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20-138 Amendment #1 dated 9-16-22 4Leaf, Inc for Construction Management Services1
FIRST AMENDMENT TO AGREEMENT 150
BETWEEN THE CITY OF CUPERTINO AND
4LEAF, INC., FOR CONSTRUCTION MANAGEMENT SERVICES
This First Amendment to Agreement 150 between the City of Cupertino and 4Leaf, Inc is by
and between the City of Cupertino, a municipal corporation (hereinafter "City") and 4Leaf, Inc., a
Corporation (“Contractor”) whose address is 2126 Rheem Dr., Pleasanton, CA 94588, and is made
with reference to the following:
RECITALS:
A. On October 22, 2020 Agreement 150 (“Agreement”) was entered into by and between City and
Contractor for Construction Management Services.
B. City and Contractor desire to modify the Agreement on the terms and conditions set forth
herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Agreement begins
on the Effective Date and ends on December 31, 2023 (“Contract Time”), unless terminated
earlier as provided herein. The City’s appropriate department head or 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.
2. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
2
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
4LEAF, INC.
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Original Agreement $500,000.00
SO #1 Orange Ave Sidewalk Improvement 2022-323 153,114.00
SO #2 CIP Project Management App Testing 2023-183 1,408.00
Amendment #1 Extend term to 12/31/2023
$345,478.00
Vice President
Sep 15, 2022
Christopher D. Jensen
City Manager
Sep 16, 2022
Sep 16, 2022
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO 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
4/6/2022
License # 0C41366
(925) 462-8400 (925) 462-8888
25674
4LEAF, Inc.
2126 Rheem Dr
Pleasanton, CA 94588
35378
A 1,000,000
X X
6800J268720 4/9/2022 4/9/2023
1,000,000
5,000
1,000,000
2,000,000
2,000,000
1,000,000A
8107R025623 4/9/2022 4/9/2023
6,000,000A
CUP1S364055 4/9/2022 4/9/2023 6,000,000
A
X UB2T357728 4/9/2022 4/9/2023 1,000,000
1,000,000
1,000,000
B Professional Liab MKLV7PL0005281 4/9/2022 Each Claim 2,000,000
B MKLV7PL0005281 4/9/2022 4/9/2023 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.
All operations of the named insured. Certificate holder is named as additional insured to General Liability and Automobile Liability policies per attached
endorsements CG D3 81 09 15 and CA T3 53 02 15. Waiver of Subrogation applies to General Liability per endorsement CG D3 81 09 15. Waiver of Subrogation
applies to Auto Liability per endorsement CA T3 53 02 15.
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as additional insured on General Liability
SEE ATTACHED ACORD 101
City of Cupertino
10300 Torre Ave.
Cupertino,, CA 95014
4LEAINC-01 MINED1
Granite Professional Insurance Brokerage, Inc.
360 Lindbergh Avenue
Livermore, CA 94551 commercial@graniteins.com
Travelers Property Casualty Company of America
Evanston Insurance
X
4/9/2023
X
X
X
X
X X
X X
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
Granite Professional Insurance Brokerage, Inc.
4LEAINC-01
SEE PAGE 1
1
SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0C41366
1
SEE P 1
4LEAF, Inc.
2126 Rheem Dr
Pleasanton, CA 94588
SEE PAGE 1
MINED1
1
Description of Operations/Locations/Vehicles:
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
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(BLANKET WAIVER)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT – CALIFORNIA
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 1 of 9
MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH
1.PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation
(“City”), and (“Contractor”) a
for
, and is effective on the
last date signed below (“Effective Date”).
2.SERVICES
2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of
Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must
comply with this Agreement and with each Service Order issued by the City’s Project Manager or
his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit
A.Contractor further agrees to carry out its work in compliance with the City’s Shelter In Place and
Social Distancing Requirements, attached here and incorporated as Exhibit A-A.
2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request
Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will
submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and
Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for
the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope
of Services, Schedule of Performance, Compensation, and any other conditions applicable to the
Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized
to streamline these procedures based on the City’s best interests. Contractor will not be compensated
for Services performed without a duly authorized and executed Service Order.
3.TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on
(“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate
department head or 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 within the time specified
in each Service Order, and under no circumstances should the Services go beyond the Contract
Time.
4Leaf, Inc
4Leaf, Inc
Corporation Construction Management Services
December 30, 2022
Construction Management Services 2020-2022City Project
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 2 of 9
3.3 Time is of the essence for the performance of all the Services required in this Agreement and
in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver
the Services on time. Contractor must respond promptly to each Service Order request.
4.COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services a total amount that will based upon actual costs but that will be capped so as not to exceed
$ (“Contract Price”), based upon the Scope of Services in Exhibit A and
the budget and rates included. The maximum compensation includes all expenses and
reimbursements and will remain in place even if Contractor’s actual costs exceed the capped
amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be based
on the rates set forth in the Service Order, which shall not exceed the capped amount specified in
the Service Order.
4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly
invoices must state a description of the deliverables completed and the amount due for the
preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a
requisition for final and complete payment of costs and pending claims for City approval.
Noncompliance with this requirement 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.
500,000.00
Construction Management Services 2020-2022City Project
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 3 of 9
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.
Should any court, arbitrator, or administrative authority, including but not limited to the California
Public Employees Retirement System (PERS), the Internal Revenue Service or the State
Employment Development Division, determine that Contractor, or any of its employees, agents, or
subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts
payable under this Agreement, or to promptly remint to City any payments due by the City as a
result of such determination, so that the City’s total expenses under this Agreement are not greater
than they would have been had the determination not been made.
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 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 copyrights. 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.
Construction Management Services 2020-2022City Project
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 4 of 9
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.
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.
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 will be considered an assignment of the Agreement and subject to City
approval. 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 Contractors (“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
City Project Construction Management Services 2020-2022
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 5 of 9
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 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, 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 C,
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.
City Project Construction Management Services 2020-2022
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 6 of 9
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.
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 Contractor's employees or sub-contractors will not be tolerated.
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 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 as
its single Representative for all purposes under this Agreement, with authority to oversee the progress
and performance of the Services. Contractor’s Project manager is responsible for coordinating and
scheduling the Services in accordance with City instructions, service orders and the Schedule of
Performance. Contractor must regularly update the City’s project manager about the status, progress
and any delays with the work. City’s written approval is required prior to Contractor substituting a new
Representative which shall result in no additional costs to City.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated
for satisfactory Services performed through the date of abandonment, and will be given reasonable time
Construction Management Services 2020-2022City Project
John Raaymakers
Gene Barry
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 7 of 9
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.
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.
Construction Management Services 2020-2022City Project
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 8 of 9
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
Attention:
Email:
To Contractor:
Attention:
Email:
27. VALIDITY OF CONTRACT
This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is
signed by the City Manager or an authorized designee, and (c) is approved for form by the City
Attorney’s Office.
28. 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.
4Leaf, Inc
2126 Rheem Dr, Pleasanton, CA 94588
Gene Barry
GBarry@4LeafInc.comJohnR@cupertino.org
John Raaymakers
10300 Torre Ave., Cupertino CA 95014
Construction Management Services 2020-2022City Project
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 9 of 9
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
CONTRACTOR
By
Name
Title
Date
Tax I.D. No.:
APPROVED AS TO FORM:
HEATHER M. MINNER
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date:
City Project Construction Management Services 2020-2022
Vice President
Sep 23, 2020
Gene Barry
Heather M. Minner
Deborah L. Feng
City Manager
Oct 22, 2020
Deborah L. Feng
Oct 22, 2020
EXHIBIT A
SCOPE OF SERVICES
4Leaf, Inc. Exhibit A-Scope of Services
Construction Management Services 2020-2022 Page 1 of 9
The CONSULTANT shall provide certain Construction Management services as required and
requested by the CITY.
