The URL can be used to link to this page

24-057 4Leaf, Inc. for Construction Management Jollyman Park Project4Leaf, Inc. for Construction Management Jollyman Park Project Page 1 of 9 Professional/Consulting Contracts /Version: April 2024 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and 4Leaf, Inc (“Contractor”), a Corporation for Construction Management Jollyman Park Project, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2026. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4Leaf, Inc. for Construction Management Jollyman Park Project Page 2 of 9 Professional/Consulting Contracts /Version: April 2024 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $393,081.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this 4Leaf, Inc. for Construction Management Jollyman Park Project Page 3 of 9 Professional/Consulting Contracts /Version: April 2024 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative auth ority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product co pyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 4Leaf, Inc. for Construction Management Jollyman Park Project Page 4 of 9 Professional/Consulting Contracts /Version: April 2024 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor 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 consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance 4Leaf, Inc. for Construction Management Jollyman Park Project Page 5 of 9 Professional/Consulting Contracts /Version: April 2024 of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 4Leaf, Inc. for Construction Management Jollyman Park Project Page 6 of 9 Professional/Consulting Contracts /Version: April 2024 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Susan Michael as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Gene Barry as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 4Leaf, Inc. for Construction Management Jollyman Park Project Page 7 of 9 Professional/Consulting Contracts /Version: April 2024 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 4Leaf, Inc. for Construction Management Jollyman Park Project Page 8 of 9 Professional/Consulting Contracts /Version: April 2024 23. HEADINGS The headings 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. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Susan Michael Email: SusanM@cupertino.org To Contractor: 4Leaf, Inc. 2126 Rheem Dr. Pleasanton, CA 94588 Attention: Gene Barry Email: GBarry@4LeafInc.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4Leaf, Inc. for Construction Management Jollyman Park Project Page 9 of 9 Professional/Consulting Contracts /Version: April 2024 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Gene Barry Vice President May 23, 2024 Christopher D. Jensen Pamela Wu City Manager Jun 10, 2024 Jun 10, 2024 Construction Management • Inspection • Plan Check • Planning 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 Cupertino May 20, 2024 Susan Michael Capital Improvement Project Manager Public Works 10300 Torre Ave. Cupertino, CA 95014 Submitted via E-mail as Acrobat PDF Document to susanm@cupertino.gov RE: Updated Cost Estimate to Provide Construction Management and Inspection Services for the City of Cupertino All-Inclusive Playground at Jollyman Park. Dear Ms. Michael: 4LEAF, Inc. (“4LEAF”) appreciates the opportunity to submit our updated Cost Estimate to provide Construction Management (CM) and Inspection services for the City of Cupertino (“City”) Public Works All-Inclusive Playground at Jollyman Park Project (“Project”). This proposal supersedes 4LEAF’s Cost Estimate submitted to Evelyn Moran with the City on December 1, 2023, and updated Cost Estimate submitted to you on April 24, 2024. The attached updated Cost Estimate provides a detailed breakdown of our estimated level of effort and includes the following general assumptions: •One part-time Construction Manager at an average of 20 hours per week during the construction phase for a duration of 7.5 months. •One, Construction Inspector at 8 hours per day at regular time rate for 100 working days. Based on our recent conversation, this assumes that the Construction Inspector will not be required to be on site full-time for portions of the project (e.g. when above-ground items are being constructed and can be inspected periodically). We have also included a budgetary estimate for inspection hours at the overtime rate for an assumed 20 hours when the contractor works more than 8 hours /day. •Per your request, our estimate includes a cost proposal from our subconsultant, Construction Testing Services (“CTS”) to perform material testing and special inspections. It assumes that CTS will not assume the role of Geotechnical Engineer of Record for the project and will provide the special inspections identified on the Statement of Special Inspections form that was completed by the Design Engineer and provided to 4LEAF by the City. A copy of the Statement of Special Inspections form is provided as Attachment B of this proposal. •Per the City’s original request, our cost proposal does not include budget for performing detailed or in-depth labor compliance monitoring services that are typically provided by our subconsultant, Contractor Compliance & Monitoring, Inc. (CCMI). Our cost estimate does include budget for 4LEAF staff to provide intermittent and cursory reviews of contractor and subcontractor certified payroll information that is provided with the contractor pay applications. No construction schedule or defined construction start date was available at the time of submittal of this cost estimate so we are unable to identify specific staff that may be assigned to the Project at this time. EXHIBIT A, B AND C SC O P E O F S E R V I C E S & S C H E D U L E O F PE R F O R M A N C E : SC O P E O F S E R V I C E S Page 2 Updated Cost Estimate to Provide CM and Inspection Services for the City of Cupertino All-Inclusive Playground at Jollyman Park 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 Attachment C includes resumes for several staff that may be available for the project but please note that 4LEAF staff availability will be dependent on when the project begins and starts construction. 4LEAF appreciates the opportunity to provide this proposal to the City. If you have any questions, please do not hesitate to contact me by phone at (925) 462-5959 or by e-mail at gbarry@4leafinc.com. Respectfully Submitted, 4LEAF, Inc. Gene Barry, P.E. Vice President Attachment A – Detailed Cost Estimate Attachment B – Statement of Special Inspections Required for Project Attachment C – Resumes for Potential 4LEAF Staff Updated Cost Estimate to Perform Part-Time Construction Management and Full-Time Construction Inspection Services for the City of Cupertino All-Inclusive Playground at Jollyman Park May 20, 2024 Task Sub Task Task Description PI C / P M ( 4 L E A F ) Co n s t r u c t i o n M a n a g e r ( 4 L E A F ) Co n s t r u c t i o n I n s p e c t o r ( 4 L E A F ) (R e g u l a r t i m e ) Co n s t r u c t i o n I n s p e c t o r ( 4 L E A F ) (D a y S h i f t O T ) Pr o j e c t A s s i s t a n t Pu b l i c W o r k s I n s p e c t o r Ap p r e n t i c e To t a l H o u r s P e r T a s k Co s t P e r T a s k Notes Hourly Rate $207 $175 $156.67 $211.50 $105.00 $97.85 See Notes (a), (b), & (c). 