4LEAF, Inc. 1 Service Provider Agreement
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SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this day of July 2025 (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and 4LEAF, Inc., a California C Co rporation, whose address is 2126 Rheem Drive, Pleasanton, CA 94588 (“ Provider”), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: Construction Management and Inspection Services for Clement / Tilden Intersection Improvements. City staff reached out to the service provider on the City’s on- call list of Construction Management firms, and selected the service provider that best meets the City’s needs.
C. Provider is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
D. Whereas, the City Council authorized the City Manager to execute this agreement on July 15, 2025.
E. The City and Provider desire to enter into an agreement for construction management, inspection, materials sampling/testing, and construction environmental review for construction of the Clement / Tilden Intersection Improvements project, upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence on the 15 th day of July 2025, and shall terminate on the 31st day of December 2026, unless terminated earlier as set forth herein.
The parties may agree to extend the term of this Agreement on a year-by-year basis, for up to two (2) additional years.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
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3. COMPENSATION TO PROVIDER:
a. By the 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit A and incorporated herein by this reference.
Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit A. b. Total compensation for work is $1,001,931.00, with a ten percent contingency in the amount of $100,193.10 for a total not to exceed amount of $1,102,124.10. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regarding the performance of this Agreement.
5. STANDARD OF CARE:
Provider shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Provider represents that it is skilled in the professional calling necessary to perform all services contracted for in this Agreement . Provider further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement.
Provider further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License , as needed ); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Provider shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Provider’s failure to compl y with the standard of care provided for herein. Any employee of the Provider or its sub-providers who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Provider and shall not be re-employed to perform any further services under this Agreement.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider ’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
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PERS payments, or other purposes normally associated with an employer -employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider. Any personnel performing the services under this Agreement on behalf of Provider shall also not be employees of City and shall at all times be under Provider’s exclusive direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney ’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under this A greement or out of the operations conducted by Provider even if the City is found to have been negligent . If the Claims filed against Indemnitees alleg e negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.
Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.
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c. Provider’s obligation to indemnify, defend and hold harmless Indemnit ees shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (4). The Certificate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California , as well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggreg ate limits in the amounts of $4 ,000,000 will be Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
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considered equivalent to the required minimum limits shown above. Provider shall also submit d eclarations and policy endorsements pages. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider ’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology- based, in the following minimum limits:
$2,000,000 each claim
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
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at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, employees , agents , and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured covera ge under Provider’s policy shall be primary and non- contributory and will not seek contribution from the City’s insurance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider ’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements s tated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement , they must submit the Excess Liability policy in full.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement. Provider may be required to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
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consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub- providers including the names of the sub - providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub -provider shall be required to furnish proof of workers ’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub- providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
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without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Generally, the City has the right to conduct audits of Provider’s financial, performance and compliance records maintained in connection with Contractor’s operations and services performed under the Agreement. In the event of such audit, Contractor agrees to provide the City with reasonable access to Contractor’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Contract or an opportunity to discuss and respond to any findings before a final audit report is filed.
b. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement , as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). c. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records , and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
d. If supplemental examination or audit of the R ecords is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’ s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service ; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlier to occur of : (x) actual delivery or the date on which delivery is refused; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
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c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Ali Hatefi, Senior Engineer
Ph: (510) 747-7972
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
4LEAF, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
ATTENTION: Gene Barry
Ph: (925) 462-5959
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Jeanette Navarro, Executive Assistant
Ph: (510) 747-7932 / [email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider , including the safety of all persons and property during performance of the services and tasks under this Agreement . This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all s afety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirement s will be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider will promptly submit to the City a writte n report of all Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
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incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement . If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS’ FEES:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the City shall have the right to impose , at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Provider shall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless from any Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
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claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Section 30, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein . This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied cov enant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.
26. PREVAILING WAGES:
Provider is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Provider agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as d efined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Provider’s request, shall provide Provider with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Provider shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Provider’s principal place of business and at the project site. Provider shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
27. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
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28. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF , DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
29. SIGNATORY:
By signing this A greement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
30. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
4LEAF, Inc. 13 Service Provider Agreement
Version 03-05-25
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
4LEAF Inc CITY OF ALAMEDA
a California C Corporation a municipal corporation
Gene Barry Jennifer Ott
Vice President City Manager
RECOMMENDED FOR APPROVAL
Kevin Duggan
Secretary
Erin Smith
Public Works Director
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
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Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
TABLE OF CONTENTS
COVER LETTER
SECTION 1 PROJECT EXPERIENCE
SECTION 2 PROJECT TEAM
SECTION 3 PROJECT WORK PLAN AND APPROACH
APPENDIX A DETAILED COST ESTIMATE
APPENDIX B RESUMES OF KEY STAFF
Proposal To Provide
Const
ruction
Management,
Inspection, and
Materials Testing /
Special Inspection
Services
for the
City of Alameda
Clement Ave. / Tilden
Way Improvements
Project
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 1 OF 17
SECTION 1 – PROJECT EXPERIENCE
4LEAF is a California “C” Corporation and was established in 1999 and incorporated in 2001 by experienced engineers and seasoned managers with a focus on providing Construction Management (CM), Civil Infrastructure Inspections, Plan Review, Full Building Department Services, Code Enforcement, Planning, and Fire Recovery Services to public agencies, government, and private clients with the goal of setting the industry standard for excellent customer service. As a
medium-sized business, we have approaches to working with clients that are very different from those you might find when working with a large corporation. Rather than trying to be the biggest firm doing everything, our philosophy is to strive to be the best firm providing our clients with outstanding customer service and first-rate consulting services.
4LEAF has provided CM and /or inspection services for the following types of projects:
Water/Wastewater Treatment Facilities
Pump Stations
Creek & Channel diversions
Levees
Culverts
Roadways & Streetscapes
Green Infrastructure (e.g., bioretention,
bioswales, permeable paving)
SS and Storm Water Conveyance Systems
Transportation Projects
Bridges
Traffic Signals / Streetlighting
Grading & Earthwork
Trash Capture Systems
Sidewalk, Curb and Gutter
Retaining Walls
Bicycle & Pedestrian Facilities,
Including Dedicated Bike Paths
Park and Recreation Facilities
Government/Municipal Facilities
Environmental Remediation
Biologically and Culturally Sensitive
Areas
The following are some of the CM and inspection services 4LEAF provides:
Biddability / Constructability Reviews
Coordinate and Chair Pre-Con and
Weekly Meetings
Review Baseline Schedules
Perform Schedule Management
Coordinate with Various Project
Stakeholders
Prepare Progress Status Reports
Review Contract, Environmental and
Permit Documents, & Laws and
Regulations
Perform On-Site Administration
Project & Program Management,
Contract Administration
Review Submittals & RFIs
Review Progress Payments and Pay
Applications
Track Bid Item Quantities
Review & Process Change Order (CO)
Requests – 4LEAF is familiar with the City’s
CO process and the City’s internal Change
Request Form (CRF).
Perform Construction Inspections
Maintain Detailed Written and
Photographic Records of Site Activities
Monitor & Document Contractor’s
Compliance with Project Contract, Permits,
Health & Safety Plan
Ensure Compliance with Environmental
Regulations (SWPPP, ECP, BMPs, etc.)
Verfify Contractor’s Compliance with the
approved Traffic Control Plans
Provide On-Site Coordination with Utilities
Coordinate Special Inspections and Material
Testing
Review Contractor’s Certified Payroll
Maintain Complete and Accurate
Project Files in Accordance with State,
Local and Federal funding, including
Caltrans LAPM procedures, when
required
Provide ADA/Building-Code
Compliance
Maintain Construction Red-Lined
Copies of Drawings
Track Equipment & Manpower
Coordinate and Perform
Commissioning Services
Prepare Final Punch List
Compile Project Closeout
Documentation
Review, Evaluate and Recommend
Change Order Course of Action
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 2 OF 17
4LEAF PROJECT EXPERIENCE
De Anza Blvd and McClellan Road Intersection Improvements Project – Phase 3 City of Cupertino
4LEAF and our subconsu ltant, CTS, provided CM, Inspection, and Materials Testing and Special Inspec tion services for the City of Cupertino’s $1.4M De Anza Blvd and McClellan Road / Pacifica Drive Intersection Improvements project.
This Federally- and City-funded projec t consisted of constructing civil and traffic signal improvements including site demolition and potholing for existing utilities, installation of a bike lane median and ADA compliant sidewalks and ramps, relocation of underground utilities (storm drain and electrical), hori zontal directional drilling and pulling conduit for new electrical conduit, construction of a traffic signal controller and cabinet, construction of new traffic and lig ht poles, and performing AC paving and traffic striping.
All work was performed within the existing City right of way. The project was constructed in high vehicle and pedestrian traffic areas and adjacent to numerous active businesses and required continuous public outreach during construction.
Services performed by 4LEAF included:
Performing CM services and coordinating and chairing weekly construction meetings.
Managing all RFIs, submittals, contract change order requests, and approved contract change orders.
Performing coordination with PG&E for electrical service connections.
Performing full-time inspection services and monitoring / documenting contractor’s work for adherence to contract documents.
Maintaining thorough daily inspection reports and continual review of plans/ specifications.
Providing extensive daily interface with City staff, property owners, contractor and subcontractors, design engineers, and multiple utility providers.
Assisting the City and contractor in resolving site issu es including utility conflicts, driveway and sidewalk conforms, field changes to design drawings, etc.
Coordinating all special inspections and materials testing being performed by our subconsultant CTS. Documenting information related to manpower, equipment, and extra work. Continually monitoring the contractor’s traffic control to ensure compliance with the traffic control plan. Providing accurately measured quantities and reviewi ng draft pay estimates submitted by contractor and providing recommendations to City staff.
Collecting and maintaining digital photographs of all daily construction activities. Reporting all discrepancies requiring corrective actions to City staff and maintaining red-lined set of project plans.
Performing frequent communications with the contractor to review proposed work and schedule inspections.
Developing "punch list" items and following up with corrective measures with the City’s staff.
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 3 OF 17
Orange Ave. Sidewalk Improvements Project
City of Cupertino
4LEAF and our subconsultant, CTS, provided CM, Inspection, and Materials Testing and Special Inspection services for the City of Cupertino’s $2M Orange Ave.
Sidewalk Improvements project. The project included performing site demolition and tree removals; relocating various ut ilities (communication lines and utility boxes, water service laterals and valve boxes, fire hydrants); installing sidewalks, curbs, gutters, driveway aprons, planting strips, storm drainage system modifications, landscape restoration (fencing, decorative pavers, irrigation piping, vegetation, etc.); restoring property owner fences; performing AC grinding, paving, and slurry seal; and installing traffic striping.
The project was constructed in a seven-block residential area of Orange Ave. between McClellan Road and Stevens Creek Boulevard and required extensive up-front planning and coordination between City staff and the property owners during the design and pre-construction phases as part of property owners granting easements to the City allowing the project to be constructed in front of their properties. During the construction phase, 4LEAF’s CM / Inspector engaged in regular and frequent communications with all residents to assuage concerns and provide status updates as part of the City’s proactive outreach efforts.
Services performed by 4LEAF included:
Performing CM services and coordinating and chairing weekly construction meetings. Managing all RFIs, submittals, contract change order requests, and approved contract change orders. Performing full-time inspection services monitoring/documenting contractor’s work for adherence to contract documents.