The CONSULTANT shall provide services under this Master Agreement on an “as needed”
basis and only (1) upon written request from the CITY’s Director of Public Works or authorized
Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully
executed SERVICE ORDER, Exhibit B.
SECTION 1- GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY’s Public
Works Director or authorized Agent.
B. The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Program and Project
Management Consultants with similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
C. The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the
nature of the specific services, the time limit within which such services must be
completed, and the compensation for such services. Unauthorized services performed
by the CONSULTANT shall be at no cost to the CITY.
D. The CONSULTANT shall begin work only after receipt of a fully authorized and
executed SERVICE ORDER. The CITY shall incorporate each authorized and fully
executed SERVICE ORDER into the terms and conditions of this MASTER
AGREEMENT.
E. The CITY shall designate a Project Manager for each authorized and fully executed
SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY’s designated Project Manager.
SECTION 2. BASIC SERVICES
The Consultant shall provide Construction Management services for various CITY Public
Works projects. All services performed shall be authorized by a fully executed SERVICE
ORDER prior to work commencement.
A. General Performance Requirements
4Leaf Inc. Exhibit A-Scope of Services
Construction Management Services 2020-2022 Page 2 of 9
1. The performance of all services by CONSULTANT shall be to the satisfaction of the
CITY, in accordance with the express terms hereof, including but not limited to the terms set
out in detail in this scope of services and the standard of care provisions contained in this
AGREEMENT.
2. CONSULTANT shall be responsible for coordinating the work of all consultants and
contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meetings
and prepare meeting agendas and minutes for all PROJECT meetings during the execution
of this agreement under the scope of work. All minutes of meetings are due to the CITY
within five (5) working days after the meeting. CONSULTANT shall provide copies of such
documentation to the CITY, and as directed by the CITY, to other appropriate agencies and
entities.
3. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
CONSULTANT shall not substitute any team members without the prior approval of the
CITY. CITY retains the right to reject team members assigned by CONSULTANT or require
replacement of team members.
4. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT.
CONSULTANT shall consult with the CITY, research applicable information, and
communicate with members of the PROJECT team.
5. During the course of work of an assigned PROJECT, CONSULTANT shall meet weekly
with CITY’s assigned project manager for the respective construction projects to provide an
update on the current status of the construction project. CM will provide the CITY’s
assigned project manager with a summary report.
B. CONSULTANT shall effectively manage the assigned construction projects for the efficient,
progressive, and proactive delivery of each construction project. For each assigned
construction project, the CONSULTANT may provide any or all of the following tasks and
subtasks under Section 2, as is required for each specific project.
C. TASKS
Consultant services for any assigned project under this Master Agreement may include, but is
not limited to the following tasks:
Task 1 – Pre-Construction Phase - work may include but is not limited to the following:
1) Conduct a constructability review of the construction documents (50%, 95% and 100%)
for the various projects. Provide a written report with recommendations for changes.
2) Cost Estimate review and value engineering for various projects. Provide a written
report with recommendations.
3) Utility coordination for projects. Work may include a survey of existing utilities, the
4Leaf Inc. Exhibit A-Scope of Services
Construction Management Services 2020-2022 Page 3 of 9
development of utility service plan for new and existing structures, coordinating with
consultant preparing the project plans and making application to the utility companies
for service.
4) Assist with the building permit approval process. Work may include but is not limited
to coordinating with design consultant and building department to receive an approved
building permit.
5) Assist with the review and approval process for other permits and regulatory
requirements. Work may include but is not limited to coordinating with design
consultant, city staff, and regulatory agencies to apply for and secure approved permits
and authorizations as needed.
6) Assist with the development and conducting of public outreach programs to assist in
providing public information regarding project.
7) Assist with grant administration during the project.
Task 2 – Bid Phase - work may include but is not limited to the following:
1)Conduct a pre-bid Conference with prospective Bidders.
2) Assist with the issuing of Addendums.
3) Assist in the development of bidders’ interest in a project.
4) Review bid documents and assist the CITY in evaluation of bidders Statement of
Qualifications for responsible low bidder and assist in analyzing bid protest as may be
necessary.
5) Tabulation and evaluation of bid results. Assist in the evaluation of bid alternatives and
make recommendations on award.
6) Assist in review and processing of substitution submittals during bid and construction
phase.
Task 3 – Construction Phase – work may include but is not limited to the following:
1)Administration and Coordination of Construction Contract: CM will provide
administrative, construction management and related services necessary to administer
the Construction Contract on each assigned project. CM’s services shall include but are
not limited to the following:
a.Scheduling, coordinating and conducting pre-construction and construction
meetings; recording, maintaining and distributing minutes thereof.
b.Prior to start of project construction the CM and CITY will come to agreement on
the format for all project records to be kept and turned over to the CITY at the
completion of the project. Documents may be hard copies and/or electronic. CM
will make recommendations on programs to be used for tracking and other
record keeping needs.
c.Develop and implement a procedure for the submittal and processing of
submittals with the design consultant. This shall include preparing and
4Leaf Inc. Exhibit A-Scope of Services
Construction Management Services 2020-2022 Page 4 of 9
updating logs. Provide preliminary review for completeness and general
compliance of submittals that are to be reviewed by the design consultant.
Provide review and response for submittals that do not involve the design
consultant (such as Safety Plan, Fire Protection Plan). Sign and date such
submittals with response: Reviewed or Revise and Resubmit.
d. Develop and implement a procedure for the submittal and processing of
substitution requests with the CITY and the design consultant. This shall include
preparing and updating logs.
e. Develop and implement a procedure for timely handling and disposition of the
Contractor’s request for information (RFI) or clarifications with the design
consultant. This shall include preparing and updating logs.
f. Establish and implement procedures for the timely transmittal and receipt of
communications, drawing and other information between CM, design consultant
and the Contractor relating to construction of the project.
g. Develop and implement a procedure for the timely submittal, processing and
tracking of Contract Change Orders (CCO), Request for Price Quote (RPQ), etc.
with the CITY. This shall include preparing and updating logs.
h. Coordinate and maintain a project directory for the project, with emergency
contact information.
i. Review the Contractor’s comprehensive schedule that establishes a base line and
reports the status and progress of the project. The schedule should include
details such as milestones and key activities to track project progress. Review the
Contractor’s three week look ahead schedule. Verify that schedules conform to
the construction contract documents.
j. Work with CITY and Contractor to maintain use of existing facilities that are
affected by the construction, to minimize the disruption to the existing facilities
and to have their continued use during the construction of the project. This
includes all phase of construction and delivery of materials.
2) Monitoring of construction costs and progress payments, CM services may include but
are not limited to the following:
a. Provide and maintain project level reports for budgeting and contingency
tracking; contract payment status; cash flow forecasting and analysis; grant
documentation; and other financial reporting as necessary to support the CITY’s
accounting needs. CM shall maintain records reflecting the actual costs for
activities completed or in progress, including records relating to work performed
on a unit cost basis and additional work performed by the Contractor on a time
and materials basis. CM shall monitor and advise the CITY of costs pertaining to
potential, pending and completed changes; and potential or pending claims.
b. Develop a procedure for submittal, review and processing of the progress
payments to Contractor, along with associated forms and reporting systems. CM
shall review progress payment applications and work with Contractor to achieve
agreement on the progress payment amount. CM will verify that the “as built”
4Leaf Inc. Exhibit A-Scope of Services
Construction Management Services 2020-2022 Page 5 of 9
check set of plans by the Contractor are updated prior to approval of progress
payment being submitted to the CITY. CM will require Contractor to provide a
conditional waiver and release for progress payments and a final release and
waiver for the final payment. CM will certify that the data in each application
for progress payment is to the best of CM’s knowledge, information and belief,
the work has progressed to the point indicated in the application for progress
payment and the quality of the work is generally in accordance with the contract
documents. CM’s review of application for progress payment shall be
undertaken and completed in a timely manner so that the CITY can meet its
obligations to make progress payment due Contractor within the time permitted
by applicable law without incurring interest liability or other penalties/liabilities.