1 Preconstruction Phase Hours Hours Hours Hours Hours Hours Hours 1a Attend Teleconference Kickoff Meeting w/ Client.1 1 1 0 0 3 $539 1b Perform Visual Pre-Construction Project Site Condition Documentation.0 2 16 0 0 18 $2,857 1c Review Conformed Set of Project Plans and Specifications.1 16 8 0 0 25 $4,260 See Note (d) 1d Prepare for and Chair Pre-Construction Conference Meeting.1 16 4 0 0 21 $3,634 1e Receive and Process Early Contractor Submittals.0 20 4 0 0 24 $4,127 See Note (e). 1f Miscellaneous Pre-Construction Tasks.0 20 16 0 0 36 $6,007 1g Project Management.2 0 0 0 0 2 $414 Task 1 Subtotal: 5 75 49 0 0 129 $21,837 2 Construction Phase Hours Hours Hours Hours Hours Hours Hours See Notes (e) & (f) 2a Perform Construction Management.0 600 0 0 0 600 $105,000 See Note (g) 2b Perform Construction Inspections.0 0 800 20 0 820 $129,566 See Note (g) 2c Receive and Process Subconsultant Invoices.0 0 0 0 15 15 $1,575 2c Project Management.30 0 0 0 30 $6,210 2d Materials Testing and Special Inspections (CTS).$70,688 See Note (h) Task 2 Subtotal: 30 600 800 20 15 1,465 $313,039 3 Post Construction Phase Hours Hours Hours Hours Hours Hours Hours 3a Final Inspections and Provide Red-Lined Set of Plans to Client.0 4 16 0 20 $3,207 3b Construction Management - Project Closeout.0 24 0 0 24 $4,200 3c Project Management.4 0 0 0 4 $828 Task 3 Subtotal: 4 28 16 0 0 48 $8,235 TOTAL (4LEAF + CTS): 39 703 865 20 15 1,642 $343,111 4 Public Works Inspection Apprenticeship (if Required)Hours Hours Hours Hours Hours Hours Hours 4a Provide Public Works Inspection Apprentice 0 0 0 0 0 160 160 $15,656 See Notes (a) and (b). Task 4 Subtotal (Apprentice Only)0 0 0 0 0 160 160 $15,656 TOTAL [4LEAF + CTS + Apprentice (if required)]39 703 865 20 15 160 1,802 $358,767 Notes: (d) Not intended as a Constructibility Review but for 4LEAF staff to come up to speed on the project. (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). (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. (f) No construction schedule was available at the time of preparation for this estimate. (g) Per additional information provided by Susan Michael with the City on 5/17/24 and a phone conversation between Susan and Gene Barry with 4LEAF on 5/20/24, the City requested that the estimate assume that full-time inspections won't be required throughout the project (for instance when the contractor is installing above-ground equipment). The City has not yet contracted with QLM (contractor who is apparent low bidder) and no construction schedule was available. For purposes of this revised estimate, we assumed the construction phase will have a duration of 150 working days (7.5 months). For estimating purposes, we have assumed one, part-time Construction Manager at 20 hrs/wk at 4 wks/mo at 7.5 months during the Construction Phase. We also assume a Construction Inspector at 8 hrs/day for 100 working days at regular-time rate and an assumed budgetary estimate of 20 hours at the overtime rate for instances when the contractor wokrs longer than 8 hours per day. This assumes that inspections will not be needed continuously during the construction phase. Does not include any allowance for additional OT or any nighttime, weekend, or holiday work. If additional 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 inspection frequencies exceed the assumed quantities, if the duration extends past 150 working days, or the contractor works more than 8 hours per day during the project, 4LEAF will submit a budget amendment request. 1 of 1 SC O P E O F S E R V I C E S A N D C O M P E N S A T I O N PRELIMINARY ESTIMATE: QUALITY ASSURANCE INSPECTIONS & TESTING DATE:05/20/2024 PROPOSAL No.:P24820 CLIENT:1248 - 4LEAF, Inc PROJECT:City of Cupertino, All-Inclusive Playground at Jollyman Park (4LEAF) 1000 S Stelling Rd LOCATION:Cupertino ITEM:I ESTIMATED ESTIMATED UNIT ESTIMATED ONSITE TESTING & INSPECTIONS DAYS HOURS PRICE TOTAL REINFORCING STEEL & CONCRETE FOOTINGS/GRADE BEAMS 4 4 $160.00 $2,560.00 WALLS & COLUMNS 4 8 $160.00 $5,120.00 SLAB ON GRADE 4 4 $160.00 $2,560.00 OTHER - MISC CONCRETE 4 4 $160.00 $2,560.00 MISC FIELD TESTING SERVICES EPOXY REBAR/BOLTS - INSTALL OBSERVATION 4 4 $160.00 $2,560.00 EPOXY REBAR/ BOLTS - PROOF LOADING/PULL TESTING (PORTAL TO PORTAL)4 4 $160.00 $2,560.00 EXPANSION/SCREW ANCHOR - INSTALL OBSERVATION 4 2 $160.00 $1,280.00 EXPANSION ANCHOR - TORQUE TESTING (PORTAL TO PORTAL)4 2 $160.00 $1,280.00 PORTAL TO PORTAL TRAVEL TIME - TEST EQUIPMENT TRANSPORT 8 2 $160.00 $2,560.00 PORTAL TO PORTAL MILEAGE - TEST EQUIPMENT TRANSPORT 8 80 $0.670 $428.80 SOILS & ASPHALT GRADING OBSERVATION 2 8 $160.00 $2,560.00 SOILS COMPACTION TESTING - SUBGRADE PREPARATION 2 8 $160.00 $2,560.00 SOILS COMPACTION TESTING - BUILDING PAD 1 8 $160.00 $1,280.00 SOILS COMPACTION TESTING - SITEWORK 6 4 $160.00 $3,840.00 SOILS COMPACTION TESTING - TRENCH BACKFILL 5 4 $160.00 $3,200.00 PORTAL TO PORTAL TRAVEL TIME - NUCLEAR GAUGE TRANSPORT 14 2 $160.00 $4,480.00 PORTAL TO PORTAL MILEAGE - NUCLEAR GAUGE TRANSPORT 14 80 $0.670 $750.40 Preliminary Sub-Total of Onsite Testing & Inspection (approx.)$42,139.20 ITEM:III ESTIMATED UNIT ESTIMATED LABORATORY TESTING & ENGINEERING UNIT/HOURS PRICE TOTAL CONCRETE COMPRESSION TESTS ( SET OF 5-4X8 CYLINDERS )75 $50.00 $3,750.00 SOIL GRADATION 2 $275.00 $550.00 SOIL PLASCIITY INDEX 2 $400.00 $800.00 SOIL MODIFIED PROCTOR 4 $350.00 $1,400.00 SAMPLE PICK-UPS 83 $30.00 $2,490.00 MIX DESIGN REVIEW 3 $310.00 $930.00 STAFF ENGINEER 8 $200.00 $1,600.00 FIELD SUPERVISION 4 $230.00 $920.00 PROJECT MANAGER 3 $200.00 $600.00 PRINCIPAL ENGINEER IN CHARGE 1 $365.00 $365.00 FINAL LETTER - ENGINEER REVIEW 2 $260.00 $520.00 FINAL LETTER 1 $310.00 $310.00 CERTIFIED PAYROLL 9 $180.00 $1,620.00 Preliminary Subtotal of Laboratory Testing & Engineering (approx.)$15,855.00 Preliminary Estimated Fees $57,994.20 Project Administration (12%)$6,959.30 Total Preliminary Estimated Fees $64,953.50 ITEM:IV ESTIMATED ESTIMATED UNIT ESTIMATED ADD ALTERNATE ITEMS DAYS UNIT/HOURS PRICE TOTAL REINFORCING STEEL & CONCRETE PIERS - CONCRETE PLACEMENT (SUN SHADE)4 4 $160.00 $2,560.00 PIER DRILLING OBSERVATION (SUN SHADE)4 4 $160.00 $2,560.00 Preliminary Sub-Total of Geotechnical Testing & Inspection (approx.)