ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH VERDANTAS INC. FOR
GEOTECHNICAL AND MATERIALS TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered intoas of this 10th day of February, 2026 (“EffectiveDate”), by and between the CITY OF NEWPORT BEACH, a Californiamunicipal corporation and charter city(“City”),and Verdantas Inc.,a Californiacorporation(“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 validlyexistingunder the laws of the State of Californiawith the power to carry on itsbusiness as itisnow being conducted under the statutes of the State of California and the Charter of City.
City desires to engage Consultant to perform on-callgeotechnical and materials testingservices (“Project”).
Consultant possesses the skill,experience, ability,background, certificationand knowledge to provide the professional servicesdescribed inthisAgreement.
B.
C.
D. City has solicitedand received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retainConsultant to render professional services under the terms and conditions set forthinthisAgreement.
NOW, THEREFORE, itismutually agreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on the EffectiveDate, and shall terminate on February 9, 2029, unless terminated earlieras set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform the on-call services described in the Scope of Services attached hereto as ExhibitA and incorporated herein by reference (“Services” or “Work”). Upon written request from the Project Administrator as defined herein.
Consultant shallprovide a letterproposal forServices requested by the City (hereinafter referredto as the “LetterProposal”). The LetterProposal shallinclude the following:
2.1 2.1.1 A detailed descriptionof the Services to be provided;
2.1.2 The positionof each person to be assigned to perform the Services, and the name of the individualsto be assigned, ifavailable; Attachment A
2.1.3 The estimated number of hours and cost to complete the Services; and
2.1.4 The time needed to finishthe specificproject.
No Services shallbe provided untilthe ProjectAdministratorhas provided writtenacceptance of the LetterProposal. Once authorizedto proceed, Consultant shall diligentlyperform the duties inthe approved LetterProposal.
2.2 3. TIME OF PERFORMANCE
Time isofthe essence inthe performance of Services under thisAgreement and Consultant shallperform the Services in accordance with the schedule included in ExhibitA and the Letter Proposal. In the absence of a specificschedule, the Services shall be performed to completion in a diligentand timely manner. The failureby Consultantto strictlyadhere to the schedule setforthinExhibitA and the LetterProposal, ifany, or perform the Services ina diligentand timelymanner may resultin termination of thisAgreement by City.
3.1 Notwithstanding the foregoing. Consultant shall not be responsible for delays due to causes beyond Consultant’sreasonable control. However, in the case of any such delay inthe Services to be provided forthe Project,each partyhereby agrees to provide noticewithintwo (2)calendar days of the occurrence causing the delay to the other partyso thatalldelays can be addressed.
Consultantshallsubmit allrequestsforextensionsof time for performance in writingto the ProjectAdministratoras defined herein not laterthan ten (10) calendar days afterthe startof the conditionthat purportedlycauses a delay. The Project Administratorshallreview allsuch requestsand may grant reasonable time extensions forunforeseeabledelays thatare beyond Consultant’scontrol.
For alltime periods not specificallyset forth herein. Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-deliveryor mail.
3.2 3.3
3.4 4. COMPENSATION TO CONSULTANT
City shallpay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisionsof thisSection and the LetterProposal and the Schedule of BillingRates attached hereto as ExhibitB and incorporated herein by reference.Consultant’scompensation forallWork performed in accordance with this Agreement, includingallreimbursable items and subconsultant fees, shall not exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00),without prior written authorizationfrom City. No billingratechanges shallbe made during the term of this Agreement withoutthe priorwrittenapprovalofCity.
Consultant shallsubmit monthly invoicesto City describingthe Work performed the preceding month. Consultant’sbillsshallinclude the name of the person
4.1 4.2
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who performed the Work, a briefdescriptionofthe Services performed and/or the specific task in the Scope of Services to which itrelates,the date the Services were performed, the number of hours spent on allWork billedon an hourly basis,and a descriptionof any reimbursable expenditures. City shallpay Consultant no laterthan thirty(30) calendar days afterapproval of the monthly invoiceby Citystaff.
Cityshallreimburse Consultant only forthose costs or expenses specifically identifiedin ExhibitB to thisAgreement and the LetterProposal or specificallyapproved inwritingin advance by City.
Consultant shallnot receive any compensation for Extra Work performed without the priorwrittenauthorizationof City. As used herein, “Extra Work” means any Work that isdetermined by Cityto be necessary forthe 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 BillingRates as set forthin ExhibitB and the LetterProposal.
4.3 4.4
5. PROJECT MANAGER
Consultant shalldesignate a Project Manager, who shallcoordinate all phases of the Project. This ProjectManager shallbe availableto City at allreasonable times during the Agreement term. Consultant has designated JeffL. Hullto be itsProject Manager. Consultant shallnot remove or reassignthe Project Manager or any personnel listedin ExhibitA or assign any new or replacement personnel to the Projectwithout the priorwritten consent of City. City’sapproval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.
Consultant,atthe sole discretionof City,shallremove from the Projectany of itspersonnel assigned to the performance of Services upon writtenrequest of City.