Maintaining thorough daily inspection reports and continual review of plans/ specifications. Providing extensive daily interface with City staff, property owners, contractor and subcontractors, design engineers, multiple utility providers, and contractor s performing tenant improvement work on individual residential properties.
Assisting the City and contractor in resolving site issu es including utility conflicts, driveway and sidewalk conforms, field changes to design drawings, etc.
Coordinating all special inspections and materials testing being performed by our subconsultant CTS. Documenting information related to manpower, equipment, and extra work. Continually monitoring the contractor’s traffic control to ensure compliance with the traffic control plan. Providing accurately measured quantities and reviewing pay estimates submitted by contractor and providing recommendations to City staff.
Collecting and maintaining digital photographs of all daily construction activities. Reporting all discrepancies requiring corrective actions to City staff and maintaining red-lined set of project plans.
Maintaining frequent communications with the contractor to review propos ed work and schedule inspections.
Developing "punch list" items and following up with corrective measures with the City’s staff.
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 4 OF 17
Miller Avenue Streetscape and Underg round Utilities Improvement Project City of Mill Valley
4LEAF provided CM and Inspection services to the City of Mill Valley for this multiple award winning $13.5M capital
improvement project that has dramatically improved multi- modal movements for pedestrians, bicyclists, and motor
vehicles. It installed new underground utilities; rehabilitated asphalt pavement; and replaced sidewalks, utility boxes, streetlights, and landscaping to beautify more than two miles of Miller Avenue. Some project components included:
6-inch and 12-inch welded steel waterlines and 4-inch laterals
Full-Depth Reclamation (FDR) Asphalt Paving Method;
Cold-in-Place (CIR) Asphalt Paving Method
Pipe bursting Sanitary Sewer Installation; Cured-in- Place Pipe Sanitary Sewer Installation
This project was segregated into two separate projects because of funding sources. 4LEAF provided separate documentation to accommodate the Federally-Funded project, which was at north end of Miller Avenue and included concrete sidewalk, curb, gutters and curb ramps.
As the largest Public Works project ever undertaken by the City of Mill Valley in the heart of its downtown district, the project garnered a large amount of attention from stakeholders. The City is well known as being home to residents who are heavily involved in city issues. 4LEAF was formally recognized and commended by elected officials, city staff, mult iple residents, and businesses for creating a very positive construction environment through 4LEAF’s full-time on-site presence and availability in coordinating issues specific to traffic, parking, safety, pedestrians, and businesses.
Services performed by 4LEAF included:
Performing close collaboration between the City staff, design firm, construction contractor, and 4LEAF’s subconsultants for materials testing/special inspection and schedule management. Performing extensive daily public outreach and communications with downtown business owners concerning issues such as access to their properties; collecting daily photographs of construction activities. Managing project documentation according to LAPM requirements as required for federal funds.
Balboa Way Repair Project
City of Pacifica
4LEAF and our subconsultant, Construction Testing Services, provided Construction Management, Inspection, and Materials Testing and Special Inspection s e r v i c e s f o r t h e C i t y o f P a c i f i c a ’ s $ 2 . 2 M B a l b o a W a y S t r e e t R e p a i r s project. The project included restoration of the entire extent of the residential area of Balboa Way between Anza Drive and Arguello Boulevard as well as private driveways.
Awarded “Local Street Project of the Year”
California Transportation Foundation (CTF)
Overall Winner Outstanding Local
Streets and Roads Awards Program
California State Association of Counties and
County Engineers Association of California (CEAC)
Public Works Project Award
Projects $5M - $25M
American Public Works Association – N. CA
Chapter
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 5 OF 17
The project replaced and/or repaired approximately 27,300 square feet (SF) of roadway asphalt, replaced approximately 5,170 SF of sidewalk including curb and gutter, replaced 10 private driveways, constructed four ADA curb ramps, replaced approximately 630 lineal feet (LF) of 8-inch-diameter high density polyethylene (HDPE) sanitary sewer pipe (SDR 17) by open trench, replaced approximately 155 LF of 24-inch HDPE sanitary sewer pipe (SDR 17) by open trench, abandoned and relocated approximately 720 LF of a 6-inch- diameter ductile iron water main line , replaced approximately 90 LF of 18- inch reinforced concrete pipe (RCP) storm drain line with 18-inch HDPE (SDR 17) pipe by open trench, constructed three new sanitary sewer manholes, performed leak repair on seven existing sanitary sewer manholes, and re-established sanitary sewer lateral tie ins.
All work was performed while meeting the health and safety requirements outlined in the San Mateo County Health Officer Order for COVID-19.
Services performed by 4LEAF included:
Performing part-time CM services and coordinating and chairing weekly construction meetings.
Managing all RFIs, submittals, potential change order requests, and contract change orders.
Reviewing contractor pay applications and providing recommendations to City staff.
Full-time inspection services monitoring/documenting contractor’s work for adherence to contract documents.
Maintaining thorough daily inspection reports and continual review of plans/ specifications.
Providing daily interface with residents, utility providers, and multiple jurisdiction staff.
Coordinating all special inspections and materials testing being performed by our subconsultant CTS. Documenting information related to manpower, equipment, & extra work. Continually monitoring the contractor’s traffic control to ensure compliance with the traffic control plan. Providing accurately measured quantities and reviewing pay estimates submitted by contractor. Collecting and maintaining digital photographs of all daily construction activities. Reporting all discrepancies requiring corrective actions to City staff and maintaining red-lined set of project plans.
Meeting with the contractor to review proposed work and schedule inspections. Developing "punch list" items and following up with corrective measures with the City’s staff. Utilizing 4LEAF’s corporate account with Procore as the cloud-based document control system.
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 6 OF 17
SECTION 2 – PROJECT TEAM
The ultimate success of any project depends on providing highly qualified staff that can work effectively in a team environment or individually. The following provides a description of the roles and responsibilities of our proposed staff for this Project. Complete resumes for our proposed staff are provided in Appendix A.
Gene Barry, P.E., Principal-in-Charge (PIC) / Project Manager (PM) – responsibilities will include meeting with the City’s designated Project / Contract Manager once the notice to proceed (NTP) is issued to discuss the nature and proposed scope of services required and the project sche dule. While work is under way, Gene will communicate regularly with the City and 4LEAF staff to monitor progress; monitor the project to ensure our team is following both the City’s and our procedures and that we are meeting your expectations; and communicate with the Client on a regular basis to provide status updates to the overall contract.
Chris Bryden 4LEAF Co nstruction Manager – Chris will work under the supervision of 4LEAF’s PIC / PM, Gene Barry, P.E. and his responsibilities will include receiving and processing progress payments, submittals, RFIs, and potential contract change orders (PCCOs); coordinating 4LEAF’s and CTS’s inspecti on staff; reviewing and monitoring construction schedules; coordinating and running weekly meetings; communicating with the City, the project team, and other project stakeh olders; performing as-needed Public Outreach; and coordinating special inspections.
Clayton Jones, 4LEAF Construction Inspector – Clayton’s responsibilities will include monitoring and documenting daily site activities and ensuring the progress of the work is performed in accordance with the plans and specifications; verifying materials an d quantities; performing as-needed Public Outreach; and assisting 4LEAF’s CM for scheduling of special inspections.
SUBCONSULTANTS
Construction Testing Services
4LEAF’s team firm, CTS, will provide Materials Testing and Special Inspection services in support of the Project.
Founded in 1994, CTS has provided full-service geotechnical engineering and material testing for nearly $30 billion in construction, ranging from transportation and site work to water resource projects, K-12 schools and universities to laboratories and hospital facilities, civi c centers and libraries to co rporate office campuses, and hotels and parking structures to police and fire stations. CTS’ 250 + member staff includes licensed engineers,
inspectors and technicians who are experienced in all types of construction. CTS and 4LEAF have teamed up on more than 200 projects during our combined 23-year history.
CTS’s inspectors and technicians are certified by:
International Code Council (ICC) American Concrete Institute (ACI) American Welding Society (AWS) Division of State Architect (DSA) American Society for Nondestructive Testing (ASNT) Caltrans Office of Statewide Health Planning and Development
(OSHPD)
U.S. Army Corps of Engineers (USACE)
CTS’s laboratories are regularly reviewed and accredited by:
Special Inspection Committee of the International Code Council (ICC) Cement and Concrete Reference Laboratory (CCRL)
Division of State Architect (DSA)
American Association of State Highways and Transportation Officials (AASHTO) U.S. Army Corps of Engineers (USACE)
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 7 OF 17
Caltrans
International Accreditation Service (IAS)
Engineering specialists:
Registered and experienced civil engineers and registered and experienced geotechnical engineers Quality Control Program.
CTS’s Reporting Software:
CTS has created a cloud-based software and companion mobile application called ELAS that optimizes the reporting process. ELAS as a tool facilitates transparency with CTS activities, enabling Clients to view inspector activity, reports, and preliminary estimates. In addition to test-result reporting capabilities, ELAS has tools for project managers to immediately generate budgets based on initial estimates and work performed. Full-color reports with pictures and plan markups are available in real-time for review by our engineers and, ultimately, distribution to project shareholders. Our team upl oads inspection and laboratory reports daily and ELAS allows these reports to be immediately emailed to the project team at the click of a button.
In addition, ELAS tracks exceptions and non-compliance incidents from initiation to closure.
ELAS brings efficiencies to every sector of CTS, improves the Client relationship, and keeps joint projects on track. Let our investment work for you! Scan this QR code to learn more.
WRA Environmental Consultants
4LEAF’s Team firm WRA will provide as-needed biological monitoring support services during clearing, grubbing, vegetation and tree removal activities of the project. WRA is an employee-owned, certified small business (SB-PW ref. #13333) with 100 team members working from four offices in California including a local Alameda County office in Emeryville. WRA has worked on more than 300 projects across Alameda County, including for the City of Alameda. WRA has developed a streamlin ed Nesting Bird Survey Program where their trained wildlife biologists work with their clients to ensure projects move forward while navigating unique regulatory conditions and permit requirements.
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 8 OF 17
PROJECT ORGANIZATION CHART
Gene Barry. P.E., QSD
4LEAF Principal-In-Charge /
Project Manager
4LEAF
Construction Manager and Inspector
Chris Bryden Construction Manager
Clayton Jones Construction Inspector
CTS
Materials Testing and
Special Inspection
WRA
Biological Support Services
– Nesting Bird Surveys
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 9 OF 17
SECTION 3 – PROJECT WORK PLAN AND APPROACH
The following provides a summary of the scope of services that will be performed for this Project and outlines our project approach for performing our services under the three distinct phases of the Project: Pre-Construction, Construction, and Post-Construction. The following represents the typical services performed during CIP projects.
PRE-CONSTRUCTION SERVICES
During Pre-Construction, the 4LEAF team will establish immediate and routine contact and communication with the Project’s team including the City, the contractor, utility companies, and other project stakeholders. We will take steps to ensure successful collaborations with each of these entities. The pre-construction phase of a project typically includes the following key tasks.
Kick-off Meeting
Once we have reviewed the contract documents, we will meet with the City for a kick-off meeting to discuss the schedule and scope of the project. We will discuss approp riate staging area locations that the contractor may use during construction.