$5,120.00 Preliminary Estimated Fees $5,120.00 Project Administration (12%)$614.40 Total Preliminary Estimated Fees $5,734.40 *Steel shop price based on work being done in Northern California in one shop and one shift. If work is performed at night a 12.5% differential will be charged. **Estimate assumes that CTS will not be acting as the geotechnical engineer of record. Depending location of facility, travel time and mileage may apply. A 12% project administration fee will be charged monthly per invoice. No contingency is budgeted by CTS for uncontrollable overtime, union or prevailing wage increases and unforeseen requirements that may arise in the specifications, as well as for work over the estimated hours. Owner should budget appropriate amount for budgetary purposes. Estimate based on plans by KPFF Structural Engineers dated, 03/22/24. No construction schedule was available at the time this estimate was prepared. See attached fee schedule for basis of charges. The liability of Construction Testing Services (CTS) is limited to CTS's contract value. SUBCONSULTANT SCOPE OF SERVICES AND COMENSATION 2024 FEE SCHEDULE - P24820 05/20/2024 PERSONNEL FEES AND BASIS OF CHARGES INSPECTIONS, ENGINEERING & SPECIAL SERVICES Standard Discounted * FIELD INSPECTION AND LABORATORY SERVICE Rate/Hour Rate/Hour Steel Visual $245.00 Nondestructive - UT, MT, PT $250.00 Steel Visual/UT Combination $250.00 Steel Shop Inspections – Outside Northern California $245.00 Concrete ACI $245.00 $160.00 Concrete ICC $245.00 $160.00 Masonry $245.00 Fireproofing $245.00 Firestopping $245.00 Shear Wall Nailing/Framing/Hold Downs $245.00 Soil Technician w/Nuclear Gauge and/or Sand Cone (portal-to-portal)$245.00 $160.00 Asphalt Technician (portal-to-portal)$245.00 Shoring/Soldier Piers $245.00 Roofing & Waterproofing $245.00 NACE Coating Inspection - Level II $295.00 NACE Coating Inspection - Level III $355.00 Med-Gas 6020 $245.00 Multi-Disciplined Inspector $245.00 Inspector Requiring G1 Pay Grade $295.00 Specialty Inspector or Where Formal Certification is Required $245.00 Field Inspector with Special Enhancement $245.00 DSA Masonry Inspector $250.00 Safety Manager/Safety Inspector/Jobsite Safety Accountability Supervisor (JSAS)$515.00 Laboratory Technician $245.00 Additional Sample Preparation Time $245.00 Technician Typist $245.00 **PROFESSIONAL ENGINEERING SERVICES Principal Engineer (Civil/Structural)$380.00 $365.00 Geotechnical Engineer $335.00 Professional Geologist $320.00 Consulting Engineer (Civil/Structural)$315.00 Associate Engineer, Licensed $275.00 $260.00 Project Manager/Project Executive $245.00 $200.00 Staff Engineer $245.00 $200.00 Field Supervision $245.00 $230.00 ASNT Level III $295.00 Drafting $180.00 Quality Control Manager QOR SPECIAL SERVICES Portable and Mobile Laboratories, NDT and Soils QOR *Epoxy Bolt/Expansion Anchor - Installation Observation $245.00 $160.00 *Epoxy Bolt/Expansion Anchor Proof Load Testing (portal-to-portal)$245.00 $160.00 *Coring, 1 Person (including equipment) (portal-to-portal)$320.00 *Coring, 2 Persons (including equipment) (portal-to-portal)$475.00 *Asphalt Coring (portal-to-portal)$345.00 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 $3,605.00 FGIA/AAMA Window and Skylight Testing (Daily Rate)ASTM E1105, AAMA 501.2, 502 503 $3,605.00 Pachometer, Schmidt Hammer, Windsor Probe, Skidmore - Equipment Fee $115/Day (portal-to-portal)$355.00 Ultrasonic Pulse Velocity Testing - Equipment Fee $250/Day (portal-to-portal)ASTM C597 $705.00 Impact Echo Testing - Equipment Fee $250/Day (portal-to-portal)ASTM C1383 $355.00 Floor Flatness Testing FF/FL - Equipment Fee $115/Day (portal-to-portal)ASTM E1155 $355.00 Surface Frictional Properties Using Pendulum Tester - Equipment Fee $115/Day (portal-to-portal)ASTM E303 $355.00 Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $55/Kit (portal-to-portal)ASTM F1869 $355.00 Relative Humidity Testing - $75/Kit (portal-to-portal)ASTM F2170 $355.00 Ferroscan - Equipment Fee $115/day (portal-to-portal)$355.00 GPR - Equipment Fee $115/day (portal-to-portal)$405.00 Dynamic Cone Penetrometer - Equipment Fee $155/day $405.00 Administration, Secretarial, Special Projects, Notary, Certified Payroll $205.00 $180.00 Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500)$380.00 $310.00 Welding Procedure Review (less than 48 hours notice - $500)$380.00 $310.00 Procedure Qualification Record (PQR) - Standard Procedure (document fee)$555.00 Welding Procedure Specification (WPS) - Standard Procedure (document fee)$555.00 Welder Qualification Test Record (WQTR) - Standard Procedure (document fee)$555.00 DSA Interim Reports $230.00 Geotechnical Pad Letter (less than 48 hours notice - $550)$405.00 Final Letter (less than 48 hours notice - $550)$405.00 $310.00 EXPERT WITNESS TESTIMONY Court appearance, per day $3,005.00 Court appearance, per half day $2,005.00 * 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 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 $45.00/each Facsimile Charges. Plus $1.00/page (n/c for cover page)$12.00/minimum Wireless Router/Data Card for Jobsite Internet $140.00/day iPad Monthly Rental Fee $105.00/month Electronic Reporting Fees/Subscriptions (PlanGrid, BIM, etc.)At Cost Parking Fees At Cost Air Travel Cost Plus 20% Outside Services Cost Plus 30% Subsistence (per Union contract)$135.00/day Subsistence Premium: Meal Allowance (over 100 miles one way) (per Union contract)$35.00/day Subsistence Premium: Meal Allowance (over 150 miles one way) (per Union contract)$90.00/day Mileage Standard Federal Rate Sample Pickup $35.00/each $30.00/each Sample Pickup Trip Charge QOR Weekend Sample Pickup $155.00/each Project Administration 20% of Monthly Invoice 12% of Monthly Invoice Samples Made by Others: Concrete Cylinders $135 + Test Samples Made by Others: All Other Tests $80.00 + Test Laboratory Sample Witness Fee $135.00 Laboratory Sample Storage Fee (per sample)$125.00 EZ Cure Boxes (Thermostatically Controlled Curing Boxes)QOR Returned Check Fee $155.00 Additional Sample Retention QOR TESTS Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for tests not listed will be quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests 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 CONCRETE AND MASONRY TESTS Standard Discounted CONCRETE Rate/Each Rate/Each Compressive Strength of Cylindrical Concrete Specimens (6x12)ASTM C39 and CT521 $100.00 Compressive Strength of Cylindrical Concrete Specimens (4x8)ASTM C39 and CT521 $100.00 $50.00 Compressive Strength of Cylindrical Concrete Specimens (Over 8000 PSI)ASTM C39 and CT521 $175.00 Cylinder molds. 6” x 12” and 4" x 8"ASTM C470 $95.00 Compressive Strength of Lightweight Insulating Concrete ASTM C495 $115.00 Compressive Strength of Cylindrical Concrete Core and Sawed Beam Specimens ASTM C42 $150.00 Flexural Toughness of Fiber Reinforced Concrete (Round Panel)ASTM C1550 $560.