Consultant warrants thatitwillcontinuouslyfurnishthe necessary personnel to complete the Projecton a timelybasis as contemplated by thisAgreement.
IfConsultant isperforming inspectionservicesforCity,the ProjectManager and any other assigned staffshallbe equipped with a cellularphone to communicate with City staff.The ProjectManager’s cellularphone number shallbe provided to City.
5.1 5.2
5.3 6. ADMINISTRATION
This Agreement willbe administered by the Public Works Department. City’s Directorof PublicWorks or designee shallbe the ProjectAdministrator and shall have the authorityto act forCity under thisAgreement. The ProjectAdministrator shallrepresent City in allmatters pertainingto the Services to be rendered pursuant to thisAgreement.
7. CITY'S RESPONSIBILITIES
To assistConsultant inthe execution of itsresponsibilitiesunder thisAgreement, City agrees to provide access to and upon request of Consultant,one copy of allexisting Verdantas Inc. Page 3
relevantinformationon fileat City. Citywillprovide allsuch materialsina timelymanner so as not to cause delays in Consultant’s Work schedule.
8. STANDARD OF CARE
8.1 Allof the Services shallbe performed by Consultant or under Consultant’s supervision. Consultant represents that itpossesses the professional and technical personnel requiredto perform the Services required by thisAgreement, and that itwill perform allServices in a manner commensurate with community professionalstandards and with the ordinary degree of skilland care that would be used by other reasonably competent practitionersof the same disciplineunder similar circumstances. All Services shallbe performed by qualifiedand experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifiesthat the Work conforms to the requirements of thisAgreement, allapplicablefederal,stateand locallaws, and legally recognized professional standards.
8.2 Consultantrepresentsand warrantstoCitythatithas, shallobtain,and shall keep in fullforce and effectduring the term hereof,at itssole cost and expense, all licenses,permits,qualifications,insuranceand approvalsof whatsoever nature that is legallyrequiredof Consultantto practiceitsprofession.Consultantshallmaintaina City of Newport Beach business licenseduringthe term ofthisAgreement.
8.3 Consultant shallnot be responsiblefor delay,nor shall Consultant be responsible fordamages or be indefaultor deemed to be indefaultby reason of strikes, lockouts,accidents, acts of God, or the failureof City to furnishtimelyinformationor to approve or disapprove Consultant’sWork promptly,or delay or faultyperformance by City,contractors,or governmental agencies.
9. HOLD HARMLESS
To the fullestextent permittedby law. Consultant shallindemnify, defend and hold harmless City,itsCity Council, boards and commissions, officers,agents, volunteersand employees (collectively,the “IndemnifiedParties”),from and againstany and allclaims (including,without limitation,claims forbodilyinjury,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 courtcosts)of every kind and nature whatsoever (individually,a Claim;collectively,“Claims”),and which relate(directlyor indirectly)tothe negligence, recklessness, or willfulmisconduct of the Consultant or itsprincipals,officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directlyor indirectlyby any ofthem or forwhose actsthey may be liable,or anyor all of them.
9.1 Notwithstandingthe foregoing,nothinghereinshallbe construed to require Consultant to indemnify the Indemnified Partiesfrom any Claim arisingfrom the sole negligence, activenegligence or willfulmisconduct ofthe IndemnifiedParties.Nothing in thisindemnityshallbe construedas authorizingany award ofattorneys’fees inany action
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on or to enforce the terms of thisAgreement. This indemnity shallapply to allclaims and liabilityregardlessof whether any insurance policiesare applicable. The policylimitsdo not act as a limitationupon the amount of indemnificationto be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
Itis understood that City retainsConsultant 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 controlof Consultant, except to the extent they are limitedby statute,ruleor regulationand the expressed terms of thisAgreement. No civil service status or other rightof employment shallaccrue to Consultant or itsemployees.
Nothing in thisAgreement shall be deemed to constituteapproval for Consultant or any of Consultant’s employees or agents, to be the agents or employees of City. Consultant shall have the responsibilityfor and control over the means of performing the Work, provided that Consultant is in compliance with the terms of thisAgreement. Anything in thisAgreement that may appear to give Citythe rightto direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only thatConsultant shallfollowthe desires of Citywith respect to the resultsof the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fullywith City’sdesignated ProjectAdministrator and any other agencies that may have jurisdictionor interestinthe Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relatingto policy and Project directionwith City’sProjectAdministratorinadvance of allcriticaldecision points inorder 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,activitiesperformed and planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limitingConsultant’s indemnificationof City,and priorto commencement of Work, Consultant shallobtain,provide and maintain at itsown expense during the term of thisAgreement or forother periods as specifiedinthisAgreement, policiesof insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as ExhibitC, and incorporated herein by reference.