Perform Pre-Construction Project Site Condition Inspection Using digital and / or video cameras, the 4LEAF team will record the existing conditions of the project site and area(s) of new construction before the contractor starts work, during construction, and then again at the completion of construction activities. This docu mentation will be a useful tool in identifying and / or assigning ownership of any damage to existing City or privately-owned facilities once work begins. If it isn’t already a contract requirement, we recommend that the contractor performs the same documentation to adequately protect the City and themselves from outside influences on the areas that they will be performing their work.
Document Review
The first order of work for the 4LEAF team will be to understand the project scope and site and review the confirmed set of contract documents, including the co nstruction drawings and specifications, addenda, cost estimates and quantities, design reports and studies, resour ce agency permits, utility relocations plans, etc. If there are other projects under construction within proximity to the proposed project, 4LEAF will gather available critical information on these projects, in particular scope, schedule, and project team contact information, to allow collaboration between the project teams and allow each project to meet its schedule while maintaining public safety within each project’s limits.
Project Files
4LEAF proposes using the Procore as the cloud-based application for recording, logging, storing, and retrieving information pertaining to all technical, financial, and ad ministrative aspects of the Project. 4LEAF has extensive experience using Procore on small-, medium-, and large-CIP projects.
Pre-Construction Meeting
The 4LEAF team will conduct a pre-construction conferen ce with the project team including City staff, the contractor and subcontractors, and other interested parties. Some of the topics to be discussed at the pre- construction conference will include:
Performing introductions and identifying roles/responsibilities. Discussing lines of communication and authority for City, contractor, and consultant personnel. Identifying the status of notifications made to u nderground utilities and protocols for submitting notices to Underground Service Alert (USA).
Coordination with other projects under construction within the area.
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 10 OF 17
Establish a collaborative role for every worker onsite to maintain the public’s safety. Identifying construction phasing, scheduling and st aging information including where contractor may stage equipment and materials during the project.
Discussing material inspection requirements and coordination. Discussing cooperation with the public, minimizing public traffic delays, allowable work hours and procedures for public work notices and any signage that will need to be installed along the project route. Discussing construction staking and traffic handling. Discussing the contractor’s Baseline Schedule.
Discussing required contractor submittals.
Discussing procedures for submitting and approving contractor pay requests and anticipated dates pay requests.
Discussing process for submitting requests for information (RFIs), change orders, submittals, etc. Discussing mobilization and any additional issues that need to be resolved before work commences.
CONSTRUCTION PHASE
The 4LEAF team will perform on-site inspections to check the quality and quantity of the work performed by all trades and guard the City against defects and deficiencies in the work by the contractor. As necessary, the 4LEAF team will inspect construction mean s, methods, techniques, and sequen ces to evaluate the contractor's compliance with the intent of the construction documents and recommend necessary remedial action to the contractor as required.
Progress Meetings
4LEAF’s team will schedule, prepare agendas for, chair, and provide minutes for all meetings including the weekly progress meetings, periodic meetings with the City, as we ll as any additional stakeholder meetings that may be necessary to successfully complete the project.
The weekly progress meeting will be used to review the contractor’s 3-week look ahead schedule (highlighting critical project activities, operations, and necessary coordination), open issues, status of submittals and open RFIs, deficient work, SWPPP concerns, and safety concerns.
Review Contractor Submittals
The contractor will be required to prepare detailed submittal items [such as emergency contacts, phased traffic control plans, baseline schedule, a SWPPP, etc.] prior to the start of construction. 4LEAF will utilize the City’s CIP PM application for inputting, assigning, and tracking of submittals that are submitted by the contractor prior to either approving the submittal for use on the Project or prior to forwarding them to the designer of record for their review and approval. If a submittal needs to be reviewed and approved by the designer of record, our review prior to forwarding it to the designer of record will provide a “sanity check” of the submittal before the de signer spends time reviewing the submittal. This will streamline the submittal process for all parties, preventi ng the designer of record from wasting their time reviewing a submittal that may not meet contract requirements. The status of submittals will be updated at each weekly progress meeting with “Ball in Court” status indi cating whose action is required to move the submittal process along as efficiently as possible. These procedures will be followed for the request for information (RFI) process as well.
Construction Management, Field Inspection, and Quality Assurance
4LEAF’s on-site staff will observe and monitor the pr ogress of the work in acco rdance with the plans, specifications, and contract documents and are in alignment with the construction schedule; including removing Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 11 OF 17
the railroad tracks and ties, removing the railroad platfo rm which contains asbestos-containing materials and lead-containing paint; excavating cont aminated soils, and work that affects the SWPPP or ECP. Photos will be taken, and daily inspection reports will be prepared using the report format required or requested by the City.
The information on the daily reports will include but will not be limited to general weather conditions; shift hours; documenting traffic controls are in place (both vehi cular and pedestrian); documenting the contractor’s compliance with all the requirements for removal of contaminated materials at the site; documenting SWPPP erosion control measure conditions; and documenting work activities, la bor, and equipment hours, work complete, quantities, and other rela ted information and discussions. The City’s consultant, Terraphase Engineering, will be responsible for reviewing the contractor’s submittals related to remedial activities, providing environmental and engineering support and monitoring during the remedial action activities.
4LEAF’s subconsultant, WRA Consulting (“WRA”) will perform as-needed nest ing bird surveys prior to tree and vegetation removal activities performed between the ne sting bird season (February 1, to September 30). The surveys will be conducted by WRA’s qualified biologist no more than 72 hours prior to the start of tree or removal activity. WRA will also provide as-needed biological suppo rt services to establish non-disturbance buffer zones for nesting birds if work is to occur within 300 feet of active raptor nests or 50 feet of active passerine nests to minimize disturbance based on the nest location, topography, cover, the species’ sensitivity to disturbance, and the intensity/type of potential disturbance.
4LEAF’s Construction Manager will complete Weekly St atement of Working Days (W SWD) reports each week providing a snapshot of the project progress including co ntract time elapsed, weather conditions, working and non-working days counted for the week, time extensions , computation of current Estimated Completion Date, and controlling operations progress made for the week . As controlling operations are performed, 4LEAF’s Inspector will collect certificates of compliance, AC we ight tags, concrete batch tags, and bills of lading for materials delivered to the site. Our Construction Inspector will then compare these documents to the approved submittals before allowing the materials to be used on the project. Although the 4LEAF team would not be contracted to be the project safety officers; we would make the contractor aware of unsafe conditions we notice on the job site throughout the life of the project.
4LEAF will do a thorough review of the contractor’s monthly progress payment requests to ensure the City is only making payments for work completed each month. The monthly measurements and calculations will come from the quantities measured and reported on the inspector daily reports. Before the start of construction, 4LEAF and the contractor will develop a procedure that is acceptab le to the City for submitting and reviewing monthly progress payments and the final payment. We will review the contractor’s schedule of values for bid items and segregate them into a form that is acceptable to the City for reimburseme nt. The 4LEAF team will review the contractor’s payment requests and will compare them to the quantities calculated and measured on the Quantity Data Sheets. If payment for materials on hand is allowed in this contract, we will verify the materials on the job site, or coordinate with the contractor for source verification at the time of the payment request.
After 4LEAF and the contractor agree on the monthly progress payment amount, 4LEAF’s Construction Manager will prepare the final progress payment request using the form and procedure previous ly approved by the City (showing work completed each month, work completed to date, percentage complete for each item, and any applicable deductions to the net payment) for approval and execution by the City. Additionally, 4LEAF will provide a project progress summary in the monthly status report. This summary will include the percentage of the budget spent and percent of working days used.
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 12 OF 17
Public Outreach
Although public works improvement projects will encounter standard construction issues, our experience and knowledge of how to address these types of issues place those in the manageable category and are inherit to the job. Completing the construction process alone is not enough to deliver a successful project. During construction, the project must minimize the impact to the community to gain their trust in meeting the City’s commitment to them. Public streets typically experience vehicular and pedestrian traffic. With our experience managing the construction of these types of projects, we understand the need to communicate effectively with the public, keep them informed of planned activities and when schedules change, and address their concerns in a timely manner. Public forums and other advanced notices are a great start for the community at large; however, once co nstruction begins it becomes more of an individual effort as the residents will be more concerne d with the direct impact to them as opposed to the community in general.
4LEAF’s field staff can assist the City with public outreach activities by making an initial site visit to each business and residence and provide them with contact information. Follow-up visits are in order once the contractor’s 3- week look-ahead schedule is provided, and we know the exact dates of when work will directly impact their location. Individual businesses and residences need to know when they will be directly impacted and that we will listen to their concerns including that access to their residence will be maintained, traffic controls will be monitored and maintained throughout th e project, construction noise will be minimized to the extent possible and only allowed during approved hours, access to park ing will be maintained per the project’s requirements, etc. They need to know we care about their concerns and will do whatever possible to minimize the impact.
Traffic Control
Traffic control is a key issue in maintaining safe conditions on any public works improvement project and keeping positive relations with the public. 4LEAF’s on-site staff will coordinate with the business and property owners along the project route as well as the contractor so that businesses and residents are notified in advance when any work along their driveway entrance s are scheduled. Our staff will not only provide sufficient notification to businesses and property owners of upcoming work and the work hours but will also ensure the contractor performs the work when scheduled.
4LEAF’s on-site staff will continuous ly monitor the contractor’s traffic control measures and ensure they are in place before the start of each workday, maintained throughout the workday, and in place at the end of each workday. This will include ensu ring the contractor provides all the required notification signage and the appropriate number of flagmen. If necessary, 4LEAF will request police pa trol to enforce safe traffic speeds during construction throughout the project limits.
Schedule Management
The 4LEAF team will perform a detailed review of the contractor’s baseline schedule to ensure all the controlling operation’s durations, critical path, and order of work follow a logical sequence to the project completion. We will then monitor the contractor’s progress throughout the project and compare it to their baseline schedule, so we can identify any deviations of the contract comple tion date as soon as possible; therefore, giving the contractor ample time to develop and present their plan on getting the project back on schedule.
To accomplish tasks in the time frame allotted and to further ensure the success of the project, we will do the following to provide good schedule management throughout the project:
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 13 OF 17
We will consistently review and monitor the project schedule to ensure the contractor is updating the schedule frequently and providing 3-week look-ahead schedules. We will request updates as appropriate, and track delays or accelerations based on actual contractor operations.
We will continually assess critical project items to assist in determining the best use of schedule float in the contractors’ critical path method (CPM) schedules to avoid down time. We will coordinate regularly with the City regarding all construction activities and impacts to the baseline and 3-week look-ahead schedules.
We will recommend introducing various phasing option s to deal with potential worst-case scenarios in scheduling for the project such as concurrent project delays, inclement weather delays, etc. We will include “what if” meetings as the project progresses; for example, what if we accelerate a portion of construction- how would that affect the overall CPM.
If schedule slippage occurs, we will immediately meet with the contractor to discuss ways in which to accelerate other portions of work. Another way to accommodate sli ppage in the schedule is to re-sequence work to make up for lost time.
Cost Management
Progress payments from the contractor will be reviewed, verified, and processed with recommendations for action. Payment requests, which must be returned to the Contractor, will be returned with a written explanation of any deficiencies in the payment request. Other financial controls 4LEAF will provide include the following:
We will review the project budget continually, performing “what if” scenarios to better manage costs and cash flow as the project moves forward.
