Testing Set -vices reserves the fight to adjust the rates quoted in this contract ba,aod upon any Union or prevailing wage increases andlor changes In any industry
requirements.
MINIMUM HOURLY CHARGES —INSPECTION
Technician personnel and the following minimum charges are contractual commitment
One -halt day or less 4 Hours
Over erne -halt day 8 Hours
Show -up time (less than 2 hours notice = 4 hour charge) 2 Hours
WORKING HOURS AND PREMIUM TIME
Regutarworkbay is the first 8 hours between 6,00 am and 6:00 pm Monday through Friday. Premium time is as follows;
Overtime, Weekdays and Saturdays (first 8 hours) 1.5 x quoted hourly rate
Overtime Saturdays (over 8 hours) and Sundays (first 8 hours) 2 x quoted hourly rate
Overt me Sundays (over 8 hours) and Holidays 3 x quoted hourly rate
Shift differential, swing and graveyard -
(Work performed between 2.00 pm and 4:00 am) 12.5%thour additional to base or quoted rate.
MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee
$40.=each
Facsimile Charges. Plus $1.001page (n1c for cover page.)
$7.001m[nimurn
Wireless Router/Data Card for Jobs! to Internet
$135,00)day
!Pad Monthly Rental Fee
$1 00.001month
Electronic Reporting FeesiSubscHptions (PlanGrid, BIM, etc.)
At Cost
Parking reos
At Cost
Air Travel
Cost Plus 10%
Outside Services
Cost Plus 20%
Subsistence (per union contract)
$ 130,OQ1LIay
Mileage
Standard Federal Rate
Sample Pickup
$26.001each
Weekend Sample Pickup
W&OOteach
Project Administration
10% of Monthly I nvoica
Samples Made by Others., Cancireia Cylinders
$130 + Test
Samples Made by Others: All Other Tests
'565.00 + Test
Laboratory Sample Witness Fee
$130-00
Laboratonj Sample Storage Fee (per sample)
$112000
F-7- Cure E3oxas (Thermostatically Controlled Curin; Boxes)
OCR
Returned Check Fee
$150,00
TEST;'
Testing fees shown include norm-af time for perrorming test, Sample;i requiring special preparation 011 be charged at the laboratory technician rate. Fees for tests not fisted Will be
quoted upon request. There will be a minimum charge of $10100 for any engineering report, Please note some tests maybe tested by suboonsultants. Samples delivered to the
laboratory after 3:GOpm or samples needing: results within 24 hours vAll incur a 50"A mark-up,
INSURANCE
The liability of Construction Testing Services (CTS) Is limited to CTS's contract value,
PAYMENT
Invoices will be submitted monthly or bimonthly for services performed during the preceding month and are payable on receipt, Interest of 11 .5% per month (but not exceeding the
maximum rate allowable by law) will be payable an any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest :end than to the principle unpaid
,amount, Attomey's fees or other costs Incurred in collecting any delinquent amount shall be paid by client, Visa, NtasterCardl and American Express payments are accepted
however fees %AA] apply. Visa and MasterCard payments require an additional 30% an top of the amount of the invoice being paid, American Express payments require an additional
4% on top of the amount of Me invoice, being paid,
-111ftev'50 -
javy le Bay 1V of Chil Yqes
,4001k. CQN$TRUCTION
T TESTING SERVICES
CONCRETE AND MASONRY TESTS
CONCRETE
Compressive: Strength of Cylindrical Concrete Specimens (6x12)
Compressive Strength of Cylindrical Concrete Specimens (4x8)
Compressive Strength of Cylindrical Concrete Specimens (Over 8000 PSI)
Cylinder molds. 6" x 12" and 4" x 8'
Compressive Strength of Lightweight Insulating Concrete
Obtaining and Testing Sawed Bears and Drilled Cores of Concrete [Cores)
Flexural Toughness of Fiber Reinforced Concrete (Round Panel)
Flexural Strength of Concrete (Using Simple Beam Wth Third -Point Loading)
Flax Beams per Caltrans Test [viathods
Length Change ofHardened Hydraulic -Cement Mortar and Concrete (Shrinkage, 1 Sample)
Shotorate Nonleman Quallficatlion Letter (Per Nozzleman, Per Position)
Shotarete Pre-Quailf cation Cores (Compression And Visual)
Shotcrete Production Cores
Coefficient of Thermal Expansion
Determining Density of Structural Lightvielght Concrete (Cylinders)
Standard Specification for Concrete Made by Volumetric Batc1ning and Mixing