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading)ASTM C78 $360.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading)CT523 and CT524 $360.00 Length Change of Hardened Hydraulic-Cement Mortar and Concrete (Shrinkage, 1 Sample)ASTM C157 $185.00 Shotcrete Nozzleman Qualification Letter (Per Nozzleman, Per Position)ACI 506, ASTM C42 and C1140 $510.00 Shotcrete Pre-Qualification Cores (Compression and Visual)ACI 506, ASTM C42 and C1140 $135.00 Shotcrete Production Cores ASTM C1140 $135.00 Coefficient of Thermal Expansion AASHTO T336 $585.00 Determining Density of Structural Lightweight Concrete (Cylinders)ASTM C567 $460.00 Standard Specification for Concrete Made by Volumetric Batching and Mixing ASTM C685 $3,000.00 Cement Quality Sampling CBC 2010 $710.00 Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete ASTM C472 $75.00 Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C496 $280.00 Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression ASTM C469 $260.00 Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room CBC $170.00 Density of Hydraulic Cement ASTM C188 $230.00 Testing of Controlled Low Strength Material (CLSM) Test Cylinders ASTM D4832 $185.00 GFRC Pull Test PCI $450.00 GFRC Flexural Test PCI $450.00 Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell-Crete)ASTM C796 $610.00 MASONRY Compressive Testing of Grout (Masonry)ASTM C1019 $145.00 Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens ASTM C109 $145.00 Compressive Strength of Masonry Prisms ASTM C1314 $220.00 Testing Concrete Masonry Units and Related Units (Core Compression)CBC 2105A.4 $220.00 Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample)ASTM C780 A7.6 $145.00 Testing Concrete Masonry Units (CMU) and Related Units (Full Unit)ASTM C140 $220.00 Linear Drying Shrinkage of Concrete Masonry Units (Per Unit)ASTM C426 $325.00 Masonry Core Shear Testing CBC 2105A.4 $325.00 Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight)ASTM C140 $400.00 Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate, efflorescence)*ASTM C67 $1,060.00 Mortar Molds. 2” x 4”. Single Use $145.00 Mortar or Grout, Stored and Cured, Not Tested (Including Mold)$145.00 Veneer Bond Testing, does not include sample fabrication (Set of 5)ASTM C482 $535.00 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 $255.00 Sieve Analysis of Fine Aggregates (Fine Only, Wash Included No.4 - No.200) ASTM C136/C117, CT202, and AASHTO T- 27/AASHTO T-11 $325.00 $275.00 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 $410.00 Materials Finer Than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing (200 Wash)ASTM C117, CT202, and AASHTO T-11 $255.00 Evaluating Cleanness of Coarse Aggregate CT227 $410.00 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C88, CT214, and AASHTO T-104 $900.00 Bulk Density/Unit Weight of Aggregate ASTM C29, CT212, and AASHTO T-19 $235.00 Clay Lumps and Friable Particles in Aggregates ASTM C142 and AASHTO T-19 $260.00 Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate ASTM D4791 and CT235 $425.00 Organic Impurities in Fine Aggregates for Concrete ASTM C40 and CT213 $425.00 Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate ASTM C127, CT206, and AASHTO T-85 $425.00 Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate ASTM C128, CT207, and AASHTO T-84 $425.00 Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C131, C211, and AASHTO T-96 $575.00 Resistance to Degradation of Large Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C535 $575.00 Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate ASTM D5821, CT205, and AASHTO T-335 $460.00 Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture, and Grading)ASTM C1252, CT234, and AASHTO T304A $460.00 Sand Equivalent Value of Soils and Fine Aggregate ASTM D2419, CT217, and AASHTO T-176 $325.00 Durability Index (Fine)ASTM D3744, CT229, AASHTO T-210 $460.00 Durability Index (Coarse)ASTM D3744, CT229, AASHTO T-210 $460.00 Durability Index (Fine and Coarse)ASTM D3744, CT229, AASHTO T-210 $600.00 Lightweight Particles in Aggregate ASTM C123 and AASHTO T113 QOR Resistance of Rock to Wetting and Drying CRD-C169 $635.00 Aggregate Moisture Content ASTM C566 $635.00 *Unusual sample preparation for brick specimen will be charged at the established hourly rate. inspecting testing engineering All fees subject to Basis of Charges SOILS AND AGGREGATE SERVICES AND TESTS Standard Discounted SOILS Rate/Each Rate/Each Moisture Content of Soil by Oven ASTM D2216, CT226, and AASHTO T-265 $180.00 Moisture Content of Soil by Microwave Oven ASTM D4643 $235.00 Density of Soil in Place by the Drive-Cylinder Method including Moisture Content of Soil by Oven ASTM D2937 $265.00 Remold of Soil Samples Varies $160.00 Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (Permeability)ASTM D5084 $610.00 Permeability Additional Cell Time $610.00 Direct Shear Test of Soils Under Consolidated Drained Conditions (per point)ASTM D3080 $610.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (three points)ASTM D4767 $1,110.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points)ASTM D4767 $385.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point)ASTM D4767 $385.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (includes 3 points)(includes Pore Pressures)ASTM D4767 $1,960.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points)(includes Pore Pressures)ASTM D4767 $660.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point)(includes Pore Pressures)ASTM D4767 $660.00 Unconsolidated Undrained Triaxial Compression Test for Cohesive Soils (per point)ASTM D2850 $195.00 Unconsolidated Undrained Triaxial Compression Test for Cohesive Soils with added backpressure saturation (per point)ASTM D2850 $325.00 One-Dimensional Consolidation Properties of Soils Using Incremental Loading ASTM D2435 $585.00 Unconfined Compressive Strength of Cohesive Soil ASTM D2166 and CT221 $500.00 Compressive Strength of Molded Soil-Cement Cylinders ASTM D1633 $500.00 Particle-Size Analysis of Soils (with Hydrometer)ASTM D422 $670.00 Particle-Size Analysis of Soils (without Hydrometer)ASTM D422 $610.00 Particle-Size Distribution of Fine Grained Soils using Sedimentation Analysis ASTM D7928 and ASTM D422 $610.00 Particle-Size Distribution (Gradation) of Soils Using Sieve Analysis (2" - No.200) (sample size over 2" QOR)ASTM D6913 $395.00 Material Finer than No.200 by Washing (200 Wash)ASTM D1140 $245.00 Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM D4318 and CT204 $610.00 $400.00 Determination of Organic Soils Classification using Liquid Limit of Soils ASTM D4318/D2487 $785.00 Organic Content of Soils and Peat ASTM D2974 $340.00 Unified Soil Classification System (USCS) Test ASTM D2487 $360.00 Moisture-Density Relations of Soil Using Modified Effort (Modified Proctor)ASTM D1557 $535.00 $310.00 Moisture-Density Relations of Soil Using Standard Effort (Standard Proctor)ASTM D698 $535.00 Moisture-Density Relations of Soil Using Modified DWR Method DWR Modified $535.00 Moisture-Density Relations of Soil Using Rapid Compaction Method ASTM D5080 $535.00 Moisture-Density Relations of Soil-Cement Mixtures ASTM D558 $535.00 Moisture-Density Relations of Soil, 1 Point Check Point ASTM D698 $410.00 Moisture-Density Relations of Soil, 2 Point Check Point ASTM D698 $460.00 Moisture-Density Relations of Soil, 3 Point Check Point ASTM D698 $535.00 Moisture-Density Relations of Soil, 1 Point Check Point ASTM D1557 $410.00 Moisture-Density Relations of Soil, 2 Point Check Point ASTM D1557 $460.00 Moisture-Density Relations of Soil, 3 Point Check Point ASTM D1557 $535.00 Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 $560.00 Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 $340.00 Maximum Dry Unit Weight of Granular Soils Using a Vibrating Hammer ASTM D7382 $510.00 Relative Compaction of Untreated and Treated Soils and Aggregates CT216 $610.00 Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement Soils by the Stabiliometer ASTM D2844 and CT301 $750.00 Expansion Index of Soils ASTM D4829 $510.00 Standard Test Methods for Specific Gravity of Soil Solids by Water Pycnometer ASTM D854 $410.00 pH of Soils ASTM D4972 $560.00 Density of Hydraulic Cement ASTM C188 $385.00 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 $610.00 Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR Chromium Soluble EPA 7196A QOR Caltrans Corrosivity Package $650.00 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 $710.00 California Bearing Ratio Test (does not include moisture density relations)ASTM D1883 $750.00 Bentonite Slurry Testing QOR Unconfined Compressive Strength of Lime Treated Soils and Aggregates CT 373 (4 pts)$1,505.00 Unconfined Compressive Strength of Lime Treated Soils and Aggregates CT 373 (3 pts)$1,130.00 * Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at established rates for laboratory technician. ** Does not include sample preparation or sieve analysis inspecting testing engineering All fees subject to Basis of Charges ASPHALTIC CONCRETE SERVICES AND TESTS Standard ASPHALT Rate/Each Thickness/Height of Compacted Bituminous Paving Mixture Specimens Field Cores ASTM D3549 and CT308 $210.00 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 $325.00 Lab Compaction Only of Bituminous Mixture by Marshall Apparatus (Marshall) (Per Specimen)ASTM D6926 $325.00 Lab Compaction Only of Bituminous Mixture by CA Kneading Compactor (HVEEM) (Per Specimen)ASTM D1561, CT304, and AASHTO T-247 $325.00 Lab Compaction Only of Bituminous Mixture by Superpave Gyratory (Superpave) (Per Specimen)ASTM D6925, and AASHTO T-312 $325.00 Laboratory Test Max Density (LTMD) (5 Specimen, includes compaction of specimen and bulk specific gravity) ASTM D1561/(D1188 and D2726) and CT304/CT308 $1,160.00 Superpave Bulk specific gravity (includes gyratory compaction of 3 specimen and bulk specific gravity)AASHTO T-312/T-275/T-166 $1,160.00 Marshal Lab Compacted Max Density (3 Specimen, includes compaction of specimen and bulk specific gravity) ASTM D6926/(D1188 and D2726)$1,160.00 Theoretical Maximum Specific Gravity and Density (Rice)ASTM D2041, CT309, and AASHTO T-209 $510.00 Marshall Stability and Flow of Bituminous Mixtures (average Set of 3, includes sample compaction)ASTM D6926/ASTM D6927 $1,160.00 Measuring the Permeability of Bituminous Pavements and Seal Coats CT341 QOR Swell of Bituminous Mixtures CT305 $450.00 Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt ASTM D1461 and CT307 $1,010.00 Stabilometer Value of field compacted cores (Per Specimen)ASTM D1560, CT366, and AASHTO T-246 $455.00 Stabilometer Value of Lab compacted samples (Average of 3 Specimen, Includes Sample Compaction)ASTM D1561/D1560, CT304/CT366, and AASHTO T-247/T-246 $1,160.00 Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method ASTM D6307, CT382, and AASHTO T-308 $460.00 Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method ASTM D6307, CT382, and AASHTO T-308 $1,500.00 Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent)ASTM D2172 and CT310 $810.00 Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate (Afterburn Gradation)ASTM D5444, CT202, and AASHTO T-30 $460.00 Moisture Content of Bituminous Mixture CT370 and AASHTO T-329 $485.00 Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6)ASTM D1075 $3,710.00 Compressive Strength of Bituminous Mixtures ASTM D1074 $360.00 Hamburg Wheel Track (includes compaction by gyratory)(includes 2 runs)AASHTO T324 $4,010.00 Tensile Strength Ratio (TSR) Moisture Susceptibility (includes compaction of 6 Specimen ASTM D4867 and AASHTO T-283 $4,010.00 Tensile Strength Ratio (TSR) Moisture Susceptibility (includes compaction of 12 Specimen)CT371 $6,010.00 Indirect Tensile (IDT) Strength of Bituminous Mixtures ASTM D6931 $3,760.00 Air Voids Calculation of Compacted Bituminous Mixture ASTM D3203, CT367, and AASHTO T-269 $225.00 PG Verification (Determining Low Temperature Performance Grade (PG) of Asphalt Binders)ASTM 6816 QOR MECHANICAL TESTS AND FIREPROOFING MATERIALS MECHANICAL TESTS Mechanical Testing of Steel Products (General Tensile)ASTM A370 $560.00 Fillet Weld Break Test for Qualification (Welding)AWS B4.0 $260.00 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 $560.00 Mechanical Testing of Steel Products (Couplers); #3-#11 ASTM A370 $750.00 Mechanical Testing of Steel Products (Couplers); #14+ASTM A370 $1,500.00 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 $385.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #3-#8 ASTM A370 and E290 $450.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #9-#11 ASTM A370 and E290 $510.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+ASTM A370 and E290 $1,500.00 Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete Reinforcement ASTM A370, A82 and A185 $510.00 Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds ASTM E190 and AWS B4.0 $360.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts Only (Tension and Yield) ASTM F307, F1554 and F606 $610.00 Rockwell Hardness of Metallic Materials ASTM E18 $195.00 Proof Test for Carbon and Alloy Steel (Nuts Only)ASTM A194 or A563 $385.00 Radiographic Examination of Metallic Castings/Weldments ASTM E94, E1030 and E1032 QOR Macroetching Metals and Alloys ASTM E340, E381 and AWS $385.