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15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specificallyauthorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the priorwrittenapproval of City. Any of the followingshallbe construed as an assignment: The sale,assignment, transferor other dispositionof any of the issued and outstanding capitalstock of Consultant, or of the interestof any general partneror jointventurer or syndicate member or cotenant ifConsultant isa partnershipor joint-ventureor syndicate or co-tenancy, which shall resultin changing the control of Consultant. Control means fiftypercent (50%) or more of the votingpower or twenty-five percent (25%) or more of the assets of the corporation,partnershipor joint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City,ifany, to perform Work on thisProjectare identifiedin ExhibitA and the Letter Proposal. Consultant shallbe fullyresponsible to City for allacts and omissions of any subcontractor. Nothing in thisAgreement shall create any contractualrelationshipbetween City and any subcontractor nor shallitcreate any obligationon 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 beneficiaryof any Work performed by the subcontractor for purposes of establishinga duty ofcare between the subcontractorand City.Except as specificallyauthorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the priorwrittenapproval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report,draft,map, record,plan,document and other writing produced, includingbut not limitedto, websites, blogs, social media accounts and applications(hereinafter“Documents”), prepared or caused to be prepared by Consultant, itsofficers,employees, agents and subcontractors,in the course of implementing this Agreement, shallbecome the exclusivepropertyof City,and Cityshallhave the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally,allmaterial posted in cyberspace by Consultant, itsofficers, employees, agents and subcontractors, in the course of implementing thisAgreement, shallbecome the exclusivepropertyof City,and Cityshallhave the sole rightto use such materials in itsdiscretionwithout furthercompensation to Consultant or any other party.
Consultant shall,at Consultant’sexpense, provide such Documents, includingalllogins and password informationto City upon priorwrittenrequest.
17.2 Documents, includingdrawings and specifications,prepared by Consultant pursuant to thisAgreement are not intended or represented to be suitablefor reuse by City or others on any other project.Any use of completed Documents forother projects and any use of incomplete Documents without specificwritten authorization from Consultant willbe at City’ssole riskand without liabilityto Consultant. Further,any and allliabilityarisingout of changes made to Consultant’s deliverablesunder thisAgreement by Cityor persons other than Consultant iswaived against Consultant,and Cityassumes Verdantas Inc. Page 6
fullresponsibilityforsuch changes unless City has given Consultant priornotice and has received from Consultant writtenconsent forsuch changes.
17.3 Computer Aided Design and Drafting(“CADD”) data delivered to City shall include the professionalstamp of the engineer or architectin charge of or responsible for the Work. City agrees that Consultant shallnot be liablefor claims, liabilitiesor losses arising out of, or connected with (a) the modificationor 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 foradditionsto thisProject,forthe completion of thisProjectby others,or forany other Project,excepting only such use as isauthorized, inwriting,by Consultant.
By acceptance of CADD data. City agrees to indemnify Consultant for damages and liabilityresultingfrom the modificationor misuse of such CADD data. Alloriginaldrawings shallbe submitted to City inthe version of AutoCAD used by the City in .dwg fileformat, and should comply with the City’sdigitalsubmission requirements forimprovement plans availablefrom the City’sPublicWorks Department.
17.4 All improvement and/or construction plans shall be plotted on standard twenty-fourinch (24”)by thirty-sixinch (36”)paper size.Consultant shallprovide to City digital'As-Builfdrawings in both AutoCAD and Adobe PDF fileformat withinthirty(30) days afterfinalizationof the Project.
18. CONFIDENTIALITY
All Documents, including drafts,preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shallbe kept confidential unless Cityexpresslyauthorizesinwritingthe releaseof information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shalldefend and indemnify City,itsagents, officers,representatives and employees against any and allliability,includingcosts,for infringementor alleged infringementof any United States’letterspatent,trademark, or copyright,includingcosts, contained inConsultant’sDocuments provided under thisAgreement.
20. RECORDS
Consultant shallkeep 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,fora minimum period of three (3)years, or for any longer period required by law, from the date of finalpayment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shallallow a representativeof Cityto examine, audit and make transcriptsor copies of such records and invoicesduring regularbusiness hours. Consultant shall allow inspection of allWork, data. Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of finalpayment to Consultant under thisAgreement.
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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 constitutea failureto pay according to the terms of thisAgreement. Consultant shallnot discontinue Work as a resultof such withholding. Consultant shall have an immediate rightto 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 itsinvestments during the time period,from the date of withholdingof 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 resultin expense to City greater than what would have resulted ifthere 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 inthisSection isintended to limitCity’srightsunder the law or any other sections of thisAgreement.
CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS23.
City reserves the rightto employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or itsemployees may be subject to the provisions of the CaliforniaPoliticalReform Act of 1974 (the “Act”)and/or Government Code §§ 1090 ^ seq.. which (1) require such persons to disclose any financialinterestthat may foreseeably be materiallyaffectedby the Work performed under thisAgreement, and (2) prohibitsuch persons from making, or participatingin making, decisions that will foreseeably financiallyaffectsuch interest.
24.2 Ifsubjectto the Act and/or Government Code §§ 1090 et seq.. Consultant shallconform to allrequirements therein. Failureto do so constitutes a material breach and is grounds for immediate terminationof thisAgreement by City. Consultant shall indemnify and hold harmless City for any and allclaims for damages resultingfrom 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 thisAgreement shallbe given inwriting, and conclusively shall be deemed served when delivered personally, or on the third business day afterthe deposit thereof in the United States mail,postage prepaid,first- class mail,addressed as hereinafterprovided.
