HomeMy WebLinkAboutC-10075-1 - On-Call PSA for Geotechnical and Materials Testing ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH VERDANTAS INC. FOR
GEOTECHNICAL AND MATERIALS TESTING SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 10th day of February, 2026 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and Verdantas Inc., a California corporation ("Consultant"), whose address is
2600 Michelson Drive, Suite 400, Irvine CA 92612, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to perform on -call geotechnical and materials
testing services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 9, 2029, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Five Hundred Thousand Dollars and 00/100 ($500,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
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who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jeff L. Hull to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Director of Public Works or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
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relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of .this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
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on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
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15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
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full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible for
the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses
arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
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21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
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25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Kristen D Williams
Verdantas Inc.
2600 Michelson Drive, Suite 400
Irvine, CA 92612
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
Verdantas Inc. Page 9
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
28.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Contract shall be paid to all workmen employed on the
Work to be done according to the Contract by the Consultant and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774 and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
28.2 If both the Davis -Bacon Act and State of California prevailing wage laws
apply and the federal and state prevailing rate of per diem wages differ, Consultant and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem
wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport
Beach, California 92660, and are available to any interested party on request.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
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county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Verdantas Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 111517E
By:�_"-7nm4@40 I V
Aa n C. Harp (LJ
City Attorney
ATTEST:
Date:
By:
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Lauren Kleiman
Mayor
CONSULTANT: Verdantas Inc.,
a California corporation
Date:
Signed in Counterpart
Bv:
Kristen D Williams
Secretary
Date:
Signed in Counterpart
By:
Sean Colorado
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Verdantas Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: tlls/ZL
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:By:
A ron C. Harp !�o �. 'L�o �,� Lauren Kleiman
City Attorney Mayor
ATTEST:
Date:
Lena Shumway
City Clerk
CONSULTANT: Verdantas Inc.,
a California corporation
Date:nI.aq.1,-�0JJ6
By: l VallkiAl—
Kristen D Williams
Secretary
Date:
By:
Sean 'de--'
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Verdantas Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
Verdantas Inc. Page A-1
SCOPE OF SERVICES
ON -CALL GEOTECHNICAL AND MATERIAL TESTING SCOPE OF SERVICES
The following is a list of on -call geotechnical and materials testing services that shall be required:
• Conduct geotechnical observations, field and lab testing for various types of projects
including, but not limited to, above and below ground structures, earthwork and grading,
slope stability analysis, gravity and pressure pipelines, and roadway construction.
• Observe and test trench backfill, street subgrade, base material, asphalt concrete (AC),
Portland Cement Concrete (PCC) and any other material.
• Perform compaction testing of various materials, laboratory testing related to all aspects
of geotechnical engineering.
• Perform wet track abrasion testing for slurry seals.
• Prepare geotechnical engineering reports with recommendations such as pavement
design and compaction reports, subgrade treatment, and various geotechnical
engineering studies.
• Attend field meetings and other geotechnical support services as requested.
• Perform field investigation such as pavement coring and boring.
• Collaborate and work with City staff on various projects as assigned.
00* City of Newport Beach
On -Call Geotechnical Observation and Material Testing Services
Scope of Services
With regard to services provided and Verdantas' expertise, the following is a summary of the services to be provided
by Consultant. Any of these services shall be utilized during the course of the Agreement to fulfil the needs of the
project.
Geotechnical Engineering and Material Sampling/Testing
GEOTECHNICAL INVESTIGATION
Geotechnical investigations shall be performed in general accordance with Orange County and governing
jurisdictional requirements. Consultant shall be mobilized and managed out of their Irvine Office and shall utilize
resources if needed from other nearby offices. Consultant shall prepare detailed proposals tailored to meet the goal
of each individual project. The proposals will present a clear summary of recommended work scope, anticipated
schedule, and a breakdown of associated fees. Each proposal will be crafted with a focus on providing expedient and
cost-effective engineering solutions.
Research and Studies: Initial Research and Studies forthe project shall consist of performing a review of existing
available documents, geologic maps, and plans relevant to the project that will provide a useful understanding of
existing site conditions and site history.
Field Exploration: In preparing the scope of a field investigation, Consultant's technical staff shall visit the Project
site to ascertain equipment access, utility conflicts, and suitable methods of exploration. Consultant shall prepare
a geotechnical scope of work specific to the Project, the site conditions, and the requirements of the City and any
other municipalities that may be concerned. Field exploration shall be conducted under the direct supervision of
licensed Geotechnical Engineers and/or Certified Engineering Geologists provided by Consultant.
