OAK #4818-2196-0582 v1
MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 14th day of March, 2022, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and 4LEAF, Inc. [a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires Construction Management, Inspections and Material Testing services in connection with the North Pacifica Pedestrian Improvement Project; and WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
ATTACHMENT "B"
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order (“Cost Ceiling”).
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until December 31, 2022 (the "Term").
Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Sam Bautista, its Deputy Public Works Director/City Engineer, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Gene Barry as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: City Manager
540 Crespi Drive
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Gene Barry, Vice President
4Leaf, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Phone: (925) 462-5959
Facsimile: 925) 462-5958
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.11. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.12. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.13. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
CONSULTANT
By: Date
Attest:
By: ___________________________
Sarah Coffey, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
EXHIBIT A
TASK ORDER
EXAMPLE OF
TASK ORDER NO. ________
CITY OF PACIFICA
AND
__________________________
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct _______________ to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and _______________ (“CONSULTANT”) hereto dated ________________ (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed ____________________ ($____________) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by _________________ or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this _______ day of _____, _______.
[Signatures on Next Page]
CITY OF PACIFICA
By: Date
___________, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
_______________________________
By: Date
By: Date
ATTACHMENT “A”
SCOPE OF SERVICES
ATTACHMENT “B”
COMPENSATION
TASK ORDER NO. 1
CITY OF PACIFICA AND
4LEAF, INC.
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct 4Leaf, Inc. to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and 4Leaf, Inc., (“CONSULTANT”) hereto dated March 14, 2022 (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed Fifty-five thousand three hundred eighty-nine and zero /100 ($55,389.00) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed within 60 working days or as extended in writing by the City Engineer.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this 14
th day of March 2022
CITY OF PACIFICA
By: Date: __________________
Kevin Woodhouse, City Manager
Approved As To Form:
By: Date: __________________
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: 4LEAF, INC.
By: Date: __________________
Gene Barry, Vice President
ATTACHMENT “A”
SCOPE OF SERVICES
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 March 04, 2022
Ray Donguines, P.E.
Senior Civil Engineer
Engineering Division
151 Milagra Drive
Pacifica, CA 94044
Submitted via E‐mail as Acrobat PDF Document to [email protected] RE: Cost Proposal to Provide Part‐Time Construction Management, Construction Inspection, and Materials Testing Services for the City of Pacifica North Pacifica Pedestrian Improvements Project.
Dear Mr. Donguines:
4LEAF, Inc. (4LEAF) appreciates the opportunity to submit our Cost Proposal to provide Part‐time Construction Management (CM), Construction Inspection, and Materials Testing services to the City of Pacifica (“City”) Engineering Division for the North Pacifica Pedestrian Improvements Project (“Project”).
The attached Cost Proposal provides a detailed breakdown of our estimated level of effort and includes the following general assumptions:
Part‐time CM / Inspection services for an estimated construction duration of 40 working days.
We have assumed a level of effort of up to 6 hours per day for the Construction Inspector during the construction phase. We note that a contractor’s construction schedule was not available to 4LEAF at the time of preparation of our cost estimate.
Special Inspection and Testing services by oursubconsultant, Construction Testing Services(CTS).
We have included a conservative budgetary line item for this scope in our cost proposal. Labor Compliance Monitoring services will be performed by City staff. Per your requests on previous proposals, our estimate includes a line item for a 10% contingency. 4LEAF appreciates the opportunity to provide this revised Cost Proposal to the City. If you have any questions, please contact me by phone at (925) 462‐5959 or via e‐mail at [email protected].
Respectfully Submitted,
4LEAF, Inc.
Gene Barry, P.E.
Vice President
Attachment:
Detailed Cost Estimate.
ATTACHMENT “B”
COMPENSATION
Cost Estimate to Provide Part‐Time Construction Management, Inspection, and Materials Testing Services for the City of Pacifica, North Pacifica Pedestrian Improvements Project March 4, 2022
Task
Sub
Task Task Description
Principal‐In‐Charge(4LEAF)Construction Manager(4LEAF)Construction Inspector(4LEAF)Construction Manager / Inspector(4LEAF) ‐ OTPublic Works Inspector
ApprenticeTotal Hours Per Task
Cost Per Task
Notes
Hourly Rate $191 $158 $148 $200 $95
See Notes (a) through (e)