Cement Quality Sampling
Phystcal Testing of Gypsum, Gypsum Plasters and Gypsum Concrete
Splitting Tensile Strength of Cylindrical Concrete Specimens
Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression
Grab Sample, Seating and Storing in a Humidity and Temperature Controlled Room
Density of Hydraulic Cement
Testing of Controlled Low Strength Material (CLSM) Test Cylinders
GFRO Pull Test
GFRC Flexural Test
Foaming Agents for Use in Producing Cellular Concrete- Using Preformed Foam (Colt -Crete)
MASONRY
Compressive Testing of Grout (Masonry)
Compressive Strength of Hydraulic Cement Mortars Using 2" Cuba Specimens
Compressive Strength of Mosonry Prisms
Testing Concrete Masonry Units and Related Units (Core Compression)
Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample)
Testing Concrete Masonry Units (CMU) and Related Units (Full Unit)
Linear Drying Shrinkage of Concrete Masonry Units (Per Unit}
Masonry Core ShearTestinj
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit'Welght)
Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate,
efflorescence)*
Mortar Molds. 2'x 4*, Single Use
Mortar or Grout, Stored and. Cured, Not Tested (Including Mold)
AGGREGATES (SOILS AND CONCRETE)
Determining Sieve Analysis of Fine and Coarse Aggregates (Coarse Only)
Sieve Analysis or Fine and Coarse Aggregates (Fine Only)
Sieve Analysis of Fine and Coarse Aggregates (Wash Included)
Sieve Analysis of Fine and Coarse Aggregates (200 Wash Only)
Evaluating Cleanness of Coarse Aggregate
Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate
Unit Weight of Aggregate
Clay Lumps and Friable Particles in Aggregates
Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate
Organic Impurities in Fine Aggregates for Concrete
Density, Relative Density(Specifiv Gravity), and Absorption of Coarse Aggregate
Density, Relative Density(Specirm Gravity), and Absorption of Fine Aggregate
Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los
Angeles Machine
Percentage of Crushed Particlesl,5tandard Test Method for Determining the Percentage of Fractured
Particles in Coarse Aggregate
Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shapai Surface Texture.
and Grading)
Sand Equivalent Value of Sells and Fine Aggregate
Durability Index (Fine)
Durability Index (Coarse)
Durability Index (Fine and Coarse)
Lightweight Particles In Aggregate
Resistance of Rock to Wetting and Drying
,Unusual sample pmparaflon for brick specimen svill be charged at the e&labfishad hourly rale
ASTM C39
ASTM C39
ASTM C39
ASTM 0470
ASTIR C495
ASTM C42
ASTM C1550
ASTM C78
CT523 and CT524
ASTM 0167
ACI 506, ASTM C42 and C1 140
ACI 506, ASTM C42 and C1 140
ASTM C1 140
AASHTQ T336
ASTM C567
ASTM C6435
Cr3C 2010
ASTM C472
ASTM C496
ASTM C469
CBC
ASTM C188
ASTM D4832
PCI
PCI
ASTM C796
ASTM C1019
ASTM C109
ASTM C1314
CSC 2105AA
ASTM C780 A7,6
ASTM C1 40
ASTMC426
CSC 2105A,4
ASTM C140
ASTM C67
CT2021ASTM C136
CT2021ASTM C136
CT2021ASTM C117
ASTM C1 17
CT227
ASTM C881CT214
C-1`212
ASTM C142
ASTM D4701/CT235
CT2131ASTM C40
ASTM C I 27/CT206
ASTM 0128/CT207
ASTM C131(535) and C211
ASTM D5821/CT205
Standard
RatalEach
$84.00
484-40
S143,00
$72.00
$94,00
$121.00
$44040
$309.00
$3080
$150,00
$440.00
$110.00
$110.00
$535.00
$405.00
$965,00
$6e7.00
$65.00
$253,00
$215,00
$150.00
$195.00
$IKOO
$374,00
$374.00
$525.00
$121,00
$121.00
$181.00
$121.00
$184,00
$270.00
$270,00
$340.00
$'I'000.00
$121.00
$121.00
INSPECTING
TESTING
ENGINEERING
Discounted
RafelFach
$35,00
$220,00
$295.00
4370-W
$200.00
$220,00
$870.0
$150,()0
$275.00
$158.00
$215.00
$370,00
S335.00
$336.00
$316.00
$w5'9Ls
$200.00
949&00
$250,00
ASTM 01 2521AAS HTO T304A
$405.00
ASTM 024i=T217
V.70.0 $200.00
ASTM 03744/CT229
$4054�0 $250,00
ASTM 03744/CT229
wi5'00
ASTM 0 37441CT229
$405.00
ASTM C1 2WAASHTO T1 13
QOR
CRD-C'169
$590,00
A flfeEi s i i bje el to Ras 4 of Ch a r4g es
a j l, CONSTRUCTION
MCM
7 TESTING SERVICES
SOILS, AGGREGATE, ASPHALTIC CONCRETE SERVICES & TESTS
SOILS
Direct Shear Test of Soils Under Consolidated Drained Condll;ioris
Caltrans CorrosIvity Package
Determining Field and Laboratory Resistiviby and PH Measurements for Soil and Water