We will establish, implement, and maintain cost monitoring and control procedures. We will carefully document all information related to manpower, equipment, and time for extra or force account work.
Quality Assurance
We understand that an effective Quality Assurance (QA) / Quality Control (QC) Plan is necessary to deliver a quality project and that the plan has a place in each stage of the project’s life. The accompanying graphic illustrates how Quality Assurance and Quality Control are at the heart of a project.
We believe that quality must be maintained as the ultimate priority of every person involved in a project. Without quality, the other elements of the project simply don’t matter.
We agree with the definition of an effe ctive Quality Management System as “not just one where good products and services are delivered” rather, an effective Quality Management System is one that continuously seeks to improve the products and services being delivered and the delivery processes used by the organization.
Quality Assurance Materials Testing
4LEAF will coordinate and schedule special inspections and materials testing with our team firm, CTS, for as- needed materials testing and special inspections. These inspections will be conducted per the project or relevant City / Caltrans Standard Specifications and additional project specific quality assurance requirements. 4LEAF will receive documentation for all tests, including retests, and observe and document the testing. We will notify the Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 14 OF 17
contractor immediately of any non-compliant test results and maintain test reports and logs of any verification tests performed.
Biological Support Services
4LEAF will coordinate and schedule our subconsultant, WRA, to perform nesting bird surveys to maintain compliance with the biological protections afforded by the Migratory Bird Treaty Act (MBTA), the California Fish and Game Code (CFGC), and the following Project-specific Conditions of Approval:
Pre-construction Surveys for Nesting Birds: If tree and vegetation removal or clearing and grubbing must occur during nesting bird season (February 1 to September 30), pre-construction surveys for nesting birds will be conducted by a qualified biologist no more than 72 hours prior to the start of construction.
Non-Disturbance Buffer for Nesting Birds: If work is to occur within 300 feet of active raptor nests or 50 feet of active passerine nests, WRA’s biologis t will recommend a non-disturbance buffer will be established at a distance sufficient to minimize di sturbance based on the nest location, topography, cover, the species’ sensitivity to disturbance, and the intensity/type of disturbance.
The contractor’s schedule and sequencing of work was not available at the time of preparation of this proposal; therefore, the number of nesting bird surveys that will be required for the Project is currently unknown. 4LEAF requested that WRA provide a “cost per trip” charge and we assumed five bird surveys may be required during the construction phase.
Contract Modifications, Extra Work, Change Orders and Claims
4LEAF will meet with the City to discuss utilizing any existing City change order tracking systems that are curr ently in place as well as suggest protocols for use on the project. Usin g the project’s contract document or Caltrans standards, 4LEAF will provide the City with assurance that the contractor is not presenting requests for change orders that are already included in the original scope of the contract. Our Construction Manager and / or Inspector will meet face-to-face with the contractor’s representative to gather more information on the nature of the potential change order. Quite often, a contractor only has a general knowledge of the plans and specifications and an item they feel is a change order may indeed be part of the plans and specifications of which they were not aware. We will ensure all potential changes and extra work requests to the contract have been reviewed and evaluated for cost and times impacts, and properly justify a response to the contractor . 4LEAF’s Construction Manager will review requests for change orders and extra work requests from the contractor for contractual and technical merit and prepare independent cost estimates and schedule analysis for the proposed work. If directed by the City, 4LEAF can nego tiate change orders on behalf of the City and prepare all required documents for execution by the City and the contractor. 4LEAF’s Construction Manager will keep the City informed of the cumulative cost and time impacts to the contract through a CCO log that will be updated upon execution of each change order. 4LEAF will take no action without the review and approval of the City.
We pride ourselves on maintaining positive working re lationships with the contra ctors that we work with, resulting in addressing most issues early enough to avoid potential claims. There will be times, however, that mutual agreements on issue resolution cannot be achieved . At that point, the contractor may issue a Notice of Potential Claim. If we become aware of a potential claim, 4LEAF will require the contractor to submit documentation supporting the claimed delay (including a time-impact analysis).
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
PROPOSAL TO PROVIDE CM SERVICES FOR THE CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT M AY 17, 2025 PAGE 15 OF 17
The 4LEAF team will compare the contra ctor’s initial baseline schedule, revised schedules, actual time of work activity, the contractor’s operational efficiencies, and the inspector’s daily reports to determine the source and contractual responsibility for all delay claims. If the analys is results in a resolution that favors the contractor’s stance on the issue, a CCO will be recommended. If this action does not adequately resolve the potential claim, 4LEAF’s Construction Manager will generate and compile all backup data, copies of reports and correspondence that pertain to the Notice of Potential Claim on the issue. We will include this backup data in a claim settlement report package in case the contractor goes through a claim on the unresolved issue. All such packages will be forwarded to the City with a cover letter with the facts as 4LEAF sees them and recommends actions, if any. A log of Notices of Potential Claims will be prepared and updated for discussion at regular City meetings and/or weekly progress meetings. We will work with the contractor on every unresolved issue throughout the life of the project with the goal of coming to a mutually agreeable re solution with the contractor prior to it escalating to higher levels of management.
POST-CONSTRUCTION PHASE
The post-construction and contract closeout phases cons ist of three distinct clos eout elements: physical closeout, document closeout, and fiscal closeout.
Physical closeout consists of a series of inspections performed to document that the work is complete to one of two levels: (1) Substantial Completion – when work, or a designated portion of the work, is sufficiently complete that the client or the public may utilize it; or (2) Final Completion – acceptance by the client that the project is completed in full.
Applicable certificates will be issued at each stage of completion, and punch lists will be updated during each inspection.
Document closeout is the process of assembling and transferring th e required contract files from 4LEAF to the City when the contract is complete. Documents typically include project correspondence, change orders, change notices, RFIs, submittals, warrantees, and claims. 4LEAF w ill prepare a completion report that includes all the necessary documents and provide a hard copy and electronic copy of the report to the City. 4LEAF’s Inspector will compare the contractor’s “as-builts” to his as-builts and will submit drawings to the designer.
Fiscal closeout includes the review of contract administration (submittal log, RFI log, punch lists, etc.), accounting, and financial functions to confirm they are coordinated with physical closeout functions to ensure that no outstanding financial liability is present after the final payments / retentions are made to the contractor.
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
APPENDIX A
DETAILED COST ESTIMATE
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A Cost Estimate to Perform Construction Management, Inspection, Bird Survey, and Materials Testing/Special Inspection Services for the City of Alameda Clement Ave. / Tilden Way Improvement Project May 17, 2025
Task
Sub
Task Task Description
PIC / PM (4LEAF)
Construction Manager (4LEAF)
Construction Inspector (4LEAF)
(Regular time)
Construction Inspector (4LEAF)
(Day Shift OT)
Public Works Inspector
Apprentice
Total Hours Per Task
Cost Per Task Notes
Hourly Rate 220.00 180.00 157.04 212.00 97.85 See Notes (a), (b), & (c). 1 Preconstruction Phas e Hours Hours Hours Hours Hours Hours 1a Attend Teleconference Kickoff Meeting w/ Client. 1 1 1 0 3 $557 1b Coordinate and Perform Visual Pre-Construction Project Site Condition Documentation. 0 4 32 0 36 $5,745
1c Review Conformed Set of Project Plans and Specifications. 1 32 12 0 45 $7,864 See Note (d) 1d Prepare for and Chair Pre-Construction Conference
Meeting. 1 16 4 0 21 $3,728
1e Receive and Process Early Contractor Submittals. 0 32 0 0 32 $5,760 See Note (e). 1f Miscellaneous Pre-Construction Tasks. 0 40 8 0 48 $8,456 1g Project Management. 4 0 0 0 4 $880
Task 1 Subtotal: 7 125 57
0 189 $32,991
2 Construction Phase Hours Hours Hours Hours Hours Hours See Notes (e) & (f) 2a Perform Construction Management. 0 2,240 0 0 2,240 $403,200 2b Perform Construction Inspections. 00 2,240 0 2,240 $351,770 2c Project Management. 40 0 0 0 40 $8,800
2d Quality Assurance Materials Testing and Special Inspection (CTS) $83,277 See Note (g).
2e Nesting Bird Survey Support Services (WRA). $16,500 See Note (h). 2f Document Control Software (Procore). $31,230 See Note (i). 2g 10% Administrative Processing Fee on Subconsultants $13,101 Task 2 Subtotal: 4
0 2,240 2,240 0 4,520 $907,878
3 Post Construction Phase Hours Hours Hours Hours Hours Hours 3a Final Inspections and Provide Red-Lined Set of Plans to Client. 0 8 32 0 40 $6,465
3b Construction Management - Project Closeout. 0 50 0 0 50 $9,000 3c Project Management. 8 0 0 0 8 $1,760
Task 3 Subtotal:
8 58 32 0 98 $17,225
TOTAL (4LEAF + CTS + WRA): 55 2,423 2,329 0 4,807 $958,094 4 Public Works Inspection Apprenticeship (if Required ) Hours Hours Hours Hours Hours Hours 4a Provide Public Works Inspection Apprentice 0 0 0 0 448 448 $43,837 See Notes (a) and (b).
Task 4 Subtotal (Apprentice Only) 0 0 0 0 448 448 $43,837 TOTAL [4LEAF + CTS + WRA + Apprentice (if required)] 55 2,423 2,329 0 448 5,255 $1,001,931 Notes:
(i) Preliminatry, conservative budgetary estimate. For estimating purposes, Procore's license fees are assumed to be $2,500 for every $1 M of construction costs per calendar year. (a) Assumes project will require compliance with California Prevailing Wage rate requirements under SB 854, and the Client will be required to file a PWC-100 Form to the California Department of Industrial Relations for the project.
(b) Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the City to the CA DIR, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 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 1 Apprentice as defined by the DIR's Wage Determination dated 8/22. 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. (c) 4LEAF staff will be supplied with typical tools of the trade to perform their daily tasks (e.g. cell phone, laptop computer, and PPE). (f) Per information provided by the City, assumes a Project award date of July 15, 2025 and construction starting in mid September 2025. the Project must be completed before December 31, 2026 due to grant deadlines. The City assumed allowing 280 Working Days for the Construction Phase. No construction schedule from the contractor was available at the time of preparation of this cost estimate. For estimating purposes, we have assumed one, full- time Construction Manager at 8 hours per day for 280 Working Days during the Construction Phase and one full-time Construction Inspector at 8 hours per day at regular-time rate for 280 Working Days. Does not include any allowance for over time, nighttime, weekend, or holiday work. If overtime, nighttime, weekend, or holiday work is required, the requirements for these hours will be billed in accordance with California Prevailing Wage Law requirements. If construction duration extends past 270 working days or the contractor works more than 8 hours per day during the project, 4LEAF will submit a budget amendment request. (d) Not intended as a Constructibility Review but for 4LEAF staff to come up to speed on the project. (e) Assumes the City will provide budget for the Project Design Team to remain engaged and available during the pre-construction and construction phase to provide responses to design clarificatons, RFIs, Submittals, etc. (g) Budgetary Estimate Only. Assumes Materials Testing and Special Inspection costs are approximately 1% of the estimated construction costs. 4LEAF will request CTS prepare a detailed cost estimate when the Conformed Set of Plans and Specs are available.