CM shall also verify the progress payment satisfies any grant requirement.
3) Substantial completion and final completion, CM services may include but are not
limited to the following:
a. Consult with the design consultants and CITY to jointly ascertain the
achievement of substantial completion of the project. If upon inspection of the
project substantial completion has not been achieved, the CM will assist the
design consultant in noting the conditions of the work and the measures
necessary for the Contractor to achieve substantial completion. Upon
determining that the Contractor has achieved substantial completion the CM will
coordinate the CITY’s and design consultant’s final inspection of the work to
note punch list items to be completed by the Contractor as a condition to achieve
final completion.
b. Assist the CITY in issuing a certificate of substantial completion and final
completion, as applicable.
4) Progress Records, CM services may include but are not limited to the following:
a. Maintain records of the progress of construction of the project, including written
progress reports and photographs reflecting the status of construction and
percentage completion of the project. CM will maintain daily records during
construction of the project showing weather conditions, personnel of the
Contractor and Subcontractor at the site, work accomplished, problems
encountered and other matters materially affecting the project, completion of the
project or construction cost to complete construction of the project. CM shall
maintain project records for test results and special inspection results.
b. Provide monthly progress reports on the project.
5) Site observations of project, CM services may include but are not limited to the
following:
a. CM shall be on-site during construction of the project and substantially at all
times during which there are construction activities at the site. CITY and CM
may agree to the amount of time required to be at the site for observation,
however this does not relieve the CM from the requirement of having knowledge
of the status of the work.
4Leaf Inc. Exhibit A-Scope of Services
Construction Management Services 2020-2022 Page 6 of 9
b. Coordinate testing, lab services and inspections, this includes by outside firms.
CM will work with the Building Department for permit inspections coordination
and final approvals of permit. Provide testing and test results by testing firm
acceptable to CITY. Such testing services shall be a reimbursable expense as
described in Task 5.
c. Maintain at the site the following documents at a minimum: Contract,
Drawings, Specifications, approved Change Orders, Submittals, building
permit, SWPPP and associated testing or monitoring documentation, other
permits, applicable codes, rules and regulation and other written or electronic
materials relating to the project.
d. CM will endeavor to guard the CITY against defects and deficiencies in
construction and workmanship of the project on the basis of its site observations,
and a quality control program established and implemented hereunder to
monitor construction workmanship for conformity: 1) accepted industry
standards; 2) applicable laws, codes, regulations, ordinances or rules: 3) and
the requirements of the construction documents.
e. CM shall reject work whenever in the ordinary course of discharging its services
the CM discovers or observes patent conditions of defective or deficient
construction and workmanship which as or may have an adverse impact upon
the project’s life-safety systems or operations, structural elements or integrity of
the safety of persons or property. CM shall take prompt action appropriate
under the circumstances, including stopping the work and thereupon notifying
the CITY in writing. CM’s responsibilities hereunder shall be limited to defective
or deficient work or an apparent or patent nature.
f. Review the Contactor safety program and the requirements of the construction
documents and applicable law. CM shall monitor the Contractor’s compliance
with safety programs and advise the CITY of measures, if any, necessary or
appropriate to obtain the Contractor’s compliance. By undertaking the
obligation hereunder, CM shall not be deemed to have assumed responsibility of
the adequacy or sufficiency of safety programs implemented by the Contractor,
but the CM is responsible for verifying that the Contractor has established a
safety program, that the safety program established by the Contractor is in
compliance with applicable law, rule or regulation and that the Contractor has
implemented its safety program.
g. CM shall promptly notify the CITY in writing of all CM observed instances of
Contractor’s failure to comply with applicable safety requirements. If in the
course of performing services during the construction, the CM observes a safety
violation or other unsafe condition on or about the site or surrounding area
which have a immediate or potential or actual adverse effect on life or property,
the CM is authorized, without prior notice to the CITY or prior directive by the
CITY, to take all actions deemed necessary and appropriate by the CM under the
then existing circumstances to prevent such actual or potential adverse effect.
4Leaf Inc. Exhibit A-Scope of Services
Construction Management Services 2020-2022 Page 7 of 9
h. CM shall become familiar with all CEQA documents and permit requirements
from other agencies having jurisdictions over the site or work that will affect the
project and the construction site. CM shall be responsible for monitoring all
aspects of the project as it relates to the requirements. CM shall monitor the
Contractor’s compliance with all requirements of the CEQA documents and
permits by other agencies. CM shall take prompt action appropriate under the
circumstances, including stopping the work and thereupon notifying the CITY in
writing if Contractor is not following all requirements.
6) Contract Change Order (CCO) processing, CM services may include but are not limited
to the following:
a. Coordinate and disseminate correspondence, drawings and other written
materials by and between the Contractor, the CITY and the design consultants
relating to changes to the project. CM will coordinate the Contractor’s
performance of changes authorized by the CITY. CM shall maintain a log or
other written records to monitor the pendency and disposition of change and
CCOs to keep the CITY advised of the status of the same and the actual or
potential impact of any particular change or CCO or the cumulative effects
thereof on the construction cost or time for completion of construction of the
project.
b. Assist the CITY and design consultant in evaluation of requests for the Contactor
for issuance of CCOs, assist in negotiations with the Contractor relative to the
CCOs proposals and the adjustment of the contract price or the contract time
under the construction contract. CM will make recommendations to the CITY
and the design consultant for handling and disposition of the Contractor’s
proposal relative to the changes. If a change to the construction contract is
approved or authorized by the CITY, CM will assist the CITY and the design
consultant in the preparation of a CCO reflecting such approved or authorized
change to the construction contract. The CM is not authorized, without the prior
consent and approval of the CITY, to effectuate or authorize any change to the
work of the project. The CM shall be liable to the CITY for all direct and
consequential costs, losses or damage resulting from the CM’s direction or
authorization of effectuate a change to the work of the project without the prior
direction and authorization by the CITY.
7) Claims handling, CM service may include but are not limited to the following:
a. Assist the design consultant in the review, evaluation and processing of claims
asserted by the Contractor; CM will make recommendations to the CITY as to
merit, handling and disposition of Contractor’s claims. Except in the event that
the CM is alleged to have caused or contributed to the circumstances giving rise
to a Contractor claim or other Contractor demand for compensation, services of
the CM to prepare documentation or provide testimony in a mediation,
arbitration or judicial proceeding arising out of such a claim or demand for
compensation shall be deemed additional services. If the CM is alleged to have
4Leaf Inc. Exhibit A-Scope of Services
Construction Management Services 2020-2022 Page 8 of 9
caused or contributed to a Contractor claim, the CM’s claims handling services,
including without limitation, claims analysis, assistance in preparing
briefs/graphic materials in connection with negotiations or dispute resolution
proceeding relating to a Contractor claim shall be deemed part of the CM’s basic
services under this agreement.
8) CM equipment, CM shall provide the following equipment necessary to carry out CM
duties:
a. Provide all equipment, furnishings and other items necessary to complete the
services required for the project. Including without limitation, trailer,
computers, related hardware, software, vehicles, cell phones, office equipment
and copiers.
Task 4 – Inspections and Testing – work may include but is not limited to the following:
1) CM shall conduct routine inspection of the construction work over the course of
construction to ensure compliance of the work with the construction contract, including
all drawings and specifications.
2) CM shall monitor the contractor’s compliance with required Regulatory Agency Permit
inspections and advise CITY of coordination problems and Contractor’s compliance
with permit/inspection requirements.
3) CM shall engage the necessary subconsultants to perform the necessary inspections and
testing as required for the project. CM shall schedule and coordinate with the contractor
and subconsultant for the necessary testing and inspection for the project.