Soils and Waters fbr Sulfate Content
Solis and Waters for Chloride Content
Particle —Size Analysis of Soils (vith Hydrometer)
Pore Water Extraction and Determination of the Soluble Salt Content of Solis by Refractometer
Standard Test Method for Particle -Size Analysis of Soils (without Hydrometer)
Liquid Limit, Plastic Limit, and Plasticity Index of Solis
Laboratory C4mpaction Characteristics of Soil Using ModiffediStandard Effort
Hydrometer Only
pH of Soils
Relative Compaction of Untreated and Treated Soils and Aggregates
Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement
Soils by the Stabillometer
Laboratory Determination of Waler(*malsture) Content of Sell and Rock by Mass
Dan,914, of Soil In Place by the Drive -Cylinder Method
Expansion Index of Soils
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permearneter
(Permeability)
Lab Compaction Characteristics of Sol) 1 Point Proctor (Check Point)
Maximum Index Density and Unit Weight of Soils Using aVibratary Table
Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density
Density of Hydraulic Cement
Volaille Organic Content
Semi Volatl[ea Organics by GC3As (Basic Target List)
Total Organic Carbon
ICP Metals Concentration
Total Extractable Petroleum Hydrocarbons: 7 PH, MTBE, BenzeneJoluene, Ethylbenzene, Zylenass,
%SS
ICP Metals Concentration
PH
Sequential Batch Extraction of Waste with Acidic Extraction Fluid
Chromium Soluble
Moisture, Ash and Organic MatterofPeat and Other Organic Solis (Organic Content)
Universal Soil Classification System (USCS) Test
California Searing Ratio Test
Un=nfiriad Compressive Strength of Cohesive Soil
ASPHALT
Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent)
Determining Low Temperature Performance Grade (PG) of Asphalt Binders
Th[cRness/Haight of Compacted 61tuminous Paving Mixture Specimetis (Cares)
Method of Prep of Bituminous Mixture Test Specimens
Bulk Specific Gravity and Density of Compacted Bituminous Mixtures (LTMD)
Indirect Tensile (IDT) Strength of Bituminous Mixtures (TSR)
Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate
Marsh -aft Stability and Flow of Bituminous Mixtures
Theoretical Maximum Specifi a Gravity and Density (Rice)
Measuring the Permeability of Bituminous Pavements and Sea] coats
Swell of Bituminous Mixtures
ASTM 03080
CT643
CT417
CT422
ASTM D422
ASTM D4542
ASTM D422
ASTM D4318IC71204
ASTM- D1557/13698
ASTM D422
ASTM D4972
CT21 8
ASTM D2844IGT301
ASTM D2216ICT226
D2937
ASTM 04829
ASTM D5084ICT220
ASTM D%8101557
ASTM D4253
ASTM D4254
ASTM C 188
EPA 828013
EPA 8270C
ASTM 29741EPA 531 OB in
EPA 6020 - CAMICCR 17
EPA, 80156
EPA, 6020
EPA 90451)
ASTM D5284
EPA 7196A
ASTM 02974
ASTM Q2487
ASTM D1883
ASTM D2 1 66(GT221
Standard
Rate/Each
$5-357,00
$505,00
QOR
OOR
QOR
$590,00
$625.00
$535.00
$502.00
$535.00
$467,00
$590,00
$150.00
$116,00
$405.00
$550,00
$337.00
$28&00
$285,00
$253.00
QOR
QOR
QOR
QOR
Nor .l
QOR
$535.00
QOR
QOR
$270,00
$300.00
$370.00
$187.00
ASTM 021721CT310
5732.00
ASTM 6816
QOR
ASTM D3,5491CT308
$27000
ASTM 06926ICT304
$270.00
ASTM D I 188 and D27261CT308
$990.00
ASTM D6931=371
$3,146.00
ASTM D554441CT202
$405,00
ASTM DE927
S990,00
ASTM D2041 ICT309
$40&W
CT341
CT305
$370,00
Moisture Vapor Susceptibility of Bituminous Mixtures,80oisture or Volatile Dis011at"a in Asphalt
ASTM D14BI/CT307
SOW=
Stabliameter Value (I sample)
cl-366
$370.00
Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method
CT3821ASTM D6307
$405.00
DaterriiinatIon of Correction Factor of Bituminous Paving Mixtures by the Ignition Method
crmiASTM D6307
$405.00
Determination of Asphalt and Moisture Contents of Bituminous Mixtures by Microwave (Oven
CT370
$405,00
Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6)
ASTM D 1075
$3,330.00
Compressive Strength of Bituminous MWijres
ASTM D1 G74
$270.00
Hamburg Wheal Track
AASHTO T324
$3,631.00
Moisture Susceptibility
AASHT0 T283
$31630.00
INSPECTING
TESTING
ENGINEERING
Discounted
RatialEach
$200,00
$250,00
- Unusual camp fepfreparahan (dried clays, saturated clays, etc.) and all other tests fortmated orurilreated soils, aggragate subl pse and aggregate base willbe Charged at established rates for
laboratofy technid'an.