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25.2 Allnotices,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 itsfinalrequest for payment under thisAgreement, Consultant shall submit to City, in writing,allclaims for compensation under or arising out of this Agreement.
Consultant’s acceptance of the finalpayment shallconstitute a waiver of all claims for compensation under or arisingout of thisAgreement except those previously made in writingand identifiedby Consultant in writingas unsettled at the time of itsfinalrequest for payment. Consultant and City expressly agree that in additionto any claims filing requirements set forthin the Agreement, Consultant shall be required to fileany claim Consultant may have against City instrictconformance 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 statutethereto,the Partiesagree to follow the dispute resolutionprocess set forththerein. Any part of such “Claim” remaining in dispute aftercompletion of the dispute resolutionprocess provided for in Public Contract Code section 9204 or any successor statutethereto shallbe subject to the Government Claims Act requirements requiringConsultant to filea 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 shallbe required to filesuch claim with the City in strictconformance with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
In the event that eitherparty failsor refuses to perform any of the provisions of thisAgreement at the time and in the manner required,that party shall be deemed in default inthe performance of thisAgreement. Ifsuch default is not cured within a period of two (2) calendar days, or ifmore than two (2) calendar days are reasonably required to cure the default and the defaulting party failsto give adequate assurance of due
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performance within two (2) calendar days after receiptof written notice of default, specifyingthe nature of such defaultand the steps necessary to cure such default,and thereafterdiligentlytake steps to cure the default,the non-defaultingparty may terminate the Agreement forthwithby givingto the defaultingparty writtennoticethereof.
27.2 Notwithstanding the above provisions.City shallhave the right,at itssole and absolute discretionand without cause, of terminatingthisAgreement at any time by giving no less than seven (7) calendar days’ priorwritten notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorilyperformed and costs incurredup to the effective date of termination for which Consultant has not been previouslypaid. On the effectivedate of termination. Consultant shall deliver to City all reports. Documents and other information developed or accumulated inthe performance of thisAgreement, 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 prevailingrate of per diem wages includinglegal holidays and overtime Work for each craftor type of workman needed to execute the Work contemplated under the Contract shall be paid to allworkmen employed on the Work to be done according to the Contract by the Consultant and any subcontractor. In accordance with the CaliforniaLabor Code (Sections 1770 et seq.), the Director of IndustrialRelations has ascertained the general prevailingrateof per diem wages inthe localityin 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 availableby callingthe prevailingwage hotlinenumber (415) 703-4774 and requesting one from the Department of IndustrialRelations.The Consultant isrequired to obtain the wage determinations from the Department of IndustrialRelations and post at the job site the prevailingrateor per diem wages. Itshallbe the obligationof the Consultant or any subcontractor under him/her to comply with allState of Californialabor laws, rules and regulations,and the partiesagree thatthe City shallnot be liableforany violationthereof.
28.2 Ifboth the Davis-Bacon Act and State of Californiaprevailingwage laws apply and the federaland state prevailingrate of per diem wages differ.Consultant and subcontractor,ifany, shallpay the higher of the two rates.Said prevailingrateof per diem wages are on fileat the City,Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California92660, and are availableto any interestedparty on request.
29. STANDARD PROVISIONS
29.1 Recitals.Cityand Consultant acknowledge thatthe above Recitals are true and correctand are hereby incorporated by reference intothisAgreement.
29.2 Compliance with allLaws. Consultant shall,at itsown cost and expense, comply with allstatutes,ordinances, regulations and requirements of allgovernmental entities,includingfederal,state,county or municipal,whether now in force or hereinafter enacted. In addition,allWork prepared by Consultant shallconform to applicableCity, Verdantas Inc. Page 10
county, stateand federallaws, rules,regulationsand permit requirements and be subject to approval of the ProjectAdministratorand City.
29.3 Waiver. A waiver by eitherparty 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 fulland complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminarynegotiationsand agreements ofwhatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shallbe held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflictsor inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto,the terms of thisAgreement shallgovern.
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 eitherparty by reason of the authorship of the Agreement or any other rule of constructionwhich might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a writtendocument executed by both Consultant and City and approved as to form by the City Attorney.
29.8 Severability.Ifany term or portionof thisAgreement is held to be invalid, illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining provisionsof thisAgreement shallcontinue infullforce and effect.