4) Compensation to the CM for inspections and testing by subconsultant shall be for the
actual billed amount only, no mark up or overhead will be allowed for these
subcontracted services. CM shall bill monthly for actual inspections and testing
completed. CM shall attach copies of subconsultants’ invoice for verification of cost
being billed.
Task 5 – Post-Construction Phase – work may include but is not limited to the following:
1) Contractor closeout document review, CM services shall include but are not limited to
the following:
2) Receive from the Contractor the closeout documents and items to be submitted by the
Contractor under the terms of the Construction Contract upon completion of its
obligations under the Construction Contract. The CM shall review each Contractor’s
closeout submittals to determine conformity with the requirements of the Construction
Contract. If the CM determines that any Contractor’s closeout submittals are not in
conformity with requirements of the construction contract, the CM shall make
recommendations to the CITY for measures to secure compliance with the requirements
of the construction contract. The CM shall deliver to the CITY all of the Contractor’s
4Leaf Inc. Exhibit A-Scope of Services
Construction Management Services 2020-2022 Page 9 of 9
closeout submittals, including the Contractor’s as-build drawings which the CM shall
transmit to the design consultant for preparation of the record drawings. The CM shall
monitor the design consultant’s preparation and completion of the project record
drawings prior to delivering to the CITY.
3) Within thirty (30) days of the date of issuance of a Certificate of Final Completion for the
construction contract, the CM shall assemble and deliver to the CITY all of the records
maintained by the CM relating to the project.
4Leaf, Inc.
Construction Management Services (2020-22)
Exhibit A-Compensation
Page 1 of 2
COMPENSATION
The City shall compensate the Consultant according to the hourly rate(s) stated in this
Exhibit which shall remain in effect for the Master Agreement schedule of performance
unless changed by written amendment to the Master Agreement.
Each authorized Service Order under this Master Agreement shall identify the method
of compensation consistent with the scope of services provided by the Consultant. In
any case, the Consultant’s total payment for each authorized Service Order shall not
exceed the maximum compensation identified in that Service Order, unless authorized
by a written amendment executed by the City and the Consultant, and the total
compensation for all authorized Service Orders shall not exceed the maximum
compensation stated in Article 4, Compensation, of the Master Agreement.
Work exceeding the total authorized amount for a Service Order or the total
compensation for the Master Agreement shall be at no cost to the City.
Consultant Hourly Rate(s)
The Consultant shall be compensated according to the following hourly rate(s) for all
work performed under authorized Service Orders:
Labor Category Master Agreement Hourly Rate
Program Manager $170
Construction Manager $156
Construction Inspector $92-144
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor,
specifically required to perform the scope of services and beyond normal business
operating expenses which are included in the direct labor rate. Such expenses include,
but are not limited to:
•Individual or multiple document reproductions that exceed 50 pages;
•Drawing or bid set reproductions;
•Software required by City other than Microsoft Word, Excel, PowerPoint, and
Project; Adobe Acrobat; and a photo editor program.
•Travel expenses to the extent allowed by City policy;
•Sub-consultants required by project scope of services;
COMPENSATION
4Leaf, Inc.
Construction Management Services (2020-22)
Exhibit A-Compensation
Page 2 of 2
•Safety equipment required by City policy or the project scope of services;
•Mass mailing notifications;
•Expenses for public meetings, such as refreshments, interpreters, security, valet
parking, facility rental, tents or booths, easels, markers, paper, presentation
equipment.
The City shall compensate the Consultant for such reimbursable expenses only with
prior written authorization by the City representative designated in Section 14, Project
Coordination, of the Master Agreement. All compensation, including reimbursable
expenses, shall not exceed the maximum compensation for the Service Order.
The City shall compensate the Consultant for reimbursable expenses for the
documented actual cost only, allowing for no surcharge for Consultant administration.
Reimbursable expenses shall be separately identified on the Consultant invoice.
Method of Payment
The Consultant shall submit an invoice to the City by the 5th business day of each
month that clearly identifies the work performed in the previous month and authorized
reimbursable expenses. All invoices from Consultant shall be emailed to
PWInvoices@Cupertino.org and the Project Manager or mail to the City at:
Attention: John Raaymakers, Public Works Project Manager
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
The invoice shall identify the applicable period of work, a description of the work
performed consistent with the Service Order scope of services, the number of hours,
hourly rate, reimbursable expenses, Service Order maximum compensation, Service
Order compensation to date including invoice number, total invoice amount for current
invoice, Service Order maximum compensation balance remaining.
All Consultant payments shall be addressed to:
4Leaf, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Attention: Gene Barry
END OF EXHIBIT
Revised: July 13, 2020 – Public Works Contracts
1
Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS
A.Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s
(“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement
(“Contract”), includes immediate compliance by Contractor and its subcontractors with the
restrictions on travel and the Social Distancing Requirements set forth in the most recent health
order issued by the County of Santa Clara Health Department in response to the COVID-19
pandemic, and any subsequent amendments or superseding orders thereto (the “Health
Order”), and any other local, state, or federal laws that have been or may be enacted in
response to the COVID-19 pandemic (collectively, “Health Laws”).
B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social
distancing requirements in the Health Order when preforming work under this Contract. If a
scope of work item, notice to proceed, or work order under this Contract specifies work that
cannot be performed in compliance with the Health Order or other Health Laws, Contractor
shall refrain from conducting the work and immediately inform the City.
C.Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to
require any person at high risk of severe illness from COVID-19 to leave their residence to
perform work under the Contract. Contractor will inform the City if other arrangements for the
work must be made, and City will do so, with no penalty to Contractor, although Contractor will
not be compensated for work performed by the City or third parties. Information from the
Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at:
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.
D.Health Order Requirements and Best Practices. Contractor will immediately undertake all
appropriate measures to ensure compliance with the Social Distancing Requirements in the
Health Order by all individuals on any project site or work area performing work under this
Contract, including Contractor's or any subcontractor's workers, employees, representatives,
vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as
required by the Health Order or other Health Laws. In particular, Contractor must comply with
the provisions of the County’s Mandatory Directive for Construction Projects (attached hereto),
as applicable.
Further, as long as required by the operative Health Order or Mandatory Directive for
Construction Projects, or other Health Laws, these measures shall include, but are not limited
to, the following best practices:
1. Information. Inform all workers of the Social Distancing Requirements and these best
practices, including any updates or modifications, and require compliance as a condition
to being present on the project site or work area.
Revised: July 13, 2020 – Public Works Contracts
2
2.Social Distancing Protocol. Fill out and submit the newest version of the Social
Distancing Protocol to the County, using the County’s online form available at
https://www.sccgov.org/sites/covid19/Pages/social-distancing-protocol.aspx.
3.Sick Workers. Prohibit any individuals who have been tentatively or conclusively
diagnosed with COVID-19 or who have any symptoms of illness, including the following,
from entering or remaining on the project site or work area: fever, cough, shortness of
breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like
symptoms. Encourage sick workers to get immediate medical attention.
4. Signage/Posters. As required, post or distribute (1) the most updated version of the
COVID-19 PREPARED Sign, and (2) a Social Distancing Protocol Visitor Information Sheet.
5. Face Coverings. Everyone at a job site must wear a face covering at all time, except
children under the age of 2, people who are medically prevented from wearing a face
covering, and for communication by or with people who are hearing impaired.
6. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are
available at all times and encourage frequent handwashing and/or hand-sanitizing
throughout the day as specified below. Portable sanitary facilities must be serviced and
cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and
common areas, including project trailers.
a. Handwashing. Wash hands using soap and water for at least 20 seconds.
b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol
when handwashing is not immediately available.
c. Paper Products. Ensure that toilet paper, tissues, and paper towels are
available as appropriate, with designated receptacles for disposal.
7. Distancing. Prohibit workers from being less than six feet apart, unless and only to
the extent that would compromise worker safety or violate safety Laws for specific
operations. Prohibit handshaking or any physical contact among workers, with the sole
and limited exception of any physical contact required for worker safety or to comply
with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide
their own transportation where possible and to avoid having more than two workers in
a vehicle.
8. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use
electronic alternatives to in person meetings, e.g., conference calls, video-conferencing,
etc., to the greatest extent possible. Limit access to the project site or any work area to
workers who are necessary to perform the work at that time. Allow non-essential
Revised: July 13, 2020 – Public Works Contracts
3
personnel to work from home to the extent possible. Avoid all non-essential travel. Do
not stack trades if possible.
9. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch
surfaces at a project site or work area, including, but not limited to, shared tools or
equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas,
keypads, touch screens, project trailer surfaces and equipment, light or power switches,
workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable
items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear
shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly
and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays,
that may generate bioaerosols.
10. Personal Protective Equipment. When workers cannot avoid close proximity or
physical contact, e.g., based on applicable safety laws, or are otherwise at risk for
exposure to COVID-19, ensure that the affected workers are provided with appropriate
personal protective equipment ("PPE"), which may include disposable gloves and/or
other PPE. Instruct workers to wash or sanitize hands after removing gloves or other
PPE. Ensure that all personal protective equipment is disposed of properly.
11.Water and Food. Prohibit shared or communal food or common water coolers.
Provide individual water bottles for workers or instruct workers to bring their own.
12. Enforcement. Immediately eject any worker who fails or refuses to comply with the
Health Laws, Social Distancing Requirements, or these best practices from the project
site until or unless the Project Manager issues a written authorization for the worker to
return, subject to full compliance.
F. Proof of Compliance. If Contractor is subject to the Mandatory Directive for Construction
Projects, Contractor must provide to the City the name and contact information for its
designated site-specific COVID-19 supervisor(s).
E. Oversight. In other to ensure that all workers comply with the Social Distancing
Requirements to the extent possible, Contractor shall designate a named individual to have
primary responsibility for implementation and enforcement of the Social Distancing
Requirements and these best practices, and to serve as the primary point of contact with the
City in this regard. Contractor shall promptly inform the City of the name of this individual.
F.Changed Requirements. It is understood and acknowledged that circumstances pertaining to
the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements
may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with
the City to implement new or changed requirements as quickly as possible.
Revised: July 13, 2020 – Public Works Contracts
4
G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and
require any agents, subcontractors, or subconsultants to comply with its provisions.
Attachments to Exhibit A-A
Santa Clara County Mandatory Directive for Construction Projects
1228578.5
Effective July 13, 2020sccgov.org/coronavirus
ConstructionProjects
MANDATORY DIRECTIVE:
Issued: July 7, 2020
County of Santa Clara
Public Health Department
Health Officer 976 Lenzen Avenue, 2nd Floor San José, CA 95126 408.792.5040
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 1 of 12
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
MANDATORY DIRECTIVE FOR CONSTRUCTION PROJECTS
*Please confirm that your facility and/or construction project jobsite may open under the
State Order. Where there is a difference between the local County Order and the State
Order, the more restrictive order must be followed. The State also has specific guidance for
certain facilities that must be followed in addition to this mandatory directive.*
Issued: July 7, 2020
Information on the State’s Order and State guidance is available at covid19.ca.gov.
While the construction industry is critical to ensuring a safe and sufficient supply of residential
and commercial space, construction work can also pose significant risks to public health due to
the COVID-19 pandemic. Because construction projects typically involve many workers
actively working on a jobsite at the same time, often in close proximity to one another or sharing
equipment, businesses and individuals performing and overseeing construction projects must
take extra precautions to reduce the risk of COVID-19 transmission for workers, visitors, and
others. This Directive applies to all construction projects, but the restrictions vary by the
size of the project, as specified below.
“Construction project” means any work (including a public works project) carried out in
connection with the construction, alteration, conversion, fitting-out, remodel, renovation,
refurbishment, demolition, decommissioning, or dismantling of a building or other structure; the
preparation of a physical site for any such activity; and education or training at which any such
activity is taught through onsite practice or experience. “Construction project” does not include
architectural, design, financial, or administrative work related to a construction project, unless
that work occurs at the construction jobsite. “Construction project” also does not include basic
repair or maintenance work, which means a repair or maintenance job that requires no more than
2 workers and no more than 2 days and that is not architecturally, financially, or administratively
associated with an active construction project.
This Directive explains how construction projects may operate. This Directive is mandatory, and
failure to follow it is a violation of the Health Officer’s Order issued on July 2, 2020 (“Order”).
Construction projects must comply with the Order and all requirements of this Directive.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 2 of 12
The Order Issued July 2
The Order imposes several restrictions on all businesses and activities to ensure that the County
stays as safe as possible, including but not limited to the following:
The Social Distancing Protocol: All businesses must fill out and submit the newest version of
the Social Distancing Protocol to the County using the online form, available here. The Protocol
is submitted under penalty of perjury, meaning that everything written on the form must be
truthful and accurate to the best of the signer’s knowledge, and submitting false information is a
crime. The Protocol must be distributed to all workers, and it must be accessible to all officials
who are enforcing the Order. Businesses are responsible for ensuring that workers understand
and are trained on Protocol requirements in a language that they understand. For any business
that only performs services for dispersed facilities or worksites that the business does not own or
operate, the business must complete a Social Distancing Protocol for its operation as a whole.
For any business that has a facility, but also provides services at dispersed facilities or worksites
that the business does not own or operate, the business must complete a Social Distancing
Protocol for its own facility and provide that Protocol to the owners or operators of any facility
where it operates.
Example: A construction company serves as a subcontractor on various jobsites
throughout the County and also operates a base facility within the County, where it
maintains its vehicles and equipment. The subcontractor must complete a Social
Distancing Protocol for its base facility. It must also distribute the Protocol to the
owners or operators of the jobsites to which it sends its workers. The subcontractor’s
workers must be given a copy of, be trained on, and comply with the measures in both
the subcontractor’s Social Distancing Protocol and the Social Distancing Protocol for
any jobsite at which they are performing work.
•Signage: All businesses must print (1) an updated COVID-19 PREPARED Sign and (2)
a Social Distancing Protocol Visitor Information Sheet, and both must be posted
prominently at all facility entrances. These are available for printing after submission of
the Social Distancing Protocol online.
Businesses do not need to post these documents if they do not have their own facility
or worksite and only perform services for dispersed facilities or worksites that the
business does not own or operate.
•Face Coverings: Everyone at a business facility or worksite must wear a face covering at
all times (except very young children, people for whom face coverings are medically
inadvisable, or for communication by or with people who are hearing impaired). Face
coverings must be worn even while working at a construction project. Workers do
not need to wear face covering if it would create a risk to the person related to their work,
in accordance with local, state, or federal workplace safety guidelines.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 3 of 12
•Density Limitation: All businesses must limit the number of people who may be inside
the facility at the same time. For staff members, the limit is 1 person per 250 gross
square feet of indoor facility space (this means total space, including areas open only to
staff like storage rooms). For members of the public, the limit is 1 person per 150 square
feet of space open to the public. The density requirements tell businesses how many
people (staff or clients) they can let inside the facility before another person leaves.
Children under 12 who are accompanying a parent or guardian do not count against the
limit, but everyone age 12 and over does. This Directive describes a limited exception
to the density limitation applicable only to construction project jobsites.
See the Order and the FAQ page for more details.
In addition to these general requirements applicable to all businesses under the Order,
construction projects must comply with the following directives.
Construction Projects on Own Residence Exempted
This Directive does not apply to construction projects where a person is performing construction
on their current residence alone or solely with members of their own household.