Consultant's field exploration shall utilize an array of available exploration and field testing techniques, including
hollow -stem auger drilling, Cone Penetrometer Test (CPT) soundings, air- and mud -rotary drilling, rock coring, hand
excavated augers, hand excavated Dynamic Cone Penetrometers (DCP), downhole logging of large -diameter
borings, geophysical surveys, test pits, infiltration testing, installation of field monitoring instrumentation, and
others.
laboratory Testing: Selected soil samples obtained from Consultant's subsurface exploration shall be tested at
Consultant's in-house Irvine (LEA approved) geotechnical laboratory in general accordance with applicable ASTM
standards. Sample procurement and handling is performed per ASTM. Consultant has the capabilities to perform a
full spectrum of geotechnical soil testing in-house.
Report and Findings: Consultant shall prepare a geotechnical design report in general accordance with the current
California Building Code and CGS Note 48 guidelines and requirements. The report shall contain graphics and
discussions presenting findings, conclusions, and recommendations for the project. The report shall be signed by
both a California Certified Engineering Geologist (CEG) and a Geotechnical Engineer (GE) provided by Consultant.
Consultant's geotechnical investigation report shall include a summary of findings including site subsurface
conditions, geologic hazards and site seismic parameters. Geotechnical recommendations shall include earthwork
recommendations for structure pad and site preparation, foundation design parameters, lateral earth pressures,
slab on grade recommendations, pavement designs, temporary excavation, and other project -specific geotechnical
recommendations. Consultant's report shall also include construction considerations such as rippability, discussion
of ground improvement alternatives, temporary excavations, corrosivity and sulfate/chloride attack potential of site
soils, and others.
A/E Team Coordination and Review: Consultant shall provide geotechnical support for City's design team during
preparation of the project drawings and specifications. Consultant shall review the project drawings and
specifications for compliance with Consultant's geotechnical recommendations.
Verdantas.com
City of Newport Beach
On -Call Geotechnical Observation and Material Testing Services
GEOTECHNICAL OBSERVATION AND TESTING SERVICES
Consultant shall document that the work performed is in compliance with the applicable plans and specifications,
and in accordance with applicable sections of the current California Building Code. Consultant's geologist and/or
soils technician shall inspect excavations to verify that the conditions anticipated based on the approved project
geotechnical report have been encountered, and provide corrective recommendations as deemed appropriate.
Consultant's site qualified engineering technicians shall perform field observations and testing of earthwork
operations. Field testing and observation activities shall be performed on an "on -call" basis upon request by the
City at the appropriate times during construction. Consultant's field representative shall be present continuously
during the earthwork associated with remedial grading and/or preparation of building pads so they may properly
document the depth overexcavation and geotechnical characteristics of the compaction of the fill.
Consultant's scope of services shall also consist of the following field, laboratory and office work, generally
presented in chronological order:
Pre -Construction Plan Review: Perform a technical review of the grading plans and foundation plans for the Project by
Consultant's provided Geotechnical Engineer (GE) and Certified Engineering Geologist (CEG). Prepare a letter
documenting a review of each plan set, including signature and stamp, as needed.
Pre -Construction Meeting: Consultant's project manager and/or field operations manager shall attend pre -
construction meetings with representatives of the contractors/sub-contractors and construction management team to
establish any site access restrictions, points of contact, protocol for scheduling services, and distribution list for Daily
Field Reports (DFRs) and test results.
Geotechnical Field Observation and Testing: Consultant's soil technicians shall provide periodic and continuous
geotechnical observations and testing during site preparation, overexcavation, and fill placement during earthwork
construction, and general site grading. The frequency of observation and testing required shall be established by the
governing agency and the project inspector at the pre -construction meeting. In -situ density testing shall be performed
using a nuclear moisture/density gauge (ASTM D 6938).
Geotechnical laboratory Testing: Geotechnical (soil) laboratory testing of selected onsite or import soil samples shall
be performed to evaluate their geotechnical characteristics.
Project Management: Consultant shall review DFRs and laboratory test results, and prepare reports for distribution.
Geotechnical concerns encountered in the field and noted in the daily reports, and any material tested and found to
not conform to project specifications, shall be brought to City's attention. Consultant's Certified Engineering
Geologist shall provide supervision, quality review, and project management . Hard copies of the DFRs shall be
made available to City upon request.