29.9 Controlling Law and Venue. The laws of the State of Californiashallgovern this Agreement and allmatters relatingto itand any action brought relatingto this Agreement shall be adjudicated in a court of competent jurisdictionin the County of Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that itis an equal opportunity employer and itshallnot discriminateagainst any subcontractor, employee or applicant for employment because race, religiouscreed, 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. Inthe event of any dispute or legalaction arisingunder thisAgreement, the prevailingparty shallnot be entitledto attorneys’fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts,each of which shallbe deemed an originaland allof which together shall constituteone (1)and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the partieshave caused thisAgreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Date:
CITY OF NEWPORT BEACH,
a Californiamunicipal corporation
Date:
—'fv/
C. Harp J
By: By:
Lauren Kleiman
MayorCity Attorney
ATTEST:
Date:
CONSULTANT: Verdantas Inc.,
a Californiacorporation
Date:
By: By:
Lena Shumway
City Clerk
Kristen D Williams
Secretary
Date:
By:
Sean Colorado
Vice President
[END OF SIGNATURES]
Attachments: ExhibitA - Scope of Services
ExhibitB - Schedule of BillingRates
ExhibitC - Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Verdantas Inc. Page A-1
SCOPE OF SERVICES
ON-CALL GEOTECHNICAL AND MATERIAL TESTING SCOPE OF SERVICES The followingisa listof on-callgeotechnicaland materialstestingservicesthat shallbe required; Conduct geotechnicalobservations,fieldand lab testingfor various types of projects including,but not limitedto,above and below ground structures,earthwork and grading, slope stabilityanalysis,gravityand pressurepipelines,and roadway construction.
Observe and testtrench backfill,streetsubgrade,base material,asphaltconcrete (AC), PortlandCement Concrete (PCC) and any other material.
Perform compaction testingofvariousmaterials,laboratorytestingrelatedto allaspects of geotechnicalengineering.
Perform wet trackabrasiontestingforslurryseals.
Prepare geotechnical engineering reports with recommendations such as pavement design and compaction reports, subgrade treatment, and various geotechnical engineering studies.
Attend fieldmeetings and othergeotechnicalsupportservicesas requested.
Perform fieldinvestigationsuch as pavement coringand boring.
Collaborateand work with Citystaffon variousprojectsas assigned. ^ CityofNewportBeach
On-Call Geotechnical Observation and Material Testing Services Scope of Services
With regard to services provided and Verdantas' expertise,the followingisa summary of the services to be provided by Consultant. Any ofthese services shallbe utilizedduring the course of the Agreement to fulfilthe needs of the project.
Geotechnical Engineering and Material Sampling/Testing
GEOTECHNICAL INVESTIGATION
Geotechnical investigationsshallbe performed ingeneral accordance with Orange County and governing jurisdictionalrequirements. Consultant shall be mobilized and managed out of theirIrvineOffice and shallutilize resources ifneeded from other nearby offices.Consultant shallprepare detailed proposals tailoredto meet the goal of each individualproject.The proposals willpresent a clear summary of recommended work scope, anticipated schedule, and a breakdown of associated fees. Each proposal willbe craftedwith a focus on providing expedient and cost-effectiveengineering solutions.
Research and Studies: InitialResearch and Studies forthe projectshallconsist of performing a review of existing availabledocuments, geologic maps, and plans relevantto the projectthat willprovide a useful understanding of existingsiteconditions and sitehistory.
Field Exploration: Inpreparing the scope of a fieldinvestigation.Consultant’s technical staffshallvisitthe Project siteto ascertain equipment access, utilityconflicts,and suitablemethods of exploration.Consultant shallprepare a geotechnical scope of work specificto the Project,the siteconditions,and the requirements ofthe Cityand any other municipalitiesthat may be concerned. Field exploration shallbe conducted under the directsupervision of licensed Geotechnical Engineers and/or CertifiedEngineering Geologists provided by Consultant.
Consultant’sfieldexplorationshallutilizean array of availableexplorationand fieldtestingtechniques, 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,infiltrationtesting,installationof fieldmonitoring instrumentation,and others.
laboratory Testing: Selected soilsamples obtained from Consultant’s subsurface exploration shallbe tested at Consultant’sin-house Irvine(LEA approved) geotechnical laboratory ingeneral accordance with applicable ASTM standards. Sample procurement and handling isperformed per ASTM. Consultant has the capabilitiesto perform a fullspectrum of geotechnical soiltestingin-house.
Report and Findings: Consultant shallprepare a geotechnical design reportingeneral accordance with the current CaliforniaBuildingCode and CGS Note 48 guidelinesand requirements. The reportshallcontain graphics and discussions presenting findings,conclusions, and recommendation s forthe project.The reportshallbe signed by both a CaliforniaCertifiedEngineering Geologist (CEG) and a Geotechnical Engineer (GE) provided by Consultant.
Consultant’s geotechnical investigationreportshallinclude a summary of findings includingsitesubsurface conditions,geologic hazards and siteseismic parameters. Geotechnical recommendations shall include earthwork recommendations for structure pad and site preparation, foundation design parameters, lateralearth pressures, slab on grade recommendations, pavement designs, temporary excavation, and other project-specificgeotechnical recommendations. Consultant’s report shall also include construction considerations such as rippability,discussion of ground improvement alternatives,temporary excavations, corrosivityand sulfate/chlorideattack potentialof site soils,and others.
A/E Team Coordination and Review: Consultant shallprovide geotechnical support forCity’sdesign team during preparation of the projectdrawings and specifications.Consultant shallreview the projectdrawings and specificationsforcompliance with Consultant’s geotechnical recommendations.