- Does not include sampla Preparation or sieve analysis
Allfres s4ipjca tv BaNA tlfChargpn:
AAAA&" CONSTRUCTION
III&A-L I � I
---I TESTING SERVICES
INSPECTING
TESTING
ENGINEERING
Standard
MATERIALS MECHANICAL TESTS
RatelEach
Mechanical Testing of Steel Products (General Tensile)
ASTM A370
$470.00
Fillet Weld Break, Test for Qualification (Welding)
AWS B4.0
$205,00
'rension Testing of Metallic Materials, Tension Testing Wrought and Cast Aluminum and Magnesium-
$470,00
Alloy Products, (Welding Coupon Teti -site)
ASTM E8. B557 and AWS 84.0
Mechanical Testing of Steel Products (COUPW6)
ASTM A370
$460.00
Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic
QQR
Materials
ASTM L2248 and ASTM E23
Testing, Practices, and Terminology for Chemical Analysis of Steel Products
ASTM A751
$336.00
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility, #346
ASTM A370 and E290
$370.00
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility,- #9411
ASTM A370 and E290
4440.00
Mechanical Testing of Steel Products & Bend Testing of Material for Ducti My,, *414+
ASTM A370 and E290
QOR
Mechanical Testing of Steel: Products, Standard Specification for Steel 'Wire, Plain, for Concrete
$440.00
Reinforcement
ASTM A370, A82 and Al 85
Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds
ASTM El 90 and AWS 54,0
$270.00
Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts
$528.00
Only (Tension and Yield)
ASTM F307, F1 5,54 and FG05
Rockwell Hardnesr, of Metallic Materials
ASTM El 8
$150.00
Proof Test for Carbon and Alloy Steel (Nuts Only)
ASTM Al 04 or A582
$337,00
Radiographic Examination of Metallic CastingsM?eldrrients
ASTM E94, E1030 and E1032
OOR
Macroetclilng Metals and Alloys
ASTM E340, E281 and AWS
$337.00
Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers,
$370.00
Direct Tension Indicators, and Rivets (HSB AssemUes)
ASTM F606
Mechanical Testing of Steel Products (Terminators Tensile)
ASTM A370
$370-00
Strength for Sewn or Bonded Seams of Geotextiles
ASTM D4884
M0i 00
Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure
ASTM 02261
S336.00
Breaking Strength and Elongation of Textile Fabrics (Grab Test)
ASTM D5034
$270.00
Tensile Properties of Fiber Reinforced Polymer MalrN Composite Bars
ASTM DSOM
s9so.00
Steel Strand, Uncoated Seven -Wire for Pre -stressed Concrete
ASTFA A416 and Al 061
$1,463,00
FIREPROOFING
Thickness and Density of Sprayed Fire -Resistive Material (SFRM)
ASTM E605
$270,00
ColiesiontAdhealon of Sprayed Fire -Resistive Materials (Test Kit Only)
ASTM E736
877.00
CONTACT INFORMATION
Headquarters: 2118 Rheem Drive - Pleasanton, CA 94588 - P 1325,462.5151 - F 1�25.482'5183
Peninsula: One Embarcadera Center, Suite 535 - San Franctsuo, CA 04111 - P 415.334.4747 - F 415.438.2357
Oakland- 246 30th Street, Suite 101 - Oakland, CA 9460I - P 510.444.4747 , F 510.835.1826
San Jose. 2033 Gatevmy Place, 45ti0 = San Jose, CA 95110 - P 408,573,6992 - F 408.437,1201
Stockton-, 343 East Main Street, 4711 Stockton, CA 95202 - P 20U07.7555 - F 209.807.7554
Rocklin: 4400 Yankee Hill Road - Rocklin, CA 95677 , P 016,41 9A747 - r 01 6.419A774
Las Vegas: 3842 E. Post Road - Los Vegas, NV 89120 - P 702,257.4747 - F 702.257.4718
AlIfees whjrct rt? Basis OfUlargew