Verdantas. com
City of Newport Beach
On -Call Geotechnical Observation and Material Testing Services
MATERIALS TESTING AND SPECIAL INSPECTION SERVICES
Consultant shall prepare neat, clear, and detailed inspection reports, maintain both daily inspection reports, and
maintain a daily diary of inspection activities. Reports shall includes recognition of whether the work in progress
conforms to the approved plans, specifications, and generatejob memorandums for review and approval by the
City. Consultant's laboratory shall provide a quality assurance plan for reliable tests results that are communicated
in a timely manner and proper documentation for project close-out. Typical materials testing and special inspection
tasks include, but are not limited to, the following:
Concrete Testing and Inspection: Provide experienced inspectors during concrete batch plant operations. Batch
plant inspection shall consist of monitoring the batch weights and periodic inspection of the aggregate stockpiles
and cement bins. Written reports of all inspections shall be provided on a daily basis and at the completion of the
Project. Consultant shall also perform material testing of Portland concrete cement (PCC) cylinders.
Compression testing of concrete specimens sampled by Consultant shall be performed in accordance to ASTM C39.
Written reports of all tests presenting applicable information shall be prepared at the completion of testing and
distributed as required by the City.
Asphaltic Concrete: Consultant shall provide inspectors during asphaltic concrete plant operations. Written reports of
the inspections shall be provided on a daily basis and at the completion of the Project.
Expansion and Adhesive Anchors, Dowels: Consultant shall provide special inspection of powder driven concrete
anchors, expansion anchors, adhesive anchors and dowels. Consultant will examine the installation of these
anchors in accordance with ICC research report for the specific anchor to be used. Consultant shall provide proof
testing in tension for the installed anchors per the testing frequencies stated in the approved contract documents.
Structural Masonry Inspection: Consultant shall provide inspectors that have been certified as a special inspector
for structural masonry. Their work shall consist of inspection of placement of all reinforcing steel and masonry units
during the construction of the structures for compliance of the approved plans and job specifications Inclusive of
material testing of mortar and grout. Compression testing of composite masonry prisms, mortar cylinders and grout
prism test specimens molded by Consultant shall be performed in accordance to ASTM E447, C780 and C1019.
Consultant shall also provide written reports of all tests presenting applicable information as required by the City.
Structural Steel: Consultant shall perform inspection of welding procedures and welds for conformance to
approved plans, specifications, and building codes. This inspection shall be on a continuous basis during all shop
structural welding. Consultant's inspector may use gamma ray, sonic or any other aid for visual inspection that may
deem necessary to assure the adequacy of the welding.
During welding inspection, inspector shall examine the installation of high -strength bolts for conformance to the job
specifications. inspector shall check the materials, equipment, and details of construction and installation
procedure. Daily reports of the inspections and weekly summary reports shall be provided to the City.
Fireproofing: Consultant's inspectors shall be certified as special inspectors for the installation of spray -applied
fireproofing. During installation of spray -applied fireproofing, inspectors will check the thickness, perform adhesion
testing in the field, and sample applied material for testing in the laboratory.
Roofing Inspection: If needed, a subconsultant shall provide roofing inspection services and review of roofing
specifications, address any issues, and agree on corrective actions prior to the start of installation. Consultant's
inspector shall perform full-time inspections, assuring adherence to roof specifications, and provide close-out
documents.
Laboratory Testing: All tests shall be performed in accordance with the respective ASTM test method and California
test method as appropriate, in accordance with all requirements.
Verdantas.com
EXHIBIT B
SCHEDULE OF BILLING RATES
Verdantas Inc. Page B-1
verda ntas City of Newport Beach On -Call Services
2025 BILLING RATE SCHEDULE (Verdantas West)
Professional Services
Hourly Rate
Support Cont'd
Hourly Rate
Senior Consultant I, Associate
$285.00
Administrative/[Technical
$100.00
Senior Consultant II, Principal
$325.00
Editor/ Project Coordinator I
Senior Consultant III, Sr. Principal
$380.00
Administrative//Technical
$130.00
Project Manager
$245.00
Editor/Project Coordinator I I
Senior Project Manager
$260.00
Operations / Laboratory Manager
$230.00
Field/Lab Supervisor
$180.00
Staff I Engineer/Scientist/Geologist
$200.00
Staff II Engineer/Scientist/Geologist
$205.00
CAD/GIS/Data Management
Hourly Rate
Project Engineer/Scientist/Geologist
$225.00
CAD Designer 1
$150.00
Senior Engineer/Scientist/Geologist
$245.00
CAD Designer II
$165.00
Project Designer
$170.00
Support
Hourly Rate
Senior Project Designer
$190.00
Field/Lab Technician 1
$110.00
CAD Technician 1
$130.00
Field/Lab Technician II/Special Inspector
$120.00
CAD Technician II
$145.00
Field/Lab Technician III/Special Inspector II
$130.00
CAD Technician III
$155.00
Senior Technician/Senior Special Inspector
$140.00
Source Inspector
$165.00
GIS Analyst 1
$155.00
System Operation & Maintenance Specialist
$190.00
GIS Analyst II
$165.00
Non -Destructive Testing (NDT) Specialist
$195.00
Senior GIS Analyst
$220.00
Prevailing Wage (Group 1) *
$195.00
GIS Technician 1
$130.00
Prevailing Wage (Group 2)
$200.00
GIS Technician II
$150.00
Prevailing Wage (Group 3)
$205.00
City of Los Angeles Deputy Building/
$205.00
Data Manager
$170.00
Grading Inspector
Senior Data Manager
$195.00
NOTES:
1. Standard Billing Rates: Our standard billing rates will remain un-modified throughout the duration of the contract term.