1 Preconstruction Phase Hours Hours Hours Hours Hours
1.1 Attend Video Conference Call Kickoff Meeting w/ Client. 1110 3 $339
1.2 Coordinate, Perform, and Document Pre‐Construction Project Site Condition Inspection. 0 2 12 0 14 $1,776
1.3 Review Conformed Set of Contract Documents. 1480 13 $1,375 See Note (f).
1.4 Prepare for and Chair Virtual Pre‐Construction Meeting. 1440 9 $783
1.5 Misc. Mtgs and Pre‐Construciton Project Coordination w/ the City and Other Stakeholders. 0 4 8 0 12 $1,184
1.6 Setup Project Filing System. 1400 5 $191 See Note (g).
1.7 Process Contractor Early Submittals. 0 8 4 0 12 $592 See Note (h).
Task 1 Subtotal: 4 27 37 0 68 $6,240
2 Construction Phase Hours Hours Hours Hours Hours
2.1 Perform Construction Management and Inspections. 0 50 240 0 290 $35,520 See Note (i).
2.2 Project Management. 8000 8 $1,528
2.4 Special Inspections and Materials Testing (CTS). $5,000 See Note (j).
2.5 Administrative Processing Fee on Subconsultants and Outside Services (10%). $500
Task 2 Subtotal: 8 50 240 0 298 $42,548
3 Post Construction Phase Hours Hours Hours Hours Hours
3.1 Final Inspections and Provide Red‐Lined Set of Drawings to Client. 0080 8 $1,184
3.2 Construction Management ‐ Project Closeout. 0 8 0 0 8 $0
3.3 Project Management. 2000 2 $382
Task 3 Subtotal: 2 8 8 0 18 $1,566
4 Project Contingency Hours Hours Hours Hours Hours
4a 10% Contingency. 5,035 See Note (k).
Task 4 Subtotal: 0000 0 5,035
Subtotal (4LEAF + CTS + Contingency): 14 85 285 0 384 $55,389 5 Public Works Inspection Apprenticeship (if Required) Hours Hours Hours Hours Hours Hours
5.1 Provide Public Works Inspection Apprentice 0 0 0 0 48 48 $4,560 See Notes (a) and (b).
Task 4 Subtotal (Apprentice Only) 0 0 0 0 48 48 $4,560
TOTAL (4LEAF + Apprentice if required) 14 85 285 0 48 432 $59,949 Notes:
(k) Per City requests on previous proposals, includes a 10% Contingency. (d) Does not include scope for performing Labor Compliance Monitoring services or verification that the contractor and subcontractors are uploading payroll information to DIR's website. Assumes these tasks will be performed by City staff.
(e) Assumes that any advance Public outreach (e.g. producing and distributing fliers, letters, signage, etc.) will be performed by the City. During construction, 4LEAF's Part‐time Inspector will provide the City with daily verbal or e‐mail updates on construction progress.
(a) Assumes project will require compliance with California Prevailing Wage rate requirements under SB 854, and the City will be required to file a PWC‐100 Form to the California Department of Industrial Relations for the project. (j) Budgetary placeholder estimate only. If selected 4LEAF will request a written proposal from our subcontractor, CTS, to provide special inspection and materials testing services. (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 2/21. 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. (f) Not intended as a Biddability and Constructability Review. Only includes a review of the conformed set of contract documents for 4LEAF staff to get up to speed with project prior to the Pre‐Construction meeting. (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). Assumes no construction trailer for the Project. (i) Per information provided by the City via e‐mails on 2/09/22 and 3/4/22, the Project is expected to start construction in May 2022 and the City is requesting part‐time CM and Inspection services. Per the project specifications, the allowable time in the contract for the contractor to perform the work is 40 working days. No contractor schedule was made available to 4LEAF at the time of preparation of this cost estimate. For estimating purposes, we have assumed one, part‐time CM for performing construction administration tasks and one, part‐time Construction Inspector at up to 6 hours per day at regular time rate for 40 Working Days. Does not include any hours for additional overtime or any weekend, holiday, or nighttime work. If additional overtime or any weekend, holiday, or nighttime work are required or the construction duration exceeds 4LEAF's assumtion of 40 working days, 4LEAF will submit a written budget amendment request to the City.
(g) Assumes 4LEAF's Part‐time CM and Part‐time Inspector will utilize Microsoft SharePoint uploading/downloading/sharing daily reports, submittals, RFIs, change orders, etc. (h) Assumes the City will be responsible for reviewing and approving submittals (e.g. Traffic Control Plan, AC and concrete mix designs, engineered materials, striping, etc.) as the Project's Designer of Record. 1 of 1