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, Direct Tension Indicators, and Rivets (HSB Assemblies) ASTM F606 $435.00 Mechanical Testing of Steel Products (Terminators Tensile)ASTM A370 $435.00 Strength for Sewn or Bonded Seams of Geotextiles ASTM D4884 $385.00 Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure ASTM D2261 $385.00 Breaking Strength and Elongation of Textile Fabrics (Grab Test)ASTM D5034 $335.00 Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars ASTM D3039 $1,060.00 Steel Strand, Uncoated Seven-Wire for Prestressed Concrete (Set of 2)ASTM A416 and A1061 $1,610.00 FIREPROOFING Thickness and Density of Sprayed Fire-Resistive Material (SFRM)ASTM E605 $305.00 Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only)ASTM E736 $95.00 CONTACT INFORMATION Headquarters: 2118 Rheem Drive • Pleasanton, CA 94588 • P 925.462.5151 • F 925.462.5183 Peninsula: 44 Tehama, Suite 305 • San Francisco, CA 94105 • 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 SpecialnspectionForm_2012.doc revised 01/ STATEMENT OF SPECIAL INSPECTIONS, 20CBC COMMUNITY DEVELOPMENT DEPARTMENT • BUILDING DIVISION 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3228 •building@cupertino.org SITE ADDRESS APN BP# Owner..............................................................................................................Contractor ....................................................................................................... Address...........................................................................................................Address ........................................................................................................... City/St............................................. Zip...........................Phone.....................City/St................................................. Zip...................Phone........................ Applicant.........................................................................................................Engineer/Architect............................................................................. Address...........................................................................................................Address............................................................................................. City/St............................................. Zip...........................Phone.....................City/St..........................................Zip............... Phone .................... PROJECT DESCRIPTION: This “STATEMENT OF SPECIAL INSPECTIONS” is submitted in fulfillment of the requirements of CBC Sections 1704 and 1705. This form is structured after and used by permission from the Structural Engineer Association of Northern California’s (SEAONC) mode statement of Special Inspections. Also, included with this form is the following: “LIST OF SPECIAL INSPECTION AGENCIES (page 2). A list of testing agencies and other special inspectors that will be retained to conduct the tests and inspections for this project “SCHEDULE OF SPECIAL INSPECTION” (page 3). The Schedule of Special Inspections summarizes the Special Inspections and tests required. Special Inspectors will refer to the approved plans and specifications for detailed special inspection requirements. Any additional tests and inspections required by the approved plans and specifications shall also be performed. Special Inspections and Testing will be performed in accordance with the approved plans and specifications, this statement and CBC Sections 1704, 1705, 1706, 1707, and 1708. Interim reports will be submitted to the Building Official and the Registered Design Professional in Responsible Charge in accordance with CBC Section 1704.1.2. A Final Report of Special Inspections documenting required Special Inspections, testing and correction of any discrepancies noted in the inspections shall be submitted prior to issuance of a Certificate of Use and Occupancy (Section 1704.1.2). The Final Report will document: x Required specialinspections. x Correction of discrepancies noted ininspections. The Owner recognizes his or her obligation to ensure that the construction complies with the approved permit documents and to implement this program of special inspections. In partial fulfillment of these obligations, the Owner will retain and directly pay for the Special Inspections as required in CBC Section1704.1. This plan has been developed with the understanding that the Building Official will: x Review and approve the qualifications of the Special Inspectors who will perform the inspections. x Monitor special inspection activities on the job site to assure that the Special Inspectors are qualified and are performing their duties as called for in this Statement of Special Inspection. x Review submitted inspectionreports. x Perform inspections as required by the local buildingcode. I have read and agree to comply with the terms and conditions of this statement Prepared By: Project Engineer Architect Registered Design Professional in Charge Signature .................................................................... Lic.# .......................................Date: .......................... Owner Name: Owner’s Authorization Signature .................................................................................................................... Date: .......................... Inspection Agency / Inspector Name: Signature .................................................................... Lic.# .......................................Date: .......................... Building Official or designee: Signature .................................................................................................................... Date: .......................... ........................................................................................................................................................................................................................... 