Verdantas.com
^ CityofNewportBeach
On-Call Geotechnical Observation and MaterialTesting Services
GEOTECHNICAL OBSERVATION AND TESTING SERVICES
Consultant shalldocument thatthe work performed isin compliance with the applicable plans and specifications, and inaccordance with applicable sections of the current California Building Code. Consultant’s geologist and/or soilstechnician shallinspect excavations to verifythat the conditions anticipated based on the approved project geotechnical report have been encountered, and provide corrective recommendations as deemed appropriate.
Consultant’s sitequalifiedengineering technicians shall perform fieldobservations and testingof earthwork operations. Fieldtestingand observation activitiesshallbe performed on an "on-call"basis upon request by the City at the appropriate times during construction.Consultant’s fieldrepresentative shallbe present continuously during the earthwork associated with remedial grading and/or preparation of buildingpads so they may properly document the depth overexcavation and geotechnical characteristicsof the compaction of the fill.
Consultant’s scope of services shallalso consist of the followingfield,laboratoryand officework, generally presented in chronological order:
Pre-Construction Plan Review: Perform a technical review ofthe grading plans and foundation plans forthe Projectby Consultant’s provided Geotechnical Engineer (GE) and CertifiedEngineering Geologist (CEG). Prepare a letter documenting a review of each plan set,includingsignature and stamp, as needed.
Pre-Construction Meeting: Consultant’sprojectmanager and/or fieldoperations manager shallattend pre construction meetings with representatives of the contractors/sub-contractorsand constructionmanagement team to establishany siteaccess restrictions,points of contact,protocolforscheduling services,and distributionlistfor Daily FieldReports (DFRs) and testresults.
Geotechnical Field Observation and Testing: Consultant’s soiltechnicians shallprovide periodicand continuous geotechnical observations and testingduring sitepreparation, overexcavation, and fillplacement during earthwork construction,and general sitegrading. The frequency of observation and testingrequired shallbe established by the governing agency and the projectinspector at the pre-construction meeting. In-situdensity testingshallbe performed using a nuclear moisture/density gauge (ASTM D 6938).
Geotechnical laboratory Testing: Geotechnical (soil)laboratory testingof selected onsite or import soilsamples shall be performed to evaluate theirgeotechnical characteristics.
Project Management: Consultant shall review DFRs and laboratory test results,and prepare reportsfor distribution.
Geotechnical concerns encountered in the field and noted inthe dailyreports,and any materialtested and found to not conform to projectspecifications,shallbe brought to City’sattention.Consultant’sCertifiedEngineering Geologist shallprovide supervision,qualityreview, and project management. Hard copies of the DFRs shallbe made available to Cityupon request.
Verdantas.com
^ CityofNewportBeach
On-Call Geotechnical Observation and MaterialTesting Services
MATERIALS TESTING AND SPECIAL INSPECTION SERVICES
Consultant shallprepare neat, clear,and detailedinspection reports,maintain both daily inspection reports, and maintain a dailydiary of inspectionactivities.Reports shallincludes recognition of whether the work in progress conforms to the approved plans, specifications,and generate job memorandums for review and approval by the City.Consultant’s laboratoryshallprovide a qualityassurance plan for reliabletests resultsthat are communicated in a timely manner and proper documentation for projectclose-out.Typical materials testingand special inspection tasks include,but are not limitedto,the following:
Concrete Testing and Inspection: Provide experienced inspectors during concrete batch plant operations. Batch plant inspection shallconsist of monitoring the batch weights and periodic inspection of the aggregate stockpiles and cement bins. Written reports of allinspections shallbe provided on a daily basis and at the completion of the Project.Consultant shallalso perform materialtestingof Portland concrete cement (PCC) cylinders.
Compression testingof concrete specimens sampled by Consultant shallbe performed in accordance to ASTM C39.
Written reports of alltests presenting applicable information shallbe prepared at the completion of testing and distributedas required by the City.
Asphaltic Concrete: Consultant shallprovide inspectors during asphaltic concrete plant operations. Written reports of the inspections shallbe provided on a daily basis and at the completion of the Project.
Expansion and Adhesive Anchors, Dowels: Consultant shallprovide 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 forthe specificanchor to be used. Consultant shallprovide proof testing in tension for the installedanchors per the testingfrequencies stated in the approved contract documents.
Structural Masonry Inspection: Consultant shallprovide inspectors that have been certifiedas a special inspector for structuralmasonry. Their work shallconsist of inspection of placement of allreinforcingsteel and masonry units during the construction of the structures for compliance of the approved plans and job specificationsInclusiveof material testingof mortar and grout.Compression testingof composite masonry prisms, mortar cylindersand grout prism testspecimens molded by Consultant shallbe performed in accordance to ASTM E447, C780 and CI019.
Consultant shall also provide written reports of alltests 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 buildingcodes. This inspectionshallbe on a continuous basis during allshop structuralwelding. Consultant’s inspector may use gamma ray,sonic or any other aid forvisualinspection that may deem necessary to assure the adequacy of the welding.
During welding inspection, inspector shallexamine the installationof high-strength bolts for conformance to the job specifications,inspector shallcheck the materials,equipment, and detailsof construction and installation procedure. Daily reports of the inspections and weekly summary reports shallbe provided to the City.
