Consultant Services Agreement
4LEAF, Inc.
Amendment #1
OAK #4817-6120-9406 v3
CONSULTANT SERVICES AGREEMENT
AMENDMENT #1
This AMENDMENT NUMBER 1 is entered into as of the 25th day of October, 2021, by and between the CITY OF PACIFICA, herein called the “City,” and 4LEAF, Inc. herein called the “Consultant.”
RECITALS
A. City desired to obtain Construction Inspection Services in connection with the Serra Drive Outfall Repair Project, and for that purpose entered into an agreement with Consultant dated August 9, 2021 (“Original Agreement”).
B. Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment #1.
C. City desires to authorize Consultant to provide the additional services described in this Amendment #1.
AGREEMENT
1. Scope of Services. The services to be provided are as outlined in the proposed Amendment No.1 provided to City by Consultant, dated October 22, 2021, and attached hereto as Exhibit A “Scope of Amendment #1 and incorporated by reference (“Additional Work”). Consultant shall perform such Additional Work as requested by Citythrough its staff from time to time.
2. Time of Performance. The services of Consultant are to commence upon direction to proceed from City staff and shall be undertaken and completed as necessary for City to comply with the U.S. Fish and Wildlife Service requirements imposed upon City.
3. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in the Original Agreement, and this Amendment #1. However, in no event shall the amount of Consultant’s compensation for the Additional Work exceed an additional Forty-Thousand and Fourteen dollars ($40,014.00). The total combined compensation for the Original Agreement and this Amendment #1 shall not exceed Ninety-Five Thousand Eight-Hundred and Forty-Nine dollars ($95,849.00). Payment by City under the Original Agreement, as amended, shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
Consultant Services Agreement
4LEAF, Inc.
Amendment #1
OAK #4817-6120-9406 v3
EXHIBIT A
SCOPE OF AMENDMENT #1
See attached Scope of Amendment #1 dated October 22, 2021 Engineering Construction Management Inspection Plan Check 2126 Rheem Drive Pleasanton, CA 94588 Phone (925) 462-5959 Fax (925) 462-5958 8896 North Winding Way Fair Oaks, CA 95628 Phone (916) 965-0010 Fax (916) 965-0013 City of Pacifica October 22, 2021
Lawrence Henriquez, P.E.
151 Milagra Drive
Pacifica, CA 94044
Submitted via E‐mail as Acrobat PDF Document to [email protected] RE: Proposal to Request Additional Budget for Task Order No. 2 to Provide Construction Inspection Services for the Serra Drive Outfall Repairs Project, City of Pacifica, CA.
Dear Mr. Henriquez,
4LEAF, Inc. (4LEAF) is providing our proposal to request additional budget to the existing Task Order No. 2 for providing Construction Inspection Services for the Serra Drive Outfall Repairs Project. The additional budget is required due to additional tasks listed below and the anticipated extension of the Project’s schedule through November 2021.
4LEAF is requesting a Budget Amendment in the amount of $40,014 (Forty Thousand and Fourteen Dollars) to perform the requested weekend biological surveys by our Construction Inspector, Chad Martin and continue weekday and weekend inspections through the project’s estimated completion in late November 2021. 4LEAF’s original estimate dated July 30, 2021, assumed 40 working days and did not have any budgeted hours or money for overtime, nighttime, weekend, or holiday work.
Biological Monitoring Support
The City of Pacifica requested that 4LEAF’s Construction Inspector, Chad Martin, perform biological surveys on weekends and Labor Day at the project site. The weekend and Labor Day surveys were required by the U.S. Fish & Wildlife Service since several California Red Legged Frogs (CRLF) have been encountered on site and relocated off site by WRA’s Biologists.
Based on the discussions between the City and WRA, 4LEAF’s Inspector will visit the site on non‐ working days (e.g. Saturdays, Sundays, and Labor Day) to confirm the dewatering pumps are operating. If any of the pumps have shut off and cannot be easily restarted by our Inspector, he will contact a representative with Sandstone to have them come to the site and fix the pump. Our Inspector will do a “sweep” of the work area for any protected or sensitive species that are listed in the Fish & Wildlife Permit prior to any personnel from Sandstone entering the work area. If any protected or sensitive species are identified, 4LEAF’s Inspector will contact WRA’s Biologist to relocate the species as allowed by the permit.
Based on the contractor’s baseline schedule, we have assumed the following level of effort and costs associated with our Inspector visiting the site during the upcoming five (5) weekends:
Five (5) Saturdays and Sundays: 30 hrs (10 days at 3 hrs/day) at the overtime rate of $194.40/hr.
One (1) Holiday (Labor Day): 3 hrs total at the overtime rate of $194.40/hr. Contingency (for instances when Inspector must remain on site during pump repair): 8 hrs at the overtime rate of $194.40/hr.
Budget Amendment Request for the
City of Pacifica Serra Drive Outfall Repair Project
2126 Rheem Drive Pleasanton, CA 94588 Phone (925) 462-5959 Fax (925) 462-5958 8896 North Winding Way Fair Oaks, CA 95628 Phone (916) 965-0010 Fax (916) 965-0013 Mileage (round trip from Inspector’s home in Fremont to the site): 90 miles/day at 11 days at $0.56/mile = $554 for this item.
Extended Project Schedule
As you know, the project schedule has extended past the original construction schedule of 40 working days and the City of Pacifica is now estimating a project completion date of November 12, 2021. Based on anticipated project burn rates, we previously communicated to the City that we anticipated expending our budget by October 17, 2021. Based on actual hours and mileage billed, we exceeded our budget by mid‐day on October 19, 2021, and we will need additional budget to complete the inspection tasks for the Project.
Based on the City’s request to the contractor to work additional hours and weekends as necessary to complete the project by or before November 12, 2021, we have assumed the following level of effort and costs associated for our Construction Inspector Chad Martin:
140 hours between October 20th and November 12, 2021 at the regular time rate of $144/hr (assuming 8 hours per day).
Work by the contractor on three (3) Saturdays (10/30, 11/6, 11/13): 24 hrs at the overtime rate of $194.40/hr.
Work by the contractor on three (3) Sundays (10/31, 11/7, 11/14): 24 hours at the double time rate of $266.40/hr.
Mileage (round trip from Inspector’s home in Fremont to the site): 90 miles/day at 6 days (for Saturday and Sunday work) at $0.56/mile.
Please note that additional budget may be necessary if the project’s duration extends past the end of November 2021. 4LEAF appreciates the opportunity to provide this proposal to the City. If you have any questions, please do not hesitate to call me at (925) 462‐5959 or via e‐mail at [email protected].
Respectfully Submitted,
4LEAF, Inc.
Gene Barry, P.E.
Vice President