1000 South Stelling Road, Cupertino, CA 95014 APN# 359-25-049 BLD-2024-0186 City of Cupertino 10300 Torre Avenue Blake Dilsworth, Structural Engineer, KPFF 45 Fremont Street, 28th Floor 415-989-1004 THE PROJECT INVOLVES DEMOLITION OF THE EXISTING AGE 5-12 PLAY AREA AT JOLLYMAN PARK AND INSTALLATION OF A NEW ALL-INCLUSIVE PLAY AREA AND PRE-FABRICATED RESTROOM. Construction Testing Services C81280 5/15/2024 95014Cupertino, CA 94105San Francisco 3929 3/13/2024✔ SUBCONSULTANT SCOPE OF SERVICES AND COMENSATION SpecialnspectionForm_2012.doc revised 01/ LIST OF SPECIAL INSPECTION AGENCIES APPROVAL OF SPECIAL INSPECTORS: Each special inspection agency, testing facility, and special inspector shall be recognized by the Building Official prior to performing any duties. Special Inspection agency’s listed on this form must be pre-approved and listed on Cupertino’s approved Special Inspector’s list. Special inspectors shall carry approved identification when performing the functions of a special inspector. Identification cards shall follow the criteria set by the California Council of Testing and Inspection Agencies. No personnel changes shall be made without first obtaining the approval of the Building Official. Any unauthorized personnel changes may result in a “Stop Work Order” and possible permit revocation. To be pre- approved by the City of Cupertino, refer to the SPECIAL INSPECTION CRITERIA handout. Please allow two weeks to complete the application process. The following are the testing and special inspection agencies that will be retained to conduct tests and inspection on this project: EXPERTISE FIRM / INSPECTOR INFORMATION * 1. Special Inspection (except for Firm.....................................................................Addr......................................................................................... geotechnical)City.......................................................................................................... State .......................Zip...................... Telephone...................................... Fax............................................Email......................................................... 2. Material Testing Firm.....................................................................Addr......................................................................................... City.......................................................................................................... State .......................Zip...................... Telephone.......................................Fax............................................Email......................................................... 3. Geotechnical Inspections Firm.....................................................................Addr......................................................................................... City.......................................................................................................... State .......................Zip...................... Telephone...................................... Fax............................................Email......................................................... 4. Other:Firm.....................................................................Addr......................................................................................... City.......................................................................................................... State .......................Zip...................... Telephone...................................... Fax............................................Email......................................................... *All agencies specified on this form must be pre-approved and listed on the City of Cupertino’s Approved Special Inspector’s List. SEISMIC REQUIREMENTS (Section 170 WIND REQUIREMENTS (Section 170) Description of main wind-force-resisting system and designated wind resisting components subject to special inspections in accordance with Section 170: The extent of the main wind-force-resisting system and wind resisting components is defined in more detail in the constructiondocuments. Description of seismic-force-resisting system and designated seismic systems subject to special inspections as per Section 1705.3RU: The extent of the seismic-force-resisting system is defined in more detail in the constructiondocuments. ................. .......................... Pleasanton dventura@cts-1.com Construction Testing Services CTS - same as above NINYO AND MOORE 2118 Rheem Drive 925.462.5151 CA 94588 SUBCONSULTANT SCOPE OF SERVICES AND COMENSATION SpecialnspectionForm_2012.doc revised 01/ SCHEDULE OF SPECIAL INSPECTION SITE ADDRESS APN BP# PROJECT DESCRIPTION: I hereby certify that the Special Inspection & Testing Agency named above has been engaged to perform structural tests and inspection during construction, as checked below, to satisfy all applicable portions of the Building Code. Prior to issuance of an occupancy permit, the special inspection agency shall submit a statement that all items of designated work performed were reported. Any items checked but not tested or inspected will be noted and explained. Whenever any designated items on this list are ready for sampling, testing or inspection, it shall be the responsibility of the Contractor to give timely notice to the Special Inspection Agency so that the required services may be performed. REINFORCING STEEL STRUCTURAL STEEL Tensile & Bond Inspection of Placement Inspection of Welding MASONRY Preliminary Acceptance Test (Masonry Units, Wall Prism) Subsequent Tests (Mortar, Grout, Field Wall Prisms) Inspection of Grouting Inspection of Placement and Grouting CONCRETE, GUNITE/SHOTCRETE, GROUT & MORTAR STRUCTURAL HARDWARE Holdown Installation Tiedown System Installation Epoxied Anchors & Bolts INSULATING CONCRETE Sample & Test Unit Weights FIREPROOFING Inspection of Placement Density Tests Thickness Tests Inspection Batching PRECAST CONCRETE GEOTECHNICAL (Inspections & Testing by Geotechnical Engineer) Fill Material Acceptance Tests Moisture-Density Determination Field Density/Compaction Pier Drilling Observation & Testing by Geotechnical Engineer ROOFING & WATERPROOFING Inspection of Placement Sample & Tests Basement Waterproofing PILING, CAISSONS, CAPS, TIES STRUCTURAL WOOD UNDERPINNING OTHER TESTS OR INSPECTIONS: Sample & Test Shop Indent. & Welding Inspection Shop Ultrasonic Inspection Shop Radiography Field Welding Inspection Field Bolting Field Ultrasonic Inspection Field Radiography Metal Deck Welding Inspection Conc. Shotcrete Grout Mortar Agg. Tests for Designs Suitability of Agg. Mix Designs Batch Plant Insp. Compression Tests Cast Specimens Pick-Up Samples Shrinkage Bars Yield Check Air Check Dry Unit Weight Reinforcing Tests Inspection of Reinforcing Placement Tendon Tests Inspection of Tendon Placement Inspection of Concrete Placement Inspection of Concrete Batching Inspection of Panel Attach & Inserts Inspection of Panel Installation Compression Tests Inspection of Stressing/Transfer Inspection of Reinforcing Placement Inspection of Concrete Placement Inspection of Concrete Batching Inspection of Fabrication Inspection of Truss Joist Fabrication Sample & Test Components Inspection of Glulam Fabrication Shearwall Construction & Nailing Inspection of Steel Fabrication Inspection of Reinforcing & Forms Inspection of Concrete Placement Inspection of Tiebacks X X X X X X X X X 1000 South Stelling Road, Cupertino, CA 95014 APN# 359-25-049 BLD-2024-0186 THE PROJECT INVOLVES DEMOLITION OF THE EXISTING AGE 5-12 PLAY AREA AT JOLLYMAN PARK AND INSTALLATION OF A NEW ALL-INCLUSIVE PLAY AREA AND PRE-FABRICATED RESTROOM. SUBCONSULTANT SCOPE OF SERVICES AND COMENSATION MAY 21, 2024 4LEAF, Inc. Rate Schedule to Provide Construction Management and Inspection Services for the City of Cupertino Jollyman All-Inclusive Playground Project Program Management Services* Staff Designation Rate Principal-in-Charge / Project Manager $207/hr Construction Management / Inspection Services* Staff Designation Rate Construction Manager $175/hr Assistant Engineer / Office Engineer $160/hr Public Works Inspector (Regular Time) (see Note E for Overtime and Premium times) $156.67/hr Public Works Inspector Apprentice $97.85 Project Assistant $105/hr *All Fees Subject to Basis of Charges. Rates shown are subject to an Annual Escalation of 3% starting on January 1 of each calendar year (CY). BASIS OF CHARGES A. Rates shown assume projects under this on-call contract will require compliance with California Prevailing Wage rate requirements and assumes the City will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the project. B. Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR. Rates based on California DIR’s wage determinations dated August 2023. C. 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 for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship 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. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector issued August 2023 were used to determine the range of Calendar Year 2024 hourly rates for Public Works Inspector Apprentice. D. All invoicing will be submitted monthly. E. Overtime and Premium time will be charged as follows: - Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8 hour M-F or Saturdays) 1.35 x hourly rate - Overtime (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rate - Overtime (over 8 hours Sun or Holidays) 2.35 x hourly rate F. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. G. Subconsultant invoices will be assessed a 10% Administrative Processing Fee. H. Project-related mileage for inspections will be billed at the allowable IRS Rate. I. Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. J. Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. K. Client agrees that 4LEAF’s liability will be limited to the value of services provided. L. In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift. M. If 4LEAF is requested or otherwise required to conform to Client’s alternative work week schedule (“AWW”), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW. - If 4LEAF’s affected employment group approves an AWW election and the same is registered, the overtime compensation/reimbursement shall not be required/ Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 2 Form Updated Jan. 2022 Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND 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 RENTEDCLAIMS-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 AGGJECT 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 LIMITDESCRIPTION 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 CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL 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 4/3/2024 License # 0C41366 (925) 462-8400 (925) 462-8888 25674 4LEAF, Inc. 2126 Rheem Dr Pleasanton, CA 94588 42374 A 1,000,000 X X 6806X631656 3/15/2024 3/15/2025 1,000,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A 8106X632782 3/15/2024 3/15/2025 6,000,000A CUP6X635599 3/15/2024 3/15/2025 6,000,000 B X FOWC521971 3/15/2024 3/15/2025 1,000,000 1,000,000 1,000,000 C Professional Liab HCC2425616 4/9/2024 Each Claim 2,000,000 C HCC2425616 4/9/2024 3/15/2025 Aggregate 2,000,000 The attached forms apply as required per written contract or written agreements between the listed parties 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. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as additional insured on General Liability Policy per attached endorsement CG D3 81 09 15. Primary and non-contributory applies to General Liability policy per attached endorsement CG D3 81 09 15. Waivers of subrogation apply to General Liability and Workers Compensation Policies per attached endorsements CG D3 81 09 15 and WC 99 03 76. Professional Liability Retro Date 4/1/07 City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 4LEAINC-01 BUAKI1 Granite Professional Insurance Brokerage, Inc. 360 Lindbergh Avenue Livermore, CA 94551 commercial@graniteins.com Travelers Property Casualty Company of America Berkshire Hathaway Homestate Houston Casualty Company X 3/15/2025 X X X X X X X X ; ! "# $## % & ' ( ) *+ , -,+ . ( , , ( . (, /+ ( , . . (, ) ,) . , , ) 0 , , , + + ) , . 1 2 33 / + ! 4 " "!#$%&+ #) ! , 1 , , 2 0 / + , , ! " "!#$%&+ 567 !, " ) 3,3 , 33 , 0 33 896 , , 2 0 3,:3 1 , + 0 + , + ) , (0 ) / '+( / )*+ ! " "!#$%&+ +%$ "!#$,"'%+ ! ! )' * /, ; 0 , 1 2 + ( 0 ( , 33 , ! 1+ -. , 33 , + +. (, , ( 3(, -,3 (< 3, 3 , + ( 0 -(. , 33 (, 33 , 3,3 (, + ( , 3,:3 + , / */ 0( *= >685 , ,) ) / 8 ? , # + ) ) WK>/z η ϴϭϬϲWϭϰϴϰϱϳϴϭϬϳZϬϮϱϲϮϯ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hϮdϯϱϳϳϮϴ 4Leaf, Inc. for Construction Management Jollyman Park Project Final Audit Report 2024-06-10 Created:2024-06-07 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAkjEIhREO7ZfMtEZk6lsa_pWNk48Zmz3K "4Leaf, Inc. for Construction Management Jollyman Park Project " History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-06-07 - 5:28:22 PM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2024-06-07 - 5:31:32 PM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2024-06-07 - 6:03:09 PM GMT- IP address: 104.47.73.126 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2024-06-07 - 6:03:18 PM GMT - Time Source: server- IP address: 174.85.102.16 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-06-07 - 6:03:21 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-06-10 - 3:00:30 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-06-10 - 3:00:33 PM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-06-10 - 3:00:57 PM GMT- IP address: 104.47.74.126 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-06-10 - 3:01:14 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-06-10 - 3:01:16 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature 2024-06-10 - 3:01:19 PM GMT Email viewed by Pamela Wu (pamelaw@cupertino.org) 2024-06-10 - 7:40:31 PM GMT- IP address: 104.47.73.126 Document e-signed by Pamela Wu (pamelaw@cupertino.org) Signature Date: 2024-06-10 - 7:40:46 PM GMT - Time Source: server- IP address: 67.160.222.130 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-06-10 - 7:40:48 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-06-10 - 8:08:04 PM GMT- IP address: 104.28.124.108 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-06-10 - 8:08:18 PM GMT - Time Source: server- IP address: 73.241.178.249 Agreement completed. 2024-06-10 - 8:08:18 PM GMT