2. *Prevailing Wages: Our fees for prevailing wage work are based upon California prevailing wage laws and wage determinations. Unless
specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project,
additional fees will be charged. Prevailing wage rates will increase by $8 on July 1 st of each year.
3. Higher Hourly Rates: Certain services, such as emergency/rapid response consulting, may be subject to higher hourly billing rates as
agreed upon on a project -specific basis.
4. Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-
exempt field personnel working on a Verdantas observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing
wage work is per the California Department of Industrial Relations (DIR) determination and is multiplied at 1.5 to 2 times their hourly billing
rate for overtime and double-time, respectively.
5. Field Equipment and Supplies: Field equipment and in-house supplies will be billed at fixed unit prices, subject to periodic updates.
6. Subcontractors and Project Expenses: Heavy equipment, subcontractor fees and expenses, project -specific permits and/or licenses,
project -specific supplemental insurance, travel, subsistence, project -specific parking charges, shipping, reproduction, and other
reimbursable expenses will be invoiced at cost plus 15%, unless billed directly to and paid by client or in accordance with the specific project
agreement.
7. Mileage: Standard billing rates include all incurred mileage.
8. Minimum Field Hourly Charges: For Field Technicians, Special Inspectors, or any on -site (field) materials testing services:
2 hours: 2-hour minimum charge will be applied to any field visit for technicians or to any service canceled on the same day of service.
4 hours: 4-hour minimum charge up to the first four hours of work.
8 hours: 8-hour minimum charge for over four hours of work, up to eight hours.
Project time accrued includes portal to portal travel time for technicians and special inspectors.
9. Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and
hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Verdantas for all costs related to unanticipated
discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all
Verdantas field personnel.
10. All expert fees, overtime fees, materials and equipment fees, and overall project fees shall be approved in writing by the City prior to being
incurred.
West 1110512025 - Full
Nerda ntas City of Newport Beach On -Call Services
GEOTECHNICAL LABORATORY TESTING
METHOD
$/TEST
METHOD
$/TEST
Classification & Index Properties
Soil Chemistry & Corrosivity cont'd
Photograph of sample
15
Sulfate content - by ion chromatograph (CTM 417 Part 2)
85
Moisture content (ASTM D2216)
25
Sulfate screen (Hach@)
35
Moisture & density (ASTM D2937) ring samples
37
Chloride content (AASHTO T291/CTM 422)
75
Moisture & density (ASTM D2937) Shelby tube or cutting
45
pH + minimum resistivity (CTM 643)
140
Atterberg limits 3 points (ASTM D4318)
160
Chloride content — by ion chromatograph (AASHTO
85
- Single point, non -plastic
90
T291/CTM 422)
- Atterberg limits (organic ASTM D2487 / D4318)
195
Corrosion suite: minimum resistivity, sulfate, chloride,
285
- Visual classification as non -plastic (ASTM
15
pH (CTM 643)
D2488) Particle size:
Organic matter content (ASTM D2974)
70
- Sieve only 1'/2 inch to #200 (AASHTO T27/ASTM
155
Consolidation & Expansion/Swell Tests
C136/ASTM D6913/CTM 202)
Consolidation (ASTM D2435):
210
- Large sieve 6 inch to #200 (AASHTO T27/ASTM
195
Each additional time curve.
