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23-132 Service Order #1 dated 12-5-23 - 4Leaf for Regnart Road PO 2024-297 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MA Date:Master Agreement Contract #: Maximum Compensation: Consultant:Firm Name: Address: Contact: Ph: Project Name: Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Fiscal/Budget : SO Acc't #:PO #: Project #:Date: Approvals: Date: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance:Date: Encumbrance this Service Order: MA End Date: Consultant: Manager: Management Analyst Master Agreement Maximum Compensation: Master Agreement Unencumbered Balance: Total Previously Encumbered to Date: City of Cupertino Master Agreement Service Order 191002 1 2024-048 11/29/2023 500,000.00 12/31/2025 4Leaf, Inc. 2126 Rheem Drive, Pleasanton, CA 94588 Gene Barry (925) 462-5959 Evelyn Moran $ 500,000.00 $ 0.00 $ 162,806.00 $ 337,194.00 420-99-068 900-905 ST 033.03.02 TBD 12/05/2023 Regnart Road Improvements Phase 1 Provide Construction Management Services for the subject project as described in Attachment A of the attached proposal dated December 1, 2023. n Gene A Barry Dec 5, 2023 Dec 5, 2023 Dec 5, 2023 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 December 01, 2023 Evelyn Moran Public Works Project Manager Public Works Department 10300 Torre Ave. Cupertino, CA 95014 Submitted via E-mail as Acrobat PDF Document to evelynm@cupertino.org RE: Updated Cost Estimate to Resume Providing Construction Management and Inspection Services for the City of Cupertino Regnart Road Improvements Sites 1 & 2 Project. Dear Ms. Moran: 4LEAF, Inc. (4LEAF) appreciates the opportunity to submit our updated Cost Estimate to resume providing Construction Management (CM) and Inspection services for the City of Cupertino (“City”) Public Works Regnart Road Improvements Sites 1 & 2 Project (“Project”). Per the City’s request, we are providing this updated costs estimate following the temporary suspension of the Project in August 2023 after the contractor, Brannon Corporation, could not commit to completing the Project by the deadlines listed in the U.S. Fish & Wildlife permit. The City and Brannon agreed to postpone the start of the project until the Spring of 2024. Since that time, the City de-obligated the previously-approved Service Order No. 5 that was issued to 4LEAF and a new Service Order will be needed to continue providing these services. This updated Cost Estimate reflects our current hourly rates assuming the Project is constructed in Calendar Year 2024. The attached Cost Estimate provides a detailed breakdown of our estimated level of effort and includes the following general assumptions: Nominal level of effort for 4LEAF staff to re-engage with the Project once a construction start date has been identified. One part-time Construction Manager at an average of 20 hours per week during the construction phase which is estimated at 60 working days. One, full-time Construction Inspector at 8 hours per day at regular time rate and 1 hr per day at overtime rate for 60 working days to ensure contractor sets up and picks up traffic control at the start and end of each workday and for Inspector to complete their daily reports. The City will contract directly with Construction Testing Services (CTS) to provide Special Inspection and Testing services for the Project. Our cost proposal does not include budget for detailed or in-depth labor compliance monitoring services. If necessary, we can request a written cost proposal for these services from our subconsultant, Contractor Compliance & Monitoring (CCMI). 4LEAF staff will provide intermittent and cursory reviews of contractor and subcontractor certified payroll information that is provided with the contractor pay applications. It is anticipated that the Project will resume in the Spring 2024 but no construction schedule or defined construction start date was available at the time of submittal of this updated cost estimate. 4LEAF will attempt to use the same Construction Manager, Chris Bryden, who filled that role during the pre- Page 2 Updated Cost Proposal to Provide CM and Inspection Services for the City of Cupertino Regnart Road Improvements Sites 1 & 2 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 construction phase of the Project before it was placed on hole; however, staff availability will be dependent on when the Project goes to construction and staff commitments on other projects at that time. 