(h) Budgetary Placeholder. See attached cost estimate from WRA dated May 16, 2025 for "cost per trip charge" based on a unit-cost basis. As discussed with the City on 5/8/25, no contractor schedule was available to identify when they will be doing tree or vegetation removal in the various areas of the site and if the activity would be performed during or outside of the nesting bird season (February 1 to September 30). Therefore, it is unknown how many site visits would be necessary for this activitity. 4LEAF requested that WRA prepare a "cost per trip" estimate and we assumed 5 site visits for purposes of this cost estimate. Per the Technical Specifications, consultations with a qualified biologist will be necessary to develop non-disturbance buffer zones for nesting birds if work is to occur within 300 feet of active raptor nests or 50 feet of active passerine nests. If more than 5 site visits are needed by WRA, 4LEAF will submit a written change order request to the City. 1 of 1
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A 2025 FEE SCHEDULE - City of Alameda Clement Ave. / Tilden Way Improvements 04/30/2025
PERSONNEL FEES AND BASIS OF CHARGES
INSPECTIONS, ENGINEERING & SPECIAL SERVICES
Standard Discounted
* FIELD INSPECTION AND LABORATORY SERVICE Rate/Hour Rate/Hour Steel Visual $250.00
Nondestructive - VT, UT, MT, PT $255.00
Steel Visual/UT Combination $255.00
Steel Shop Inspections – Outside Northern California $250.00 Concrete ACI $250.00 $165.00
Concrete ICC $250.00 $165.00
Masonry $250.00
Fireproofing $250.00
Firestopping (ICC/IFC) $250.00
Shear Wall Nailing/Framing/Hold Downs $250.00
Soils/Earthwork Technician w/Nuclear Gauge and/or Sand Cone (portal-to-portal) $250.00 $165.00 Hot Mix Asphalt Technician (portal-to-portal) $250.00 $165.00 Shoring/Soldier Piers $250.00
Roofing & Waterproofing $250.00
NACE Coating Inspection - Level II $300.00
NACE Coating Inspection - Level III $360.00
Med-Gas 6020 $250.00
Multi-Disciplined Inspector $250.00
Inspector Requiring G1 Pay Grade $300.00
Specialty Inspector or Where Formal Certification is Required $250.00 Field Inspector with Special Enhancement $250.00
DSA Masonry Inspector $255.00
Safety Manager/Safety Inspector/Jobsite Safety Accountability Supervisor (JSAS) $520.00 Laboratory Technician $250.00
Additional Sample Preparation Time $250.00
Technician Typist $250.00
**PROFESSIONAL ENGINEERING SERVICES
Principal Engineer (Civil/Structural) $385.00
Geotechnical Engineer $340.00
Professional Geologist $325.00
Consulting Engineer (Civil/Structural) $320.00
Associate Engineer, Licensed $280.00
Project Manager/Project Executive $250.00 $200.00
Staff Engineer $250.00 $200.00
Field Supervision $250.00 $200.00
ASNT Level III $300.00
Drafting $185.00
Quality Control Manager $275.00
SPECIAL SERVICES
Portable and Mobile Laboratories, NDT and Soils, Concrete, Asphalt QOR * Epoxy Bolt/Expansion Anchor - Installation Observation $250.00 $165.00 * Epoxy Bolt/Expansion Anchor Proof Load Testing (portal-to-portal) $250.00 $165.00 * Coring, 1 Person (including equipment) (portal-to-portal) $325.00 * Coring, 2 Persons (including equipment) (portal-to-portal) $480.00 * Asphalt Coring (portal-to-portal) $350.00
Steel - Dye Penetrant Testing $255.00
Project Research QOR
Ultrasonic Testing for Non-Metallic Materials QOR
Pavement Rehabilitation Analysis Using Deflections QOR Roof Moisture Survey QOR
Soil Drilling Equipment QOR
Geotechnical Site Investigations/Foundation Reports QOR Estimating Concrete Strength by the Maturity Method - Equipment Fee $125/kit ASTM C1074 QOR CSL/Crosshole Sonic Logging QOR
Vector Mapping QOR
Roof Uplift Testing QOR
Inclinometer Testing QOR
Vibration Moniroring/Accelerometer QOR
Tilt Monitoring QOR
External Windows And Doors Dynamic Water Penetration Testing AAMA 501.1 QOR Curtain Wall Testing AAMA 501.2 QOR
Ground Penetrating Radar QOR
DCP - Dynamic Cone Penetrometer QOR
Gamma-Gamma Logging of CIDH Piles (Daily Rate) CT233 $3,610.00 FGIA/AAMA Window and Skylight Testing (Daily Rate) ASTM E1105, AAMA 501.2, 502 503 $3,610.00 Pachometer, Schmidt Hammer, Windsor Probe, Skidmore - Equipment Fee $115/Day (portal-to-portal) $360.00 Ultrasonic Pulse Velocity Testing - Equipment Fee $250/Day (portal-to-portal) ASTM C597 $710.00 Impact Echo Testing - Equipment Fee $250/Day (portal-to-portal) ASTM C1383 $360.00 Floor Flatness Testing FF/FL - Equipment Fee $115/Day (portal-to-portal) ASTM E1155 $360.00 Surface Frictional Properties Using Pendulum Tester - Equipment Fee $115/Day (portal-to-portal) ASTM E303 $360.00 Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $55/Kit (portal-to-portal) ASTM F1869 $360.00 Relative Humidity Testing - $75/Kit (portal-to-portal) ASTM F2170 $360.00 Ferroscan - Equipment Fee $115/day (portal-to-portal) $360.00 GPR - Equipment Fee $115/day (portal-to-portal) $410.00 Dynamic Cone Penetrometer - Equipment Fee $155/day $410.00 Administration, Secretarial, Special Projects, Notary, Certified Payroll $210.00 Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500) $385.00 Welding Procedure Review (less than 48 hours notice - $500) $385.00 Procedure Qualification Record (PQR) - Standard Procedure (document fee) $560.00 Welding Procedure Specification (WPS) - Standard Procedure (document fee) $560.00 Welder Qualification Test Record (WQTR) - Standard Procedure (document fee) $560.00 DSA Interim Reports $235.00
Geotechnical Pad Letter (less than 48 hours notice - $550) $410.00 Final Letter (less than 48 hours notice - $550) $410.00 $300.00
EXPERT WITNESS TESTIMONY
Court appearance, per day $3,010.00
Court appearance, per half day $2,010.00
* Field inspection and laboratory technician services will be billed in accordance with minimums shown on Basis of Charges. **Professional engineering services will be billed in two hour increments. inspecting
testing
engineering
All fees subject to Basis of Charges
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
BASIS OF CHARGES
GENERAL
Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services will be charged at applicable rates and will require travel and mileage charges for equipment transport and storage per code (portal to portal) from the nearest CTS laboratory. Soils testing with nuclear gauge and/or sand cone 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 special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client; charges are subject to change at any time. Construction Testing Services reserves the right to adjust the rates quoted in this contract based upon any Union or prevailing wage increases and/or changes in any industry requirements.
MINIMUM HOURLY CHARGES – INSPECTION
Technician personnel and the following minimum charges are contractual commitment:
One-half day or less 4 Hours
Over one-half day 8 Hours
Show-up time (less than 2 hours notice = 4 hour charge) 2 Hours
WORKING HOURS AND PREMIUM TIME
Regular workday 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 Overtime 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%/hour additional to base or quoted rate.
MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee $50.00/each
Facsimile Charges. Plus $1.00/page (n/c for cover page) $17.00/minimum Wireless Router/Data Card for Jobsite Internet $145.00/day iPad Monthly Rental Fee $110.00/month
Electronic Reporting Fees/Subscriptions (PlanGrid, BIM, etc.) At Cost Parking Fees At Cost
Air Travel Cost Plus 30%
Outside Services Cost Plus 40%
Subsistence (per Union contract) $140.00/day
Subsistence Premium: Meal Allowance (over 100 miles one way) (per Union contract) $34.00/day Subsistence Premium: Meal Allowance (over 150 miles one way) (per Union contract) $95.00/day Mileage Standard Federal Rate
Sample Pickup $40.00
Sample Pickup Trip Charge $250/hr
Weekend Sample Pickup $160.00/each
Project Administration 30% of Monthly Invoice 16% of Monthly Invoice Samples Made by Others: Concrete Cylinders $140 + Test
Samples Made by Others: All Other Tests $85.00 + Test
Laboratory Sample Witness Fee $140.00
Laboratory Sample Storage Fee (per sample) $130.00
EZ Cure Boxes (Thermostatically Controlled Curing Boxes) QOR Returned Check Fee $160.00
Additional Sample Retention QOR
ELAS User $25.00/month
Certified Payroll $210/month
TESTS
Testing fees shown include normal time for prepraring, storing and performing test and will be charged regardless if samples are requested to be discarded and not tested. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for tests not listed will be quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests may be tested by subconsultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.
INSURANCE
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 1.5% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. Attorney’s fees or other costs incurred in collecting any delinquent amount shall be paid by client. Visa, MasterCard and American Express payments are accepted however fees will apply. Visa and MasterCard payments require an additional 3% on top of the amount of the invoice being paid. American Express payments require an additional 4% on top of the amount of the invoice being paid.