Rules for Single-Worker Construction Projects
This section lists the requirements for construction projects performed by only 1 worker, such as
someone who is working alone on a kitchen remodel project. This section for single-worker
projects does not apply to construction projects that involve multiple workers, even if only 1
worker is at the jobsite at any time; those projects must follow the Rules For All Construction
Projects, which are listed in the next section.
a.If the worker is working for a business, the worker must comply with the Social
Distancing Protocol of that business.
b.The worker must maintain 6 feet of social distance from all other people at all
times, including when entering and leaving the work area or building.
c.The worker must use and properly wear face coverings. In addition, the worker
must wear other personal protective equipment (PPE) appropriate for use in
construction, including gloves, goggles, and/or face shields.
d.To the extent possible, the worker must seal off the work area so that there is a
barrier between the worker and any other people in the building. For example, a
worker performing construction in the hallway of a residence must install a barrier
(such as plastic sheeting) between the area where the worker is working and the
rest of the hallway.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 4 of 12
e.The worker must frequently wash hands with soap and water for at least 20
seconds or use hand sanitizer with at least 60% alcohol.
f.The worker must not work or come to the jobsite if the worker has a fever, cough,
or any other COVID-19 symptoms.
g. The worker must maintain records of the dates and times the worker was at the
jobsite and must make those records immediately available upon request to any
County official.
h.If the worker tests positive for COVID-19, the worker must notify the County
Public Health Department within 4 hours of learning of the positive result by
following the instructions at www.sccsafeworkplace.org.
Rules for All Construction Projects (Except Single-Worker Construction Projects)
This section lists requirements for all construction projects (other than single-worker
construction projects).
*Note: Large Construction Projects must also follow additional requirements, which are
described beginning on page 9.*
1. Responsibilities of the General Contractor and Subcontractors
a.The business with the responsibility to oversee a construction project, described in
this Directive as the “General Contractor,” must complete and submit a Social
Distancing Protocol specific to the construction project jobsite. (The General
Contractor may also need to submit social distancing protocols for its base facility
or for other jobsites subject to this Directive.)
b. The General Contractor is responsible for ensuring that all work and operations at
the construction jobsite is performed in compliance with the Order, this Directive,
and the jobsite-specific Social Distancing Protocol.
c.The General Contractor must train its workers to comply with the Order, this
Directive, and the jobsite-specific Social Distancing Protocol.
d. Subcontractors do not need to submit their own jobsite-specific Social Distancing
Protocols for the same site, but the General Contractor must not allow any
subcontractor onto the jobsite unless that subcontractor has given the General
Contractor a signed certification that:
i.the subcontractor has reviewed the Order and this Directive and will
comply with them;
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 5 of 12
ii.the subcontractor has reviewed the General Contractor’s jobsite-specific
Social Distancing Protocol and trained its workers on that Protocol; and
iii.the subcontractor has completed and submitted its own Social Distancing
Protocol covering its operations, and has provided a copy of that Protocol
to the General Contractor.
2. General Contractors and Subcontractors Must Report COVID-19 Positive Cases
a.Whenever the General Contractor learns that a person who has tested positive for
COVID-19 was at the jobsite within 48 hours of the date they were tested or
within 48 hours of becoming symptomatic, the General Contractor must
immediately implement the jobsite-specific Social Distancing Protocol’s
procedures for when a person tests positive for COVID-19. All positive cases
must be reported by following the instructions at www.sccsafeworkplace.org.
b. All subcontractors must immediately (within 1 hour, regardless of the time of
day) alert the General Contractor as soon as they learn that an employee has tested
positive who is currently at the jobsite, or who was at the jobsite within 48 hours
of the date they were tested or within 48 hours of becoming symptomatic. This
reporting requirement is in addition to the subcontractor’s own reporting
requirements under the Order and the procedures in the subcontractor’s Social
Distancing Protocol.
3.Cleaning After Positive Case Identified
Upon learning of a confirmed positive case at the jobsite within the last 48 hours, any
location where the infected worker was known to have been present must be immediately
closed and sanitized. Work in these locations must cease until sanitization is complete.
4. General Contractor is Responsible for Ensuring the Jobsite is Operated Safely Following
All Legal Requirements
a.The General Contractor must ensure that everyone at the jobsite—including its
own workers, the subcontractors’ workers, and visitors—complies with the Order,
this Directive, the jobsite-specific Social Distancing Protocol, and any other laws
and regulations that apply to the work (for example, OSHA and Cal-OSHA
requirements). If there is a conflict in what different laws require, the strictest
standard applies.
b. The General Contractor’s responsibility for ensuring jobsite compliance under
this paragraph 4 does not, however, relieve any subcontractors of their own
responsibilities under the Order, their Social Distancing Protocol, this Directive,
and all other applicable laws and regulations.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 6 of 12
c.Any worker, or any subcontractor, may file a complaint that the General
Contractor has not complied with the Order, this Directive, or the jobsite-specific
Social Distancing Protocol, or that the General Contractor has failed to require
others to comply. Complaints may be filed through the County Office of Labor
Standards Enforcement Advice Line (866-870-7725) or website
(www.sccfairworkplace.org).
5. Designated COVID-19 Supervisor(s)
a.The General Contractor must designate a site-specific COVID-19 Supervisor or
Supervisors to enforce the jobsite-specific Social Distancing Protocol and this
Directive. The designated COVID-19 Supervisor(s) must be present at the jobsite
at all times during construction activities. The COVID-19 Supervisor may be an
on-site worker who is designated to serve in this role. The General Contractor
must prominently post a sign at all entrances to the jobsite clearly identifying the
COVID-19 Supervisor(s) by name and providing their phone number and email
address.
b. The designated COVID-19 Supervisor(s) must review this Directive and the
jobsite-specific Social Distancing Protocol with all workers and other persons at
the jobsite. The General Contractor is responsible for making sure this occurs.
c.The COVID-19 Supervisor must monitor and ensure implementation at the jobsite
of all requirements in this Directive, the jobsite-specific Social Distancing
Protocol, and the Order.
6. Seal Off Area of Construction Project from Other Parts of Occupied Sites
Where construction work occurs within an occupied residential or commercial building,
all of the following rules apply:
a. Work areas must, to the extent feasible, be sealed off from the remainder of the
building (and from the remainder of the unit, if work is performed within a
residential unit) with physical barriers such as plastic sheeting or closed doors
sealed with tape.
b. If possible, workers must access the work area from entry/exit door(s) different
from the entry/exit door(s) used by residents or occupants accessing the remainder
of the building that is not under construction.
c.Available windows and/or doors must be used to ventilate the work area during
the workday and any other times work is performed.
d.If residents or occupants have access to the work area between workdays, the
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 7 of 12
work area must be cleaned and sanitized at the beginning and at the end of
workdays.
e.Every effort must be taken to minimize contact between workers and residents or
occupants, including maintaining a minimum of at least 6 feet of social distancing
at all times.
7. Personal Protective Equipment (PPE)
The General Contractor must obtain, provide at no cost to workers, and require that all
workers use personal protective equipment (PPE) appropriate for use in construction,
including gloves, goggles, face shields, and face coverings as appropriate for the activity
being performed. Face coverings must be worn in compliance with the State’s mandatory
Guidance for the Use of Face Coverings and any additional directives issued by the
County Health Officer. At no time may medical-grade PPE be used at a construction site
unless it is required due to the medical nature of the jobsite or local, state, or federal
workplace safety requirements.
8. Social Distancing, Sanitizing, and other Measures
a.The General Contractor must:
i.Ensure compliance at the jobsite with the Order’s density limitations
except to the extremely limited extent a higher density is temporarily
necessary to safely carry out a specific job function.
1.The density limitations apply to all indoor areas where
construction work is actively being performed. Density limitations
do not apply to staging areas or lay-down areas that are separate
from the area where construction work is actively being performed.
ii.Stagger shifts, breaks, and trade-specific work as necessary to reduce
density and allow for easy maintenance of minimum 6-foot distancing.
Staggered shifts and breaks must comply with applicable wage and hour
laws.