Fireproofing: Consultant’s inspectors shallbe certifiedas special inspectors forthe installationof spray-applied fireproofing.During installationof spray-applied fireproofing,inspectors willcheck the thickness, perform adhesion testinginthe field,and sample applied material fortesting in the laboratory.
Roofing Inspection: Ifneeded, a subconsultant shallprovide roofinginspectionservices and review of roofing specifications,address any issues, and agree on correctiveactions priorto the startof installation.Consultant’s inspector shallperform full-timeinspections, assuring adherence to roof specifications,and provide close-out documents.
Laboratory Testing: Alltests shallbe performed inaccordance with the respective ASTM test method and California test method as appropriate, in accordance with allrequirements.
Verdantas.com
EXHIBIT B
SCHEDULE OF BILLING RATES
Verdantas Inc. Page B-1
verdantas City of Newport Beach On-Call Services
2025 BILLING RATE SCHEDULE (Verdantas West)
Hourly Rate
$285.00
$325.00
$380.00
$245.00
$260.00
Hourly Rate
$100.00
Professional Services
Senior Consultant I,Associate
Senior Consultant II,Principal
Senior Consultant III,Sr.Principal
ProjectManager
Senior ProjectManager
Support Cont’d
Administrative/ZT echnical
Editor/ProjectCoordinatorI
Administrative//! echnical
Editor/ProjectCoordinator II
Operations /LaboratoryManager
Field/LabSupervisor
$130.00
$230.00
$180.00
$200.00
$205.00
$225.00
$245.00
Staff I Engineer/Scientist/Geologist
Staff IIEngineer/Scientist/Geologist
ProjectEngineer/Scientist/Geologist
Senior Engineer/Scientist/Geologist
CAD/GIS/Data Management
CAD Designer I
CAD Designer II
ProjectDesigner
Senior ProjectDesigner
CAD Technician I
CAD Technician II
CAD Technician III
Hourly Rate
$150.00
$165.00
$170.00
$190.00
$130.00
$145.00
$155.00
Hourly Rate
$110.00
$120.00
$130.00
$140.00
$165.00
$190.00
$195.00
$195.00
$200.00
$205.00
$205.00
Support
Field/Lab Technician I
Field/LabTechnician ll/SpecialInspector
Field/LabTechnician Ill/SpecialInspectorII
SeniorTechnician/Senior Special Inspector
Source Inspector
System Operation & Maintenance Specialist
Non-DestructiveTesting (NDT) Specialist
PrevailingWage (Group 1) *
PrevailingWage (Group 2) *
PrevailingWage (Group 3) *
Cityof Los Angeles Deputy Building/
Grading Inspector
GIS Analyst I
GIS Analyst II
Senior GIS Analyst
GIS Technician I
GIS Technician II
$155.00
$165.00
$220.00
$130.00
$150.00
Data Manager
Senior Data Manager
$170.00
$195.00
NOTES:
Standard BillingRates: Our standard billingrateswillremain un-modified throughout the durationofthe contract term. ‘PrevailingWages: Our fees forprevailingwage work are based upon Californiaprevailingwage laws and wage determinations. Unless specificallyindicatedin our proposal, costs for apprentice are not included. Ifwe are required to have an apprentice on your project, additionalfees willbe charged. Prevailingwage rateswillincreaseby $8 on July1stof each year.
Higher Hourly Rates: Certain services,such as emergency/rapid response consulting,may be subjectto higher hourly billingrates as agreed upon on a project-specificbasis.
Overtime: Standard overtime rateisper CaliforniaLabor Law and isbilledat 1.5 or 2 times theirhourlybillingrate.Overtime ratefornon- exempt fieldpersonnel working on a Verdantas observed holiday isbilledat 2 times theirhourly billingrate.Overtime rateforPrevailing wage work isper the CaliforniaDepartment of IndustrialRelations(DIR) determinationand ismultipliedat 1.5 to 2 times theirhourly billing rateforovertime and double-time,respectively.
Field Equipment and Supplies: Fieldequipment and in-house supplies willbe billedat fixedunitprices,subjectto periodic updates.
Subcontractors and Project Expenses: Heavy equipment, subcontractor fees and expenses, project-specificpermits and/or licenses, project-specificsupplemental insurance, travel, subsistence, project-specificparking charges, shipping, reproduction,and other reimbursable expenses willbe invoicedat cost plus 15%, unlessbilleddirectlytoand paidby clientor inaccordance withthe specificproject agreement.
Mileage: Standard billingratesincludeallincurredmileage.
Minimum Field Hourly Charges: For FieldTechnicians, Special Inspectors,or any on-site(field)materialstestingservices:
- 2 hours:2-hour minimum charge willbe appliedto any fieldvisitfortechniciansor toany servicecanceled on the same day of service. - 4 hours: 4-hour minimum charge up to the firstfourhours of work. - 8 hours: 8-hour minimum charge forover four hours of work, up to eighthours. - Projecttime accrued includes portalto portaltraveltime fortechniciansand specialinspectors.