inspecting
testing
engineering
All fees subject to Basis of Charges
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
CONCRETE AND MASONRY TESTS
Standard Discounted
CONCRETE Rate/Each Rate/Each
Compressive Strength of Cylindrical Concrete Specimens (6x12) ASTM C39 and CT521 $105.00 $75.00 Compressive Strength of Cylindrical Concrete Specimens (4x8) ASTM C39 and CT521 $105.00 $75.00 Compressive Strength of Cylindrical Concrete Specimens (Over 8000 PSI) ASTM C39 and CT521 $180.00 Cylinder molds. 6” x 12” and 4" x 8" ASTM C470 $100.00 Compressive Strength of Lightweight Insulating Concrete ASTM C495 $120.00 Compressive Strength of Cylindrical Concrete Core and Sawed Beam Specimens ASTM C42 $155.00 Flexural Toughness of Fiber Reinforced Concrete (Round Panel) ASTM C1550 $565.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) ASTM C78 $365.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) CT523 and CT524 $365.00 Length Change of Hardened Hydraulic-Cement Mortar and Concrete (Shrinkage, 1 Sample) ASTM C157 $190.00 Shotcrete Nozzleman Qualification Letter (Per Nozzleman, Per Position) ACI 506, ASTM C42 and C1140 $515.00 Shotcrete Pre-Qualification Cores (Compression and Visual) ACI 506, ASTM C42 and C1140 $140.00 Shotcrete Production Cores ASTM C1140 $140.00
Coefficient of Thermal Expansion AASHTO T336 $590.00
Determining Density of Structural Lightweight Concrete (Cylinders) ASTM C567 $465.00 Standard Specification for Concrete Made by Volumetric Batching and Mixing ASTM C685 $3,005.00 Cement Quality Sampling CBC 2010 $715.00
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete ASTM C472 $80.00 Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C496 $285.00 Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression ASTM C469 $265.00 Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room CBC $175.00 Density of Hydraulic Cement ASTM C188 $235.00
Testing of Controlled Low Strength Material (CLSM) Test Cylinders ASTM D4832 $190.00 GFRC Pull Test PCI $455.00
GFRC Flexural Test PCI $455.00
Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell-Crete) ASTM C796 $615.00
MASONRY
Compressive Testing of Grout (Masonry) ASTM C1019 $150.00 Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens ASTM C109 $150.00 Compressive Strength of Masonry Prisms ASTM C1314 $225.00 Testing Concrete Masonry Units and Related Units (Core Compression) CBC 2105A.4 $225.00 Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample) ASTM C780 A7.6 $150.00 Testing Concrete Masonry Units (CMU) and Related Units (Full Unit) ASTM C140 $225.00 Linear Drying Shrinkage of Concrete Masonry Units (Per Unit) ASTM C426 $330.00 Masonry Core Shear Testing CBC 2105A.4 $330.00
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight) ASTM C140 $405.00 Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate, efflorescence)* ASTM C67 $1,065.00 Mortar Molds. 2” x 4”. Single Use $150.00
Mortar or Grout, Stored and Cured, Not Tested (Including Mold) $150.00 Veneer Bond Testing, does not include sample fabrication (Set of 5) ASTM C482 $540.00
AGGREGATES (CONCRETE AND SOILS)
Sieve Analysis of Coarse Aggregates (Coarse Only 2" - No.4)(sample size over 2" QOR) ASTM C136, CT202, and AASHTO T-27 $260.00 Sieve Analysis of Fine Aggregates (Fine Only, Wash Included No.4 - No.200) ASTM C136/C117, CT202, and AASHTO T-
27/AASHTO T-11 $330.00
Sieve Analysis of Combined Fine and Coarse Aggregates (Wash Included 2" - No.200) (sample size over 2" QOR)
ASTM C136/C117, CT202, and AASHTO T-
27/AASHTO T-11 $415.00
Materials Finer Than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing (200 Wash) ASTM C117, CT202, and AASHTO T-11 $260.00 Evaluating Cleanness of Coarse Aggregate CT227 $415.00
Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C88, CT214, and AASHTO T-104 $905.00 Bulk Density/Unit Weight of Aggregate ASTM C29, CT212, and AASHTO T-19 $240.00 Clay Lumps and Friable Particles in Aggregates ASTM C142 and AASHTO T-19 $265.00 Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate ASTM D4791 and CT235 $430.00 Organic Impurities in Fine Aggregates for Concrete ASTM C40 and CT213 $430.00 Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate ASTM C127, CT206, and AASHTO T-85 $430.00 Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate ASTM C128, CT207, and AASHTO T-84 $430.00 Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C131, C211, and AASHTO T-96 $580.00
Resistance to Degradation of Large Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C535 $580.00
Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate ASTM D5821, CT205, and AASHTO T-335 $465.00 Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture, and Grading) ASTM C1252, CT234, and AASHTO T304A $465.00
Sand Equivalent Value of Soils and Fine Aggregate ASTM D2419, CT217, and AASHTO T-176 $330.00 Durability Index (Fine) ASTM D3744, CT229, AASHTO T-210 $465.00 Durability Index (Coarse) ASTM D3744, CT229, AASHTO T-210 $465.00 Durability Index (Fine and Coarse) ASTM D3744, CT229, AASHTO T-210 $605.00 Lightweight Particles in Aggregate ASTM C123 and AASHTO T113 QOR Resistance of Rock to Wetting and Drying CRD-C169 $640.00 Aggregate Moisture Content ASTM C566 $640.00
*Unusual sample preparation for brick specimen will be charged at the established hourlylab technician rate. Cost for test is for samples will not be discounted for samples discarded. inspecting
testing
engineering
All fees subject to Basis of Charges
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
SOILS AND AGGREGATE SERVICES AND TESTS
Standard
SOILS Rate/Each
Moisture Content of Soil by Oven ASTM D2216, CT226, and AASHTO T-265 $185.00 Moisture Content of Soil by Microwave Oven ASTM D4643 $240.00 Density and Unit Weight of Soil Specimens (Moisture Density) ASTM D7263 $265.00 Density of Soil in Place by the Drive-Cylinder Method including Moisture Content of Soil by Oven ASTM D2937 $270.00 Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (Permeability) ASTM D5084 $615.00 Permeability Additional Cell Time $50.00
Remold of Soil Samples Varies $165.00
Direct Shear Test of Soils Under Consolidated Drained Conditions (per point) ASTM D3080 $615.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (2-4") (three points) ASTM D4767 $1,575.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points) ASTM D4767 $625.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point) ASTM D4767 $625.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (includes 3 points)(includes Pore Pressures) ASTM D4767 $1,965.00
Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points)(includes Pore Pressures) ASTM D4767 $665.00
Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point)(includes Pore Pressures) ASTM D4767 $665.00
Unconsolidated Undrained Triaxial Compression Test for Cohesive Soils (per point) ASTM D2850 $270.00 Unconsolidated Undrained Triaxial Compression Test for Cohesive Soils with added backpressure saturation (per point) ASTM D2850 $330.00
One-Dimensional Consolidation Properties of Soils Using Incremental Loading ASTM D2435 $590.00 Unconfined Compressive Strength of Cohesive Soil ASTM D2166 and CT221 $505.00 Compressive Strength of Molded Soil-Cement Cylinders ASTM D1633 $505.00 Particle-Size Analysis of Soils (with Hydrometer) ASTM D422 $675.00 Particle-Size Analysis of Soils (without Hydrometer) ASTM D422 $615.00 Particle-Size Distribution of Fine Grained Soils using Sedimentation Analysis ASTM D7928 and ASTM D422 $615.00 Particle-Size Distribution (Gradation) of Soils Using Sieve Analysis (2" - No.200) (sample size over 2" QOR) ASTM D6913 $400.00
Material Finer than No.200 by Washing (200 Wash) ASTM D1140 $250.00 Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM D4318 and CT204 $615.00 Determination of Organic Soils Classification using Liquid Limit of Soils ASTM D4318/D2487 $790.00 Organic Content of Soils and Peat ASTM D2974 $345.00
Unified Soil Classification System (USCS) Test ASTM D2487 $365.00 Moisture-Density Relations of Soil Using Modified Effort (Modified Proctor) ASTM D1557 $540.00 Moisture-Density Relations of Soil Using Standard Effort (Standard Proctor) ASTM D698 $540.00 Moisture-Density Relations of Soil Using Modified DWR Method DWR Modified $540.00 Moisture-Density Relations of Soil Using Rapid Compaction Method ASTM D5080 $540.00 Moisture-Density Relations of Soil-Cement Mixtures ASTM D558 $540.00 Moisture-Density Relations of Soil, 1 Point Check Point ASTM D698 $415.00 Moisture-Density Relations of Soil, 2 Point Check Point ASTM D698 $465.00 Moisture-Density Relations of Soil, 3 Point Check Point ASTM D698 $540.00 Moisture-Density Relations of Soil, 1 Point Check Point ASTM D1557 $415.00 Moisture-Density Relations of Soil, 2 Point Check Point ASTM D1557 $465.00 Moisture-Density Relations of Soil, 3 Point Check Point ASTM D1557 $540.00 Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 $565.00 Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 $345.00 Maximum Dry Unit Weight of Granular Soils Using a Vibrating Hammer ASTM D7382 $515.00 Relative Compaction of Untreated and Treated Soils and Aggregates CT216 $615.00 Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement Soils by the Stabiliometer ASTM D2844 and CT301 $755.00
Expansion Index of Soils ASTM D4829 $515.00
Standard Test Methods for Specific Gravity of Soil Solids by Water Pycnometer ASTM D854 $415.00 pH of Soils ASTM D4972 $565.00
Density of Hydraulic Cement ASTM C188 $390.00
Volatile Organic Content EPA 8260B QOR
Semi Volatile Organics by GC/Ms (Basic Target List) EPA 8270C QOR Total Organic Carbon ASTM 2974/EPA 5310Bm QOR
ICP Metals Concentration EPA 6020 - CAM/CCR 17 QOR
Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes, %SS EPA 8015B QOR ICP Metals Concentration EPA 6020 QOR
pH EPA 9045D $615.00
Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR Chromium Soluble EPA 7196A QOR
Caltrans Corrosivity Package $655.00
Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water CT643 QOR Soils and Waters for Sulfate Content CT417 QOR
Soils and Waters for Chloride Content CT422 QOR
Pore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer ASTM D4542 $715.00 California Bearing Ratio Test (does not include moisture density relations) ASTM D1883 $755.00 Bentonite Slurry Testing QOR
Unconfined Compressive Strength of Lime Treated Soils and Aggregates CT 373 (4 pts) $1,510.00 Unconfined Compressive Strength of Lime Treated Soils and Aggregates CT 373 (3 pts) $1,135.00 * Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at established rates for laboratory technician. Cost for test is for samples will not be discounted for samples discarded. ** Does not include sample preparation or sieve analysis inspecting
testing
engineering
All fees subject to Basis of Charges
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
ASPHALTIC CONCRETE SERVICES AND TESTS
Standard
HOT MIX ASPHALT Rate/Each
Thickness/Height of Compacted Bituminous Paving Mixture Specimens Field Cores ASTM D3549 and CT308 $215.00 Bulk Specific Gravity of Compacted Bituminous Mixture (Individual field cores or lab compacted) ASTM D1188, ASTM D2726, CT308, AASHTO T-166, and AASHTO T-275
$330.00
Lab Compaction Only of Bituminous Mixture by Marshall Apparatus (Marshall) (Per Specimen) ASTM D6926 $330.00 Lab Compaction Only of Bituminous Mixture by CA Kneading Compactor (HVEEM) (Per Specimen) ASTM D1561, CT304, and AASHTO T-247 $330.00 Lab Compaction Only of Bituminous Mixture by Superpave Gyratory (Superpave) (Per Specimen) ASTM D6925, and AASHTO T-312 $330.00 Laboratory Test Max Density (LTMD) (5 Specimen, includes compaction of specimen and bulk specific gravity)
ASTM D1561/(D1188 and D2726) and
CT304/CT308
$1,165.00
Superpave Bulk specific gravity (includes gyratory compaction of 3 specimen and bulk specific gravity) AASHTO T-312/T-275/T-166 $1,165.00 Marshal Lab Compacted Max Density (3 Specimen, includes compaction of specimen and bulk specific gravity)
ASTM D6926/(D1188 and D2726) $1,165.00
Theoretical Maximum Specific Gravity and Density (Rice) ASTM D2041, CT309, and AASHTO T-209 $515.00 Marshall Stability and Flow of Bituminous Mixtures (average Set of 3, includes sample compaction) ASTM D6926/ASTM D6927 $1,165.00 Measuring the Permeability of Bituminous Pavements and Seal Coats CT341 QOR Swell of Bituminous Mixtures CT305 $455.00
Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt ASTM D1461 and CT307 $1,015.00 Stabilometer Value of field compacted cores (Per Specimen) ASTM D1560, CT366, and AASHTO T-246 $460.00 Stabilometer Value of Lab compacted samples (Average of 3 Specimen, Includes Sample Compaction) ASTM D1561/D1560, CT304/CT366, and AASHTO T-247/T-246