50
C136/ASTM D6913/CTM 202)
Each additional load/unload w/o time reading
45
- Hydrometer only (ASTM D7928)
120
Expansion Index (ASTM D4829)
140
- Sieve + hydrometer <-3 inch sieve, (ASTM D7928)
200
Relative compaction of untreated/treated soils/
270
- Percent passing #200 sieve, wash only (ASTM D1140)
75
aggregates (CTM 216)
Specific gravity and absorption of fine aggregate
140
Relative density 0.1 ft mold (ASTM D4253, D4254)
250
(AASHTO T84/ASTM C128/ASTM D854/CTM 207)
California Bearing Ratio (ASTM D1883) - 3 point
535
Specific gravity and absorption of coarse aggregate
110
California Bearing Ratio (ASTM D1883) -1 point
200
(AASHTO T85/ASTM C127/CTM 206)
R-Value untreated soils/aggregates (AASHTO T190/
335
Total porosity - on Shelby tube sample (calculated)
180
ASTM D2844/CTM 301)
Total porosity - on other sample (calculated)
165
R-Value lime or cement treated soils/aggregates
365
Shrinkage limits wax method (ASTM D4943)
135
(AASHTO T190/ ASTM D2844/CTM 301)
Pinhole dispersion (ASTM D4647)
225
Swell collapse Method A up to 10 load/unloads w/o
310
Total porosity - on other sample (calculated)
165
time curves (ASTM D4546-A)
Dispersive characteristics (double hydrometer ASTM
215
Single load swell/collapse - Method B (ASTM
115
D4221)
D4546-13, seat, load & inundate only)
As -received moisture & density (chunk/carved sample)
65
Triaxial Tests
Sand Equivalent (AASHTO T176/ASTM D2419/CTM 217)
115
Unconfined compression strength of cohesive soil
145
Sieve + hydrometer <-3-inch sieve, (ASTM D7928)
200
(with stress/strain plot, ASTM D2166)
Shear Strength
Unconsolidated undrained triaxial compression test
185
Pocket penetrometer
20
on cohesive soils(UU, ASTM D2850, USACE Q test,
Direct shear (ASTM D3080, mod., 3 points):
per confining stress)
- Consolidated undrained - 0.05 inch/min (CU)
320
Consolidated undrained triaxial compression test
400
- Consolidated drained - <0.05 inch/min (CD)
385
for cohesive soils, (CU, ASTM D4767, USACE R-bar test)
Residual shear EM 1110-2-1906-IXA (price per each
55
with back pressure saturation & pore water pressure
additional pass after shear)
measurement (per confining stress)
Remolding or hand trimming of specimens (3 points)
95
Consolidated drained triaxial compression test (CD,
Oriented or block hand trimming (per hour)
70
USACE S), with volume change measurement. Price
Single point shear
115
per soil type below EM 1110-21906(X):
Torsional shear (ASTM D6467 / ASTM D7608)
880
- Sand or silty sand soils (per confining stress)
400
Compaction & Pavement Sub -grade Tests
- Silt or clayey sand soils (per confining stress)
535
Standard Proctor compaction, 4 points (ASTM D698)
- Clay soils (per confining stress)
755
- 4-inch diameter mold (Methods A & B)
170
- Three -stage triaxial (sand or silty sand soils)
700
- 6-inch diameter mold (Method C)
230
- Three -stage triaxial (silt or clayey sand soils)
935
Modified Proctor compaction 4 points (ASTM D1557):
- Three -stage triaxial (clay soils)
1,320
- 4-inch diameter mold Methods A & B
235
- Remolding of test specimens
70
- 6-inch diameter mold Method C
265
Hydraulic Conductivity Tests
Check point (per point)
70
Triaxial permeability in flexible -wall permeameter with
335
Relative compaction of untreated/treated
270
backpressure saturation at one effective stress (EPA
soils/aggregates (CTM 216)
9100/ASTM D5084, falling head Method C):
Relative density 0.1 ft mold (ASTM D4253, D4254)
250
Each additional effective stress
130
California Bearing Ratio (ASTM D1883) - 3 point
535
Hand trimming of soil samples for horizontal K
65
California Bearing Ratio (ASTM D1883) -1 point
200
Remolding of test specimens
70
R-Value untreated soils/aggregates (AASHTO T190/
335
Permeability of granular soils (ASTM D2434)
145
ASTM D2844/CTM 301)
Soil -Cement
R-Value lime or cement treated soils/aggregates
365
Moisture -density curve for soil -cement mixtures (ASTM
260
(AAS HTO T190/ ASTM D2844/CTM 301)
D558)
Soil Chemistry & Corrosivity
Wet -dry durability of soil -cement mixtures (ASTM D559)
1,290
pH Method A (ASTM D4972 or CTM 643)
50
Compressive strength of molded soil -cement cylinder
65
Electrical resistivity — single point — as received moisture
50
(ASTM D1633)'
Minimum resistivity 3 moisture content points (ASTM
95
Soil -cement remolded specimen (for shear strength,
250
G187/CTM 643)
consolidation, etc.)'