1.All persons must maintain minimum 6-foot distancing except to
the extremely limited extent shorter distances are temporarily
necessary to safely carry out a specific job function.
iii.Eliminate or resolve “choke points” and “high-risk areas” where workers
are unable to maintain 6-foot social distancing. The General Contractor
must prohibit or limit use of these areas to ensure that 6-foot distance can
easily be maintained between individuals.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 8 of 12
iv. If possible, ensure workers eat their meals and take their breaks outdoors,
and maintain social distancing during meals and breaks.
v. Prohibit gatherings of any size on the jobsite (except for meetings required
by this Directive), including gatherings for breaks or eating. Sharing of
any food or beverage is strictly prohibited.
vi.Cal-OSHA requires employers to provide water. Water must be provided
in single-serve containers.
vii.Prohibit use of microwaves, water coolers, and other similar shared
equipment.
b. Workers must:
i.Unless strictly necessary to carry out a job function, maintain at all times
at least 6-foot social distancing from fellow workers and all site visitors,
including delivery workers, design professionals and other project
consultants, government agency representatives (including building and
fire inspectors), and residents at residential construction sites.
ii.Not carpool to and from the jobsite except with others living within the
same household unit, or if necessary because they have no alternative
means of transportation. If workers from different households must
carpool, they must wear face coverings while riding together in the same
vehicle, sit at the greatest distance possible, and maintain ventilation by
keeping windows open as feasible.
9. Notice for Workers and Visitors of Required Practices
The General Contractor must prominently post a notice at all entrances to the jobsite
visible to all workers and visitors instructing workers and visitors to do the following:
a.Do not touch your face with unwashed hands or with gloves.
b. If equipment is shared, it must be fully sanitized before and after each use.
c.Wash your hands often with soap and water for at least 20 seconds each time, or
use hand sanitizer with at least 60% alcohol.
d. Clean and disinfect objects and surfaces you touch often, such as work stations,
keyboards, telephones, handrails, machines, shared tools, elevator control buttons,
and doorknobs.
e.Cover your mouth and nose with a tissue or cloth when you cough or sneeze, or
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 9 of 12
cough or sneeze into your elbow/sleeve – never into your hands.
f.Do not enter the jobsite if you have a fever, cough, or other COVID-19
symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at
home.
g. Constantly make sure you are staying at least 6 feet away from co-workers at all
times, unless it is absolutely necessary to get closer to complete a task for the
construction project.
h. Do not carpool to and from the jobsite with anyone except members of your own
household, or if necessary because you have no alternative means of
transportation. If you carpool with people from another household, you must wear
a face covering while riding together in the same vehicle.
i.Do not share phones or PPE.
Posters conforming to this requirement are available for download at
https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do-flyers.aspx.
10. Cooperate with County’s Case Investigation and Contact Tracing Efforts
The General Contractor must maintain a daily attendance log of all workers and visitors
at the jobsite that includes contact information (including name, phone number, address,
and email) and the date, time, and duration of each person’s presence at the jobsite. If
someone on the jobsite tests positive for COVID-19, the General Contractor is legally
required to assist the County Public Health Department in any case investigation and
contact tracing efforts.
11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements
The General Contractor must regularly check for revisions to the Order, this Directive,
relevant industry-specific guidance published by the California Department of Public
Health, and other relevant rules or guidance. The General Contractor must inform all
jobsite supervisors (including the designated COVID-19 Supervisor(s), all field
supervisors, foremen, and safety directors) and all subcontractors of any revisions or
additions to the requirements for construction projects.
Additional Rules for Large Construction Projects
This section describes additional requirements that apply only to Large Construction Projects.
12. What is a Large Construction Project?
A “Large Construction Project” is a construction project that meets any of the following
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 10 of 12
specifications:
a.For residential projects, any single-family, multi-family, senior, student, or other
residential construction project consisting of 10 or more units; or
b. For commercial projects, any construction project consisting of 20,000 or more
square feet of floor area; or
c.For mixed-use construction projects, any construction project that meets either of
the specifications above in Subparagraphs (a) and (b); or
d. Any infrastructure project that requires 20 or more workers at the jobsite at any
one time.
13.COVID-19 Supervisor’s Additional Compliance, Monitoring, and Remediation
Responsibilities
a.The designated COVID-19 Supervisor must:
i.Conduct daily briefings in person (with proper social distancing) or by
teleconference that must cover the following topics:
1.New jobsite rules and pre-jobsite travel restrictions for the
prevention of COVID-19 community spread.
2.Review of sanitizing and hygiene procedures.
3. Worker feedback on improving safety and sanitizing.
4. Coordination of construction site daily cleaning/sanitization
requirements.
5. Any newly available information regarding COVID-19.
6. Emergency protocols in the event of an exposure or suspected
exposure to COVID-19.
ii.Each day, verify and record verification that each jobsite is compliant with
this Directive. The General Contractor must collect each written
verification, store them for at least 1 year, and make them immediately
available upon request to any County official.
iii.Conduct the following activities to make sure that the jobsite is ready to
fix any violations of this Directive:
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 11 of 12
1. Develop a remediation plan;
2. If any non-compliance is identified, ensure that the remediation
plan is implemented, and post the remediation plan at all entrances
to the jobsite during the remediation period;
3. Stop any construction activity until the jobsite is back in
compliance; and
4. Report repeated non-compliance with this Directive to the
appropriate jobsite supervisors and the permitting agency for the
local government where the project is located.
b. The General Contractor is responsible for making sure the designated COVID-19
Supervisor takes all of these steps.
14. Jobsite Safety Accountability Supervisor (JSAS)
The General Contractor must assign a COVID-19 Third-Party Jobsite Safety
Accountability Supervisor (JSAS) for the jobsite. The JSAS may not be an employee of
the General Contractor. The JSAS must at a minimum hold an OSHA-30 certificate and
first-aid training, or equivalent credentials, from within the past 2 years. The JSAS must
be trained in the requirements in this Directive and the jobsite-specific Social Distancing
Protocol and must verify compliance with those requirements, including by visual
inspection and random interviews with workers. The JSAS must inspect the jobsite as
often as needed to ensure consistent compliance, but not less than once per week. The
JSAS must inspect the jobsite during normal construction hours.
a.The General Contractor must prominently post a sign at all entrances to the
jobsite visible to all workers and visitors that clearly identifies the JSAS for the
jobsite by name and providing their phone number and email address.
b.Within 7 calendar days of each jobsite visit, the JSAS must complete a written
assessment identifying any failure to comply with this Directive. The written
assessment must be copied, stored, and, produced upon request to the County or
local permitting agency.
c.If the JSAS discovers that a jobsite is not in compliance with this Directive and
the jobsite-specific Social Distancing Protocol, the JSAS must work with the
designated COVID-19 Supervisor to develop and implement a remediation plan.
d. The JSAS must coordinate with the designated COVID-19 Supervisor to prohibit
continuation of any work activity not in compliance with this Directive or the
jobsite-specific Social Distancing Protocol. The JSAS must make sure that the
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 12 of 12
work activity does not resume until the noncompliance is fixed and the continuing
work is compliant with this Directive.
e.The remediation plan must be sent to the local permitting agency and a designated
County official within 5 calendar days of the JSAS’s discovery of the failure to
comply.
15.Translation for Non-English-Speaking Workers
The General Contractor must translate (and, where otherwise required, post) all of the
following documents as necessary to ensure that all non-English-speaking workers are
able to understand the documents:
a.The Notice for Workers and Visitors of Required Practices described in Paragraph
9 (on page 8).
b. The remediation plan described in Paragraph 13.a.iii.1 (on page 11).
Stay Informed
For answers to frequently asked questions about this industry and other topics, please see the
FAQ page. Please note that this Directive may be updated. For up-to-date information on the
Health Officer Order, visit the County Public Health Department’s website at
www.sccgov.org/coronavirus.