$1,165.00
Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method ASTM D6307, CT382, and AASHTO T-308 $465.00 Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method ASTM D6307, CT382, and AASHTO T-308 $1,505.00 Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent) ASTM D2172 and CT310 $815.00 Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate (Afterburn Gradation) ASTM D5444, CT202, and AASHTO T-30 $465.00 Moisture Content of Bituminous Mixture CT370 and AASHTO T-329 $490.00 Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6) ASTM D1075 $3,715.00 Compressive Strength of Bituminous Mixtures ASTM D1074 $365.00 Hamburg Wheel Track (includes compaction by gyratory)(includes 2 runs) AASHTO T324/ CT389 $4,015.00 Tensile Strength Ratio (TSR) Moisture Susceptibility (includes compaction of 6 Specimen ASTM D4867 and AASHTO T-283 $4,015.00 Tensile Strength Ratio (TSR) Moisture Susceptibility (includes compaction of 12 Specimen) CT371 $6,015.00 Indirect Tensile (IDT) Strength of Bituminous Mixtures ASTM D6931 $3,765.00 Air Voids Calculation of Compacted Bituminous Mixture ASTM D3203, CT367, and AASHTO T-269 $230.00 PG Verification (Determining Low Temperature Performance Grade (PG) of Asphalt Binders) ASTM 6816 QOR Voids In Mineral Aggregate MS-2 Asphalt Mixture Volumetrics QOR Dust Proportion MS-2 Asphalt Mixture Volumetrics QOR
MECHANICAL TESTS AND FIREPROOFING
MATERIALS MECHANICAL TESTS
Mechanical Testing of Steel Products (General Tensile) ASTM A370 $565.00 Fillet Weld Break Test for Qualification (Welding) AWS B4.0 $265.00 Tension Testing of Metallic Materials, Tension Testing Wrought and Cast Aluminum and Magnesium-Alloy Products, (Welding Coupon Tensile)
ASTM E8, B557 and AWS B4.0 $565.00
Mechanical Testing of Steel Products (Couplers); #3-#11 ASTM A370/ CT670 $755.00 Mechanical Testing of Steel Products (Couplers); #14+ ASTM A370/ CT670 $1,505.00 Caltrans Welded Hoop Tensile Test Caltrans Spec Section 52, CT 670 $455.00 Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic Materials
ASTM E2248 and ASTM E23 QOR
Testing, Practices, and Terminology for Chemical Analysis of Steel Products ASTM A751 $390.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #3-#8 ASTM A370 and E290 $455.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #9-#11 ASTM A370 and E290 $515.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+ ASTM A370 and E290 $1,505.00 Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete Reinforcement
ASTM A370, A82 and A185 $515.00
Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds ASTM E190 and AWS B4.0 $365.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts Only (Tension and Yield)
ASTM F307, F1554 and F606 $615.00
Rockwell Hardness of Metallic Materials ASTM E18 $200.00 Proof Test for Carbon and Alloy Steel (Nuts Only) ASTM A194 or A563 $390.00 Radiographic Examination of Metallic Castings/Weldments ASTM E94, E1030 and E1032 QOR Macroetching Metals and Alloys ASTM E340, E381 and AWS $390.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, Direct Tension Indicators, and Rivets (HSB Assemblies)
ASTM F606 $440.00
Mechanical Testing of Steel Products (Terminators Tensile) ASTM A370 $440.00 Strength for Sewn or Bonded Seams of Geotextiles ASTM D4884 $390.00 Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure ASTM D2261 $390.00 Breaking Strength and Elongation of Textile Fabrics (Grab Test) ASTM D5034 $340.00 Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars ASTM D3039 $1,065.00 Steel Strand, Uncoated Seven-Wire for Prestressed Concrete (Set of 2) ASTM A416 and A1061 $1,615.00
FIREPROOFING
Thickness and Density of Sprayed Fire-Resistive Material (SFRM) ASTM E605 $310.00 Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only) ASTM E736 $100.00
CONTACT INFORMATION
Headquarters: 2118 Rheem Drive • Pleasanton, CA 94588 • P 925.462.5151 • F 925.462.5183 Peninsula: 1793 Union Street • San Francisco, CA 94123 • P 415.334.4747 • F 415.438.2357 Oakland: 246 30th Street, Suite 101 • Oakland, CA 94601 • P 510.444.4747 • F 510.835.1825 San Jose: 2033 Gateway Place, #500 • San Jose, CA 95110 • P 408.573.6992 • F 408.437.1201 Stockton: 343 East Main Street, #711 • Stockton, CA 95202 • P 209.507.7555 • F 209.507.7554 Rocklin: 4400 Yankee Hill Road • Rocklin, CA 95677 • P 916.419.4747 • F 916.419.4774 Las Vegas: 3842 E. Post Road • Las Vegas, NV 89120 • P 702.257.4747 • F 702.257.4718 inspecting
testing
engineering
All fees subject to Basis of Charges
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A 2169-G East Francisco Blvd, San Rafael, CA, 94901
Ph: 415.454.8868 | wra-ca.com
CLEMENT AVE. / TILDEN WAY IMPROVEMENT PROJECT
NESTING BIRD SURVEY AND COMPLIANCE REPORT
Scope of Work and Estimated Cost
Prepared for:
Gene A. Barry
4LEAF, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
[email protected]
May 16
, 2025
WRA PROJECT NO. 350037-11
PURPOSE
The purpose of this Scope of Work is to provide biological support for construction activities at the Clement Ave. / Tilden Way Improvement Project located in the City of Alameda, Alameda County, California (Project Area). Construction activities including clearing, grubbing, vegetation and tree removal, concrete and asphalt improvements and landscaping are anticipated at this address during the 2025 nesting bird season (defined as February 1 to September 30). Trees, structures and/or vegetation throughout the Project Area may serve as potential bird nesting habitat; therefore, a pre-construction nesting bird survey has been requested by 4LEAF, Inc. (Client) to maintain compliance with the biological protections afforded by the Migratory Bird Treaty Act (MBTA), the California Fish and Game Code (CFGC), and the following Project-specific Conditions of Approval:
Pre-c
onstruction Surveys for Nesting Birds: If tree and vegetation removal or clearing and grubbing must occur during nesting bird season (February 1 to September 30), pre- construction surveys for nesting birds will be conducted by a qualified biologist no more than 72 hours prior to the start of construction.
Non
-Disturbance Buffer for Nesting Birds: If work is to occur within 300 feet of active raptor nests or 50 feet of active passerine nests, a non-disturbance buffer will be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the species’ sensitivity to disturbance, and the intensity/type of disturbance.
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A Clement Ave. / Tilden Way Improvement Project- Nesting Bird Survey | WRA #350037-11 Scope of Work | May 2025
2 WORK PRODUCTS
• Nesting bird survey summary report detailing species identified, nests discovered within the Project Area, and recommendations for future compliance measures.
SCOPE OF WORK
The following tasks
TASK 1: Pre-Construction Nesting Bird Survey and Report Within 72 hours prior to the start of Project construction activities during the 2025 avian nesting season (February 1 to September 30), WRA will conduct a nesting bird survey of the Project Area, focusing on potential nesting substrates and avian behaviors. Birds within the survey area will be monitored for potential nesting behaviors to determine if active nesting is occurring. If active nests are found, WRA will recommend no-work exclusion buffers based on the species observed, tolerance to disturbance, and location of the nest.
WR
A will produce a nesting bird survey report describing the results of pre-construction survey(s), establishment of nest buffers (if applicable), and an estimate for when the nest(s) will become inactive via fledging of the young. The survey report will document compliance and will be suitable for submittal to the City of Alameda’s Planning Division and appropriate regulatory bodies, if necessary. No follow-up surveys are included in this task.
TA
SK 2 (optional): Follow-up Bird Nest Status Survey
If one or more active bird nests are discovered within the surveyed area, a follow-up site visit will likely be necessary to determine the status of the nest(s) and determine the point at which the nest(s) will become inactive, and non-disturbance buffer(s) can be removed. This site visit will be targeted to assess existing bird nest(s) only. Status of nest(s) and their respective buffers will be communicated to the Client directly after the site visit via phone or email. This task also includes an update to the survey report produced in Task 1 to indicate the final status of any active bird nest(s).
SCHEDULE
Work can begin upon execution of this Scope of Work. For Task 1, WRA will coordinate with the Client or contractor to ensure scheduling within the appropriate survey window based on specific Project needs. The pre-construction survey report will be provided to the Client as soon as possible after the survey date.
STAFFING
Rob Schell will be the Principal in Charge of the Project, and wildlife biologist Rachel Perpignani will be the Project Manager. The survey will be conducted by a qualified WRA biologist familiar with birds of the region and their nesting behaviors.
ASSUMPTIONS
The following assumptions have been made in the preparation of this Scope of Work:
• Services covered in this Scope of Work will be billed on a unit-cost basis. • The Client will ensure access to the property and notify any security management of WRA’s site inspections.
• The Client will provide any relevant regulatory documents in their possession to inform WRA of any specific survey requirements.
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A Clement Ave. / Tilden Way Improvement Project- Nesting Bird Survey | WRA #350037-11 Scope of Work | May 2025
3 • Any relevant previous environmental reports supplied to the Client should be copied and provided to WRA prior to the field investigation.
• The pre-construction survey results (Task 1) are considered valid for 72 hours from the date of the survey. If Project activities are delayed more than 72 following the survey, an additional survey may be required to ensure that the results of the initial survey are still accurate and compliant; additional Task 1 surveys may be initiated as many times as needed at the Client’s request via email and will be billed on a unit-cost basis. • If active bird nests are discovered during the initial survey, follow-up survey(s) may be necessary to determine nest status and to estimate removal date(s) of nest buffer(s).
Optional Task 2 includes budget for these follow-ups and will be initiated via email confirmation from the Client. Additional Task 2 surveys may be initiated as many times as needed at the Client’s request via email and will be billed on a unit-cost basis. • This Scope of Work includes provisions for the potential discovery of the nests of non- special-status, native bird species within the Project Area. Any special-status species or raptors discovered nesting within the Project Area may require specific considerations or measures; management of these species would require additional scope and budget which would be covered by a change order proposal.
• One written work product (nesting bird survey report) is included for each Task 1 unit awarded under this Scope of Work. Any further work products desired by the Client will require additional scope and budget which would be covered by a change order proposal. Updates based on discovered nests will be emailed to the Client.
ESTIMATED COST
The cost for the services described in this Scope of Work is provided below. Services will be billed on a unit-cost basis. This cost is based on the assumptions above and is subject to change based on the specific conditions encountered during the execution of this work. Task 2 will only be initiated based on email confirmation from the Client.
TASK # OF
UNITS UNIT COST TOTAL
COST
1. Pre-construction Nesting Bird Survey
and Report 1 $ 2,250 $ 2,250
2. (Optional) Follow-up Bird Nest Status
Survey -- $ 1,050 $ 1,050
TOTAL (Task 1 only): $2,250
TOTAL (all Tasks): $3,300
TERMS AND CONDITIONS
This Scope of Work is subject to WRA’s Standard Terms and Conditions, which are attached hereto and incorporated herein as Exhibit A.
(A
pproval / Signature Page Follows)
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A Clement Ave. / Tilden Way Improvement Project- Nesting Bird Survey | WRA #350037-11 Scope of Work | May 2025
4 APPROVAL TO PROCEED
To authorize WRA’s services and signify their mutual intent to be legally bound by this Scope of Work and Exhibit A, authorized representatives of the parties hereby execute this agreement, effective upon the date when both parties have signed below.