pH + minimum resistivity (CTM 643)
140
'Compaction (ASTM D558 maximum density) should
Sulfate content - gravimetric (CTM 417 B Part 2)
75
also be performed — not included in above price
West 1110512025 - Full
verdaetas City of Newport Beach On -Call Services
CONSTRUCTION MATERIALS LABORATORY TESTING
METHOD
$/TEST
METHOD
$/TEST
Concrete Strength Characteristics
Aggregate Properties cont'd
Concrete cylinders compression (ASTM C39) (6" x 12"
40
Flat & elongated particles in coarse aggregate (ASTM
230
and 4" x 8")
D4791/CTM 235)
Compression, concrete or masonry cores (testing only)
45
Cleanness value of coarse aggregate (CTM 227)
225
:56 inch (ASTM C42)
Soundness, magnesium (AASHTO T104/ASTM
240
Trimming concrete cores (per core)
25
C88/CTM 214)
Flexural strength of concrete (simple beam-3rd pt. loading,
90
Soundness, sodium (AASHTO T104/ASTM C88/
695
ASTM C78/CTM 523)
CTM 214)
Flexural strength of concrete (simple beam- center pt.
90
Masonry
loading, ASTM C293/CTM 523)
Mortar cylinders 2" x 4" (ASTM C780)
35
Non shrink grout cubes (2 inch, ASTM C109/C1107)
30
Grout prisms 3" x 6" (ASTM C1019).
35
Drying shrinkage -four readings, up to 90 days, 3 bars
430
Masonry cores compression, 156" diameter - testing
45
(ASTM C157)
only (ASTM C42)
Length of concrete cores (CTM 531)
45
Masonry core shear testing (Title 24)
85
Hot Mix Asphalt (HMA)
Veneer bond strength, cost for each - 5 required
60
Resistance of compacted HMA to moisture -induced
2,250
(ASTM C482)
damage (AASHTO T283/CTM 371)
CMU compression to size 8" x 8" x 16" - 3 required
60
Hamburg Wheel, 4 briquettes (modified) (AASHTO T324)
965
(ASTM C140)
Superpave gyratory compaction (AASHTO T312/ ASTM
375
CMU moisture content, absorption & unit weight - 6
55
D6925)
required (ASTM C140)
Extraction by ignition oven, percent asphalt (AASHTO
160
CMU linear drying shrinkage (ASTM C426)
190
T308/ASTM D6307/CTM 382)
CMU grouted prisms compression test _<8" x 8" x 16"
215
Ignition oven correction/correlation values
1,445
(ASTM C1314)
(AASHTO T308/ASTM D6307/CTM 382)
CMU grouted prisms compression test > 8" x 8" x 16"
270
Extraction by centrifuge, percent asphalt (ASTM D2172)
160
(ASTM C1314)
Gradation of extracted aggregate (AASHTO T30/ ASTM
145
Fasteners/Bolts/Rods
D5444/CTM 202)
F1554 Bolts, tensile test, <_ up to 1-1/4" diameter,
110
Stabilometer, S-Value (ASTM D1560/CTM 366)
285
plain (ASTM A370)
Bituminous mixture preparation (AASHTO R30/ CTM 304)
85
F1554 Bolts, tensile test, <_ up to 1-1/4" diameter,
130
Moisture content of HMA (AASHTO T329/ASTM D6037
65
galvanized (ASTM A370)
/CTM 370)
F3125 GR A307, A325 Bolts, tensile test, <_ up to 1-
70
Bulk specific gravity of compacted HMA, molded
55
1 /4" diameter, plain (ASTM A370)
specimen or cores, uncoated (AASHTO T166/ ASTM
F3125 GR A307, A325 Bolts, tensile test, <_ up to 1-
80
D2726/CTM 308)
1/4" diameter, galvanized (ASTM A370)
Bulk specific gravity of compacted HMA, molded
60
A490 Bolts, tensile test, _< up to 1-1 /4" diameter,
70
specimen or cores, paraffin -coated (AASHTO T275/
plain (ASTM A370)
ASTM D1188/CTM 308)
A490 Bolts, tensile test, <_ up to 1-1/4" diameter,
80
Maximum density - Hveem (CTM 308)
215
galvanized (ASTM A370)
Theoretical maximum density and specific gravity of
140
A593 Bolts, tensile test, <_ up to 1-1/4" diameter,
70
HMA (AASHTO T209/ASTM D2041 /CTM 309)
stainless steel (ASTM A370)
Thickness or height of compacted bituminous paving
45
Reinforcing Steel and Prestressing Strands
Mixture specimens (ASTM D3549)
Rebar bend test, up to No. 11 (ASTM A370)
70
Wet track abrasion of slurry seal (ASTM D3910)
160
Rebar bend test, >_ No. 14 & over (ASTM A370)
215
Rubberized asphalt (add to above rates)
+25%
Resistance butt-welded-hoops/bars, tensile test, <_ up
70
Brick
to No. 10 (CTM 670)
Compression - cost for each, 5 required (ASTM C67)
55
Resistance butt -welded hoops/bars, tensile test, >_ No.