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 – Detailed Updated Cost Estimate Updated Cost Estimate to Perform Part-Time Construction Management and Full-Time Construction Inspection Services for the City of Cupertino Regnart Road Improvements Sites 1 and 2 December 1, 2023 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 ) 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 $156.65 $211.48 $101 See Notes (a) through (d). 1 Preconstruction Phase Hours Hours Hours Hours Hours 1a Attend Teleconference Kickoff Meeting w/ Client Following Schedule Pause in Start of Project in 2023.1 1 1 0 3 $539 1b Perform Visual Pre-Construction Project Site Condition Documentation.0 2 16 0 18 $2,856 1c Review Conformed Set of Project Plans and Specifications. 1 16 16 0 33 $5,513 See Note (e) 1d Prepare for and Chair Pre-Construction Conference Meeting.1 12 4 0 17 $2,934 1e Receive and Process Early Contractor Submittals.0 24 4 0 28 $4,827 See Note (f). 1f Misc. Tasks During Pre-Construction Phase.0 24 8 0 32 $5,453 1g Project Management.2 0 0 0 2 $414 Task 1 Subtotal: 5 79 49 0 133 $22,536 2 Construction Phase Hours Hours Hours Hours Hours 2a Perform Construction Management.0 240 0 0 240 $42,000 See Note (g) 2b Perform Construction Inspections.00480 60 540 $87,881 See Note (g) 2c Project Management.40 0 0 4 $828 Task 2 Subtotal: 4240 480 60 784 $130,709 3 Post Construction Phase Hours Hours Hours Hours Hours 3a Final Inspections and Provide Red-Lined Set of Plans to Client.0 8 20 0 28 $4,533 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 32 20 0 56 $9,561 TOTAL (4LEAF): 13 351 549 60 973 $162,806 4 Public Works Inspection Apprenticeship (if Required)Hours Hours Hours Hours Hours Hours 4a Provide Public Works Inspection Apprentice 0 0 0 0 96 96 $9,676 See Notes (a) and (b). Task 4 Subtotal (Apprentice Only)0 0 0 0 96 96 $9,676 TOTAL (4LEAF + Apprentice if required) 13 351 549 60 96 1,069 $172,481 Notes: (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). (g) Per information previously provided by the City, the construction phase is estimated to be 60 Working Days. For estimating purposes, we have assumed one, part-time Construction Manager at 4 hours per day during the construction phase. We also assume one full-time Construction Inspector for 60 Working Days at 8 hours per day at regular-time rate and 1 hour per day at overtime rate to allow for inspection and confirmation of contractor setting up and taking down traffic control and securing site. 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 duration extends past 60 working days or the contractor works more than 8 hours per day during the project, 4LEAF will submit a budget amendment request. (e) Not intended as a Constructibility Review but for 4LEAF staff to come up to speed on the project. (f) 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. (d) Updated cost estimate prepared following the project being paused in late 2023 after contractor could not commit to completing the project by the dates outlined in the U.S. Fish & Wildlife permits. Both the City and the contractor agreed to postpone the start of the project until the Spring of 2024. 1 of 1 Service Order 1- 4Leaf for Regnart Road FINAL Final Audit Report 2023-12-05 Created:2023-12-05 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAK8X-2xzGtV23MVKdT9I8YE26zN37Q2ye "Service Order 1- 4Leaf for Regnart Road FINAL" History Document created by Julia Kinst (juliak@cupertino.org) 2023-12-05 - 9:22:55 PM GMT- IP address: 216.198.111.214 Document emailed to Gene Barry (gbarry@4leafinc.com) for signature 2023-12-05 - 9:23:47 PM GMT Email viewed by Gene Barry (gbarry@4leafinc.com) 2023-12-05 - 9:26:12 PM GMT- IP address: 68.65.68.30 Signer Gene Barry (gbarry@4leafinc.com) entered name at signing as Gene A Barry 2023-12-05 - 9:30:21 PM GMT- IP address: 68.65.68.30 Document e-signed by Gene A Barry (gbarry@4leafinc.com) Signature Date: 2023-12-05 - 9:30:23 PM GMT - Time Source: server- IP address: 68.65.68.30 Document emailed to Susan Michael (susanm@cupertino.org) for signature 2023-12-05 - 9:30:24 PM GMT Email viewed by Susan Michael (susanm@cupertino.org) 2023-12-05 - 9:31:11 PM GMT- IP address: 104.47.74.126 Document e-signed by Susan Michael (susanm@cupertino.org) Signature Date: 2023-12-05 - 9:32:02 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Julia Kinst (juliak@cupertino.org) for signature 2023-12-05 - 9:32:04 PM GMT Email viewed by Julia Kinst (juliak@cupertino.org) 2023-12-05 - 10:12:14 PM GMT- IP address: 216.198.111.214 Document e-signed by Julia Kinst (juliak@cupertino.org) Signature Date: 2023-12-05 - 10:12:36 PM GMT - Time Source: server- IP address: 216.198.111.214 Agreement completed. 2023-12-05 - 10:12:36 PM GMT