For
Client
____________________________________________
________________ _________________
Signature Date
____________________________________________
________________
Printed Name and Title
____________________________________________
________________
Email Address
Bi
lling Information:
____________________________________________
_______________________________________
Name and Email (if different from above)
Fo
r WRA
____________________________________________
________________ _________________
Signature Date
____________________________________________
________________
Printed Name and Title
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A A-1
EXHIBIT A
WRA, INC. – STANDARD TERMS AND CONDITIONS
1. STANDARD OF CARE: The standard of care for all professional services performed or furnished by WRA under this Agreement will be consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in the same locale under similar circumstances . No other warranty, express or implied, is made or intended as related to the services provided. All estimates, recommendations, and opinions of WRA will be based upon the information available to WRA at the time. Any such estimates, recommendations, and opinions are not a guarantee or warranty as to a specific outcome or result. Further, Client agrees that WRA is not offering investment advice or services.
2. SCOPE OF WORK; CHANGES: The services to be performed under this Agreement are outlined in the attached Scope of Work. Client understands that laws and regulations are constantly changing, and that the reactions of government agencies and the public cannot be predicted. WRA shall not be liable for any delay that results from any cause beyond its reasonable control. In the event of a change to WRA’s scope of services, the compensation and timing for services under this Agreement shall be adjusted by mutual agreement of the parties in the form of a written Change Order that is executed by both parties. If Client requests that WRA procure certain materials, the parties shall execute a Change Order.
3. ESTIMATED COST; PAYMENT: The cost of WRA’s services is outlined in the attached Scope of Work, based on the assumptions and limitations outlined therein. Labor rates are subject to an annual increase each January, but stated costs will not be exceeded without written authorization from Client. Reimbursable expenses, including subcontractors and equipment, are charged at cost plus ten percent (10%). WRA will invoice Client for its services monthly , based on time (in minimum increments of .25 hours) and expenses for actual work completed, or based on the percentage of work completed if a fixed fee is arranged. Payment is due within 30 days after Client’s receipt of the invoice. A service charge of one and one half percent (1.5%) per month may be added to account balances over 30 days past due. If Client disagrees with any portion of an invoice, it shall promptly notify WRA and pay the portion not in dispute. If WRA requires Client to pay a portion of the estimated cost in advance, this amount will be applied to invoices until it is exhausted. If WRA requires Client to pay a “retainer,” the retainer amount will be held and applied only to the final invoice under the Scope of Work.
4. CONFIDENTIALITY: All data, documents, discussions and other information received from and developed for Client in performance of this Agreement are assumed to be confidential and will not be disclosed to any person, except as authorized in writing by Client, or as required by law. Information shall not be deemed confidential if it is or has become generally known without any breach by WRA of this Agreement, or was rightfully acquired by WRA from a third party who was entitled to disclose the information without confidentiality or proprietary restrictions.
5. WORK PRODUCTS: Reports , data and other products of WRA’s services under this Agreement are for the sole use of Client. Client understands and agrees that all work products resulting from WRA’s efforts are intended solely for purposes of this Agreement, and that any reuse or modifications for purposes outside this Agreement shall be at Client’s sole risk.
6. CLIENT DUTIES: Client agrees to (a) provide all known requirements for, and all known information pertinent to, the Scope of Work; (b) provide or arrange for legal access and entry to project sites; (c) provide any notices required to enable WRA’s services, or provide WRA with authorization to provide such notices; (d) give prompt written notice to WRA whenever Client becomes aware of any development that affects the scope or timing of WRA’s services; (e) make reasonable efforts to ensure safe working conditions for WRA staff, including prompt notice of any known hazardous conditions at project sites.
If the presence of an unanticipated hazardous condition is discovered during the performance of services under this Agreement, WRA shall notify C lient and cease work. Under such circumstances, WRA will be entitled to an equitable adjustment to the compensation and timing for services under this Agreement. A minimum of 4 hours per staff member will be charged to Client for staff who are mobilized for work that is canceled by the Client with less than 12 hours’ notice, or if unanticipated hazardous conditions discovered while at the site cause WRA staff to cease work . Client shall be fully responsible for any costs, delays, or penalties that result from Client’s non-compliance with applicable laws, or due to any error, inaccuracy, ambiguity, or omission in the information provided by Client to WRA.
7. LEGAL COUNSEL: WRA may provide guidance related to government regulations; however, WRA will not and does not provide legal advice, and Client is advised to consult with independent legal counsel in order to interpret current laws related to regulatory compliance. Client should also consult legal counsel prior to taking any actions on project sites , either before or after permit issuance. Client assumes full responsibility for all of its own actions conducted on project sites that may lead to enforcement actions by the federal or state government, or other quasi-regulatory or administrative agency, including any and all liabilities arising out of such enforcement actions.
8. NONDISCRIMINATION: WRA and Client shall abide by the requirements of 41 CFR Parts 60 et seq. (which implement Executive Order No. 11246, Equal Employment Opportunity) and any other applicable federal statutes, orders, regulations, and policies. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A A-2
sex, or national origin. Moreover, these regulations require that covered consultants take affirmative action to employ and advance individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.
9. LIMITATION OF LIABILITY: In no event, whether as a result of breach of contract, warranty, tort (including negligence and strict liability) or otherwise, shall WRA or Client be liable for any special, consequential, incidental, or punitive damages.
WRA’s maximum liability to Client for any and all loss or damage arising out of this Agreement shall be limited to the repair, replacement or re- performance of the delivered s ervices, or if repair, replacement or re- performance is impossible or impractical, then to the insurance proceeds made available to WRA for such liability.
10. INDEMNIFICATION: Client and WRA each agree to indemnify and hold harmless the other party and its officers, directors, partners, and employees, from all liabilities arising from claims by third parties, including reasonable attorneys’ fees and expenses, solely to the extent they are actually caused by the negligence or willful misconduct of the indemnifying party arising out of the performance of this Agreement, and subject to any limitations of liability contained in this Agreement . If WRA’s services include construction management, WRA has no duty to direct or supervise any separate consultants or contractors of Client, or to provide their means, methods, or sequences, or to stop or otherwise suspend their activities.
WRA shall not be responsible for the failure of Client’s separate consultants or contractors to fulfill their responsibilities, and Client agrees to indemnify and hold harmless WRA against any liabilities arising out of such failures.
11. TERMINATION: Either party may terminate the Agreement (a) in the event of a material breach by the other party that is not cured within seven (7) days after receipt of written notice of such breach, or (b) for any reason upon ten (10) days’ advance written notice to the other party . All work properly completed up to the effective notice of termination will be due and payable by Client, and all deliverables prepared by WRA up to such time shall be provided to Client.
12. FORCE MAJEURE: Neither party shall be responsible for delay in the performance of its obligations under this Agreement caused by an occurrence or circumstance beyond its control, including but not limited to, severe weather or other natural catastrophes; terrorism, war, riots, strikes, lockouts o r other disturbances; or acts of the government or any governmental agencies. To the extent that WRA’s services are delayed by such events, WRA will be entitled to an equitable adjustment to the timing for services under this Agreement.
13. DISPUTE RESOLUTION; ATTORNEY’S FEES: Client and WRA agree that any disputes related to this Agreement shall first be submitted to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this Agreement. Each party is responsible for payment of its own share of costs for mediation. In the event any legal action is commenced to enforce this Agreement, the prevailing party in such action is entitled to reimbursement of reasonable attorney’s fees, costs, and expenses incurred.
14. GOVERNING LAW: This Agreement and any action for claims arising out of it shall be governed by and construed in accordance with the laws of the State of California. The parties irrevocably and unconditionally submit to the exclusive jurisdiction and venue (and waive any objections as to laying of venue) of (a) the United States District Court for the Northern District of California (San Francisco) or, if such court lacks subject matter jurisdiction, (b) the Superior Courts of the State of California, County of Marin.
15. NOTICES: Any notice provided for under this Agreement will be given in writing to the parties at the physical and/or email addresses set forth in the Scope of Work, or to such other addresses as either party may later specify. Notice shall be effective on the date of service if served personally, upon delivery by a nationally recognized express courier, upon receipt if mailed by certified first class U.S. mail, or upon delivery by email.
16. OTHER PROVISIONS: This Agreement, including the attached Scope of Work, constitutes the entire agreement between the parties relating to the subject matter contained herein, and supersede all prior and contemporaneous representations, agreements, or understandings between the parties , except to the extent the parties have executed a separate confidentiality or non-disclosure agreement, which shall remain in full force and effect. If any provision of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the other provisions shall remain in full force an d effect. No amendment or supplement of this Agreement shall be binding unless in writing signed by both parties. No waiver of any one provision of this Agreement shall constitute a waiver of any other provi sion. Except for permitted successors , assigns, and WRA subsidiaries and affiliates, this Agreement shall not operate for the benefit of any third parties. Neither party may assign this Agreement without the prior written consent of the other . The section headings herein are provided for convenience, and shall not be taken into consideration in the interpretation of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the use of electronic signatures for the execution of this Agreement shall be legally binding and shall have the same full force and effect as if signatures were by hand. v.2024-1
Exhibit A
Docusign Envelope ID: AFE373D8-5A4B-4779-BB93-A432FA2BA945 Docusign Envelope ID: D4958456-397B-4E82-86E3-A89A700A0469 Docusign Envelope ID: DFA35E21-5327-4124-A37E-5A47CCEE197A
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAX PHONE
(A/C, No): (A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY LOC PRODUCTS - COMP/OP AGG JECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE LLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE W ILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
6/6/2025
License # 0C41366
(925) 462-8400 (925) 462-8888
25674
4LEAF, Inc.
2126 Rheem Dr
Pleasanton, CA 94588
25682
20044
A
1,000,000
X X 6806X631656 3/15/2025 3/15/2026 1,000,000
5,000
1,000,000
2,000,000
2,000,000
1,000,000
B
X X BA6X632782 3/15/2025 3/15/2026
6,000,000 A
CUP6X635599 3/15/2025 3/15/2026 6,000,000
0 C
X FOWC623693 3/15/2025 3/15/2026 1,000,000
1,000,000
1,000,000
D Professional Liab FRS-H-P-PL-00012109-01 3/15/2025 Each Claim 2,000,000 D FRS-H-P-PL-00012109-01 3/15/2025 3/15/2026 Aggregate 4,000,000 The attached forms apply as required per written co ntract or written agreements between the listed par ties and the insured, which are subject to the policy provisions. In the absence of such written contract or written agreement the attached form may not be applicable.
City of Alameda, its City Council, boards, commissi ons, officials, employees, agents, and volunteers i s Additional Insured as respects to General Liability and Automobile Liability per Forms CG D3 81 09 15 and C A T3 53 02 15. Primary and Non-Contributory applie s to General Liability and Automobile Liability policies per attached endorsements CG D3 81 09 15 a nd CA T4 74 02 16. Waivers of subrogation apply to General Liability, Automobile Liability and Worker s Compensation policies per attached endorsements CG D3 81 09 15, CA T3 53 02 15 and WC 99 04 10 C. Umb rella Liability Policy Follows Form over underlying General Liability Policy.
City of Alameda
950 West Mall Square, Room 110
Alameda, CA 94501
4LEAINC-01 MINED1
Granite Professional Insurance Brokerage, Inc.
360 Lindbergh Avenue
Livermore, CA 94551
[email protected]
Travelers Property Casualty Company of America
Travelers Indemnity Company of Connecticut
Berkshire Hathaway Homestate
HDI Global Specialty SE
X
3/15/2026
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