90
Absorption - cost for each, 5 required (ASTM C67)
55
11 & over (CTM 670)
Aggregate Properties
Mechanical rebar splice, tensile test, <_ up to No. 11
70
Bulk density and voids in aggregates (AASHTO T19/
55
(CTM 670)
ASTM C29/ CTM 212)
Mechanical rebar splice, slip test, <_ up to No. 11
45
Organic impurities in fine aggregate sand (AASHTO T21/
65
(CTM 670)
ASTM C40/CTM 213)
Mechanical rebar splice, tensile test, >_ No. 14 &
215
LA Rattler -smaller coarse aggregate <1.5" (AASHTO
215
over (CTM 670)
/ASTM C131/ CTM 211)
Mechanical rebar splice, slip test, >_ No. 14 & over
215
LA Rattler -larger coarse aggregate 1-3" (AASHTO T96/
270
(CTM 670)
ASTM C535/CTM 211)
Headed rebar splice, tensile test, <_ up to No. 11
70
Apparent specific gravity of fine aggregate (AASHTO T84/
140
(CTM 670)
ASTM C128/CTM 208)
Headed rebar splice, tensile test, >_ No. 14 & over
215
Specific gravity and absorption of coarse aggregate (ASTM
110
(CTM 670)
C127/CTM 206) 44 retained
Epoxy coated rebar/dowel continuity (Holiday)
70
Clay lumps, friable particles (AASHTO T112/ASTM C142)
190
(ASTM A775/A934)
Durability Index (AASHTO T210/ASTM D3744/ CTM 229)
215
Epoxy coated rebar flexibility/bend test, up to No.
50
Moisture content of aggregates by oven drying (AASHTO
45
11 (ASTM A775/A934)
T255/ASTM C566/CTM 226)
Prestressing wire, tension (ASTM A416)
190
Uncompacted void content of fine aggregate (AASHTO
140
Sample preparation (cutting)
55
T304/ ASTM C1252/ CTM 234)
Epoxy coated rebar/dowel film thickness (coating)
50
Percent of crushed particles (AASHTO T335/ ASTM
145
test (ASTM A775/ A934)
D5821/CTM 205)
West 1110512025 - Full
verda ntas City of Newport Beach On -Call Services
CONSTRUCTION MATERIALS LABORATORY TESTING
METHOD
Streetlights/Signals
LED Luminaires / Signal Modules / Countdown
Pedestrian Signal Face Modules (Caltrans RSS 86)
Spray Applied Fireproofing
Unit weight (density, ASTM E605)
Sample Transport
Pick-up and delivery (weekdays, per trip, <50 mile
radius from our office)
Notes
WEST
METHOD
Bearing Pads/Plates and Joint Seal
By
Elastomeric bearing pads (Caltrans SS 51-3)
Quote
Elastomeric bearing pad with hardness and
compression tests (Caltrans SS 51-3)
65
Type A Joint Seals (Caltrans SS 51-2)
Type B Joint Seals (Caltrans SS 51-2)
110
Bearing plates (A536)
$/TEST
1,060
1,315
1,735
1,640
770
1. Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue
beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials
will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time
for geotechnical-laboratory test results is 10 working days. Samples will be stored for 2 months following completion of assigned tests, after which
they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $15 per bag
and $6 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in California. There may be additional cost for
handling imported samples.
2. Construction Material Samples: After all designated breaks for a given sample set meet specified compressive at design age or other client -
designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. Unless
specifically requested otherwise, all other construction materials will be disposed of after completion of testing and reporting.
3. Additional project fees and storage fees for samples shall be approved in writing by the City prior to being incurred.
EQUIPMENT LISTING
CLASSIFICATION
/UNIT
CLASSIFICATION
/UNIT
1/4 inch Grab plates
5/ each
Global Positioning System/Laser Range Finder
80/day
1/4 inch Tubing (bonded)
0.60/foot
Hand auger set
90/day
1/4 inch Tubing (single)
0.40/foot
HDPE safety fence (:5100 feet)
40/roll
3/8 inch Tubing, clear vinyl
0.60/foot
Horiba U-51 water quality meter
135/day
4-Gas meter (RKI Eagle or similar)/GEM 2000
140/day
Light tower (towable vertical mast)
150/day
Air flow meter and purge pump (200 cc/min)
55/day
Magnehelic gauge
15/day
Box of 24 soil drive -sample rings
130/box
Manometer
25/day
Brass sample tubes
11/each
Mileage (will adjust with IRS published rate)
0.70/mile
Caution tape (1000-foot roll)
22/each
Moisture test kit (excludes labor to perform test, ASTM
65/test
Combination lock or padlock
15/each
E1907)
Compressed air tank and regulator
55/day
Nuclear moisture and density gauge
88/day
Concrete coring machine (:56-inch-dia)
160/day
Electrical moisture and density gauge
88/Day
Consumables (gloves, rope, soap, tape, etc.)