EXHIBIT B
SERVICE ORDER PROCESS
4Leaf, Inc. Exhibit B-Service Order Process
Construction Management Services 2020-22 Page 1 of 1
The CONSULTANT shall provide services under this Master Agreement on an “as needed”
basis and only (1) upon written request from the CITY’s Director of Public Works or authorized
Agent as defined in Section 14 , Project Coordination, and (2) as defined in a fully executed
Service Order..
SECTION 1- SERVICE ORDER INITIATION
A.The City Public Works Director or his designee shall provide written request for
Consultant services as defined in this agreement. The Consultant and City shall meet to
discuss the services after which the consultant shall provide a written proposal
including specific scope of services, performance schedule, and compensation to the
City.
B.The City and Consultant shall discuss the proposal in detail and agree upon the terms of
the Service Order.
C.The City shall prepare a Project Service Order consistent with the City’s standard form,
Service Order, and Attachment A. The Service Order shall, at a minimum, include (1)
specific scope of services, deliverables, schedule of performance, and compensation.
SECTION 2- SERVICE ORDER EXECUTION
D.Both parties shall execute the Service Order as evidenced by the signatures of the
authorized representatives defined in Section 14 of the Master Agreement, Project
Coordination, and the date signed.
E.The Consultant shall begin work on the scope of services only after receipt of a fully
executed authorized Service Order defining those services. Consultant understands and
agrees that work performed before the date of the authorized Service Order or outside
the scope of services once a Service Order is signed and authorized shall be at no cost to
the City.
F.The maximum compensation authorized by a single Service Order and/or the aggregate
of Service Orders shall not exceed the maximum compensation set forth in Article 4 of
the Master Agreement.
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 Signatures:
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/
Contractor
Manager/
Supervisor:
Management Analyst
Master Agreement Maximum Compensation:
Master Agreement Unencumbered Balance:
Total Previously Encumbered to Date:
City of Cupertino Master Agreement Service Order 191002
n
Choose
Insurance Requirements for Professional/Specialized Services Agreement
1
Version: Sept. 2019
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance and results
of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL
on an “occurrence” basis, including products and completed operations, contractual liability, property
damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately
to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a.It shall be a requirement under this agreement 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 (1) the minimum
coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy, whichever is greater.
b.Additional Insured coverage under Contractor'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 CG 20 01 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 Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has
no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), 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 if Contractor provides written verification it has no employees).
4.Professional Liability. Insurance which includes coverage for professional acts, errors and omissions,
with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable).
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires
and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to
be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising
out of the Services performed by or on behalf of Contractor including materials, parts, or equipment
furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not
EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
Insurance Requirements for Professional/Specialized Services Agreement
2
Version: Sept. 2019
available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later
edition is used.
Primary Coverage
For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least
as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be
excess of Contractor’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
Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may
acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related
investigations, claim administration and defense expenses within the retention. The policy shall provide, or
be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an
A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Claims Made Policies (applicable only to professional liability)
If any of the required policies provide coverage on a claims-made basis:
1.The Retroactive Date must be shown and must be before the Effective Date of the Contract.
2.Insurance must be maintained for at least five (5) years after completion of the Services.
3.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 Contractor must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
Verification of Coverage
Contractor shall furnish the City with acceptable original 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 to City prior to commencing the
Services. City retains the right to demand verification of compliance at any time during the Contract.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional insured on insurance required from
subcontractors.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City
reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer,
coverage or other special circumstances.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO 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
7/10/2020
License # 0C41366
(925) 462-8400 (925) 462-8888
25674
4LEAF, Inc.
2126 Rheem Dr
Pleasanton, CA 94588
19445
11673
35378
A 2,000,000
X X
6800J268720 4/9/2020 4/9/2021
1,000,000
5,000
2,000,000
4,000,000
4,000,000
1,000,000A
8106P148457 5/9/2020 4/9/2021
5,000,000B
BE 017147018 4/9/2020 4/9/2021
0 5,000,000
C
X FOWC114271 4/9/2020 4/9/2021 1,000,000
Y 1,000,000
1,000,000
D Professional Liab MKLV7PL0004133 4/9/2020 Each Claim 2,000,000
All operations of the named insured. Certificate holder is named as additional insured to General Liability and Automobile Liability policies per attached
endorsements CG D3 81 09 15 and CA T3 53 02 15. Waiver of Subrogation applies to General Liability per endorsement CG D3 81 09 15. Waiver of
Subrogation applies to Auto Liability per endorsement CA T3 53 02 15.
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 04 10 C.
Professional Liability Retro Date 4/1/07
City of Cupertino
10300 Torre Ave.
Cupertino,, CA 95014
4LEAINC-01 MINED1
Granite Professional Insurance Brokerage, Inc.
6600 Koll Center Parkway #100
Pleasanton, CA 94566 commercial@graniteins.com
Travelers Property Casualty Company of America
National Union Fire Ins. Co PA
Redwood Fire & Casualty Insurance Company
Evanston Insurance
Aggregate
X
4/9/2021
X
X
X
X
X X
X
X
X
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Policy Number 6800J268720
City of Cupertino Master Agreement for CIP
Construction Management
Final Audit Report 2020-09-23
Created:2020-09-23
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA7tnpkg9IbHPrA9Uy9AlW67hg58F24D8w
"City of Cupertino Master Agreement for CIP Construction Mana
gement" History
Document created by Julia Kinst (juliak@cupertino.org)
2020-09-23 - 10:32:17 PM GMT- IP address: 64.178.242.15
Document emailed to Gene Barry (gbarry@4leafinc.com) for signature
2020-09-23 - 10:34:08 PM GMT
Email viewed by Gene Barry (gbarry@4leafinc.com)
2020-09-23 - 10:34:43 PM GMT- IP address: 68.65.68.30
Document e-signed by Gene Barry (gbarry@4leafinc.com)
Signature Date: 2020-09-23 - 10:41:54 PM GMT - Time Source: server- IP address: 68.65.68.30
Agreement completed.
2020-09-23 - 10:41:54 PM GMT
4Leaf, Inc Amend #1 for Construction
Management Services
Final Audit Report 2022-09-16
Created:2022-09-15
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAqB9shoESDdKZWgrzpzwQDF2MeZB6bcYt
"4Leaf, Inc Amend #1 for Construction Management Services" H
istory
Document created by City of Cupertino (webmaster@cupertino.org)
2022-09-15 - 9:17:00 PM GMT- IP address: 35.229.54.2
Document emailed to Julia Kinst (juliak@cupertino.org) for approval
2022-09-15 - 9:19:12 PM GMT
Document approved by Julia Kinst (juliak@cupertino.org)
Approval Date: 2022-09-15 - 9:19:50 PM GMT - Time Source: server- IP address: 216.198.111.214
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2022-09-15 - 9:19:53 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2022-09-15 - 9:54:05 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Gene Barry (gbarry@4leafinc.com) for signature
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Email viewed by Gene Barry (gbarry@4leafinc.com)
2022-09-15 - 11:18:10 PM GMT- IP address: 73.222.166.202
Document e-signed by Gene Barry (gbarry@4leafinc.com)
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Document emailed to christopherj@cupertino.org for signature
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2022-09-16 - 0:00:09 AM GMT- IP address: 104.47.73.254
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2022-09-16 - 0:00:27 AM GMT- IP address: 136.24.42.212
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-09-16 - 0:00:29 AM GMT - Time Source: server- IP address: 136.24.42.212
Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature
2022-09-16 - 0:00:31 AM GMT
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Document shared with Debra Nascimento (DebraN@cupertino.org) by City of Cupertino
(webmaster@cupertino.org)
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Document e-signed by Pamela Wu (pamelaw@cupertino.org)
Signature Date: 2022-09-16 - 5:33:51 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2022-09-16 - 5:33:53 PM GMT
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2022-09-16 - 6:12:25 PM GMT- IP address: 172.226.212.5
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2022-09-16 - 6:12:36 PM GMT - Time Source: server- IP address: 172.226.212.111
Agreement completed.
2022-09-16 - 6:12:36 PM GMT