40/day
Pachometer
50/day
Core sample boxes
30/each
Particulate Monitor
135/day
Crack monitor Two -Dimensional
30/each
pH/Conductivity/Temperature meter
60/day
Crack monitor Thee -Dimensional
40/each
Photo -Ionization Detector (PID)
150/day
Cutoff saws, reciprocating, electric (Sawzall®)
80/day
Pump, Typhoon 2 or 4 stage
55/day
D-Meter Walking Floor Profiler
110/day
QED bladder pump w/QED control box
175/day
Disposable bailers
25/each
Quire fee — Phase I only
250/each
Disposable bladders
20/each
Resistivity field meter and pins
200/day
Dissolved oxygen meter
75/day
Slip / threaded cap, 2-inch or 4-inch diameter,
20/each
DOT 55-gallon containment drum with lid
85/drum
PVC Schedule 40
Double -ring infiltrometer
135/day
Slope inclinometer
250/day
Dual -stage interface probe
85/day
Soil sampling T-handle (Encore)
10/day
Dynamic Cone Penetrometer
430/day
Soil sampling tripod
40/day
Generator, portable gasoline fueled, 3,500 watts
90/day
Speedy (R) moisture tester
10/day
Stainless steel bailer
60/day
Vapor sampling box
65/day
Submersible pump with controller
180/day
Vehicle usage (carrying equipment)
20/hour
Submersible pump/transfer pump, 10-25 gpm
65/day
VelociCalc
40/day
Support service truck usage (well installation)
250/day
Visqueen (20 x 100 feet)
130/roll
Survey/fence stakes
10/each
Water level indicator (electronic well sounder)
100/day
Tedlar® bags
25/each
<300 feet deep well
Traffic cones (s25)/barricades (single lane)
55/day
ZIPLEVEL&
40/day
Turbidity meter
80/day
Other specialized geotechnical and environmental testing
Tyvek® suit (each)
25/each
and monitoring equipment are available, and priced per site.
Additional project fees shall be approved in writing by the City prior to
being incurred.
West 1110512025 - Full
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply
and that coverage does not meet these requirements, Consultant agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City of Newport Beach,
its City Council, boards and commissions, officers, agents, volunteers
and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from bodily
injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
Verdantas Inc. Page C-1
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of
Consultant arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount
of two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the Effective Date of this
Agreement and Consultant agrees to maintain continuous coverage
through a period no less than three years after completion of the
Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Consultant's primary and excess/umbrella liability policies are
exhausted.
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City of Newport Beach, its City Council, boards and
commissions, officers, agents, volunteers, employees or shall
specifically allow Consultant or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior
to a loss. Consultant hereby waives its own right of recovery against
Verdantas Inc. Page C-2
City, and shall require similar written express waivers from each of its
subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide
that City of Newport Beach, its City Council, boards and commissions,
officers, agents, volunteers, employees shall be included as insureds
under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which
ten (10) calendar days' notice is required) or nonrenewal of coverage
for each required coverage.
E. Subconsultants. Consultant shall require and verify that all
subconsultants maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subconsultants. For CGL coverage
subconsultants shall provide coverage with a format at least as broad
as CG 20 38 04 13. Limits of liability for General Liability and
Professional Liability (Errors & Omissions) in an amount not less than
one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000)
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage.
Insurance certificates and endorsement must be approved by City's
Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Agreement. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf. At least fifteen (15) days prior to the
expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with
the City. If such coverage is cancelled or reduced, Consultant shall,
within ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing
that the required insurance has been reinstated or has been provided
Verdantas Inc. Page C-3
through another insurance company or companies. City reserves the
right to require complete, certified copies of all required insurance
policies, at any time.
B. CitV's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subconsultants or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify
that all subconsultants maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subconsultants. For CGL coverage,
subconsultants shall provide coverage with a format at least as broad
as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
If the Consultant maintains higher limits than the minimums shown
above, the City requires and shall be entitled to coverage for higher
limits maintained by the Consultant. Any available insurance proceeds
in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self- insurance will not be considered to comply with these requirements
unless approved by City.
Verdantas Inc. Page C-4
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
until proper evidence of insurance is provided. Any amounts paid by City
shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or
may involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
Verdantas Inc. Page C-5
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