Client Disclosures: Clientagrees to provide allinformationin Client’spossession about actualor possiblepresence of buried utilitiesand hazardous materialson the projectsite,priorto fieldwork,and agrees to reimburse Verdantas forallcosts relatedto unanticipated discovery of utilitiesand/or hazardous materials.Clientisalso responsibleforprovidingsafe and legalaccess to the projectsiteforall Verdantas fieldpersonnel.
10. Allexpert fees,overtime fees,materialsand equipment fees, and overallprojectfees shallbe approved inwritingby the City priorto being incurred.
1. 2.
3. 4.
5. 6.
7. 8.
9. West 11/05/2025 - Full
verdantas City of Newport Beach On-Call Services
GEOTECHNICAL LABORATORY TESTING
METHOD
Classification & Index Properties
Photograph of sample
Moisture content (ASTM D2216)
Moisture & density(ASTM D2937) ringsamples
Moisture & density(ASTM D2937) Shelby tube or cutting
Atterberg limits3 points(ASTM D4318)
- Single point,non-plastic
- Atterberglimits(organicASTM D2487 / D4318)
- Visualclassificationas non-plastic(ASTM
D2488) Particlesize:
- Sieve only VA inch to #200 (AASHTO T27/ASTM
C136/ASTM D6913/CTM 202)
- Large sieve 6 inch to #200 (AASHTO T27/ASTM
C136/ASTM D6913/CTM 202)
- Hydrometer only (ASTM D7928)
- Sieve + hydrometer <3 inchsieve,(ASTM D7928)
- Percent passing #200 sieve,wash only (ASTM D1140)
Specificgravityand absorptionoffineaggregate
(AASHTO T84/ASTM C128/ASTM D854/CTM 207)
Specificgravityand absorptionof coarse aggregate
(AASHTO T85/ASTM C127/CTM 206)
Totalporosity-on Shelby tube sample (calculated)
Totalporosity-on othersample (calculated)
Shrinkage limitswax method (ASTM D4943)
Pinhole dispersion(ASTM D4647)
Total porosity- on other sample (calculated)
Dispersivecharacteristics(doublehydrometer ASTM
D4221)
As-received moisture& density(chunk/carved sample)
Sand Equivalent(AASHTO T176/ASTM D2419/CTM 217)
Sieve + hydrometer <3-inchsieve,(ASTM D7928)
Shear Strength
Pocket penetrometer
Directshear (ASTM D3080, mod., 3 points):
Consolidated undrained - 0.05 inch/min(CU)
Consolidateddrained- <0.05 inch/min(CD)
Residual shear EM 1110-2-1906-IXA (priceper each
additionalpass aftershear)
Remolding or hand trimming ofspecimens (3 points)
Orientedor blockhand trimming(perhour)
Single pointshear
Torsionalshear (ASTM D6467/ASTM D7608)
Compaction & Pavement Subarade Tests
Standard Proctorcompaction,4 points(ASTM D698)
4-inchdiameter mold (Methods A & B)
6-inchdiameter mold (Method C)
ModifiedProctorcompaction 4 points(ASTM D1557):
4-inch diameter mold Methods A & B
6-inch diameter mold Method C
Check point(per point)
Relativecompaction of untreated/treated
soils/aggregates(CTM 216)
Relativedensity0.1 ftmold (ASTM D4253, D4254)
CaliforniaBearing Ratio(ASTM D1883) - 3 point
CaliforniaBearing Ratio(ASTM D1883) -1 point
R-Value untreatedsoils/aggregates(AASHTO T190/
ASTM D2844/CTM 301)
R-Value limeor cement treatedsoils/aggregates
(AASHTO T190/ ASTM D2844/CTM 301)
Soil Chemistry & Corrosivity
pH Method A (ASTM D4972 or CTM 643)
Electricalresistivity- singlepoint- as receivedmoisture Minimum resistivity3 moisturecontentpoints(ASTM
G187/CTM643)
pH + minimum resistivity(CTM 643)
Sulfatecontent-gravimetric(CTM 417 B Part2)
$/TEST METHOD
Soil Chemistry & Corrosivity conf d
Sulfatecontent - by ion chromatograph (CTM 417 Part 2)
Sulfatescreen (Hach®)
Chloridecontent(AASHTO T291/CTM 422)
pH + minimum resistivity(CTM 643)
Chloridecontent- by ionchromatograph (/\ASHTO
T291/CTM 422)
Corrosion suite:minimum resistivity,sulfate,chloride,
pH (CTM 643)
Organic matter content(ASTM D2974)
Consolidation & Exoanslon/Swell Tests
Consolidation(ASTM D2435):
Each additional time curve.
Each additionalload/unloadw/o time reading
Expansion Index (ASTM D4829)
Relative compaction of untreated/treatedsoils/
aggregates (CTM 216)
Relativedensity0.1 ftmold (ASTM D4253, D4254)
CaliforniaBearing Ratio(ASTM D1883) -3 point
CaliforniaBearing Ratio(ASTM D1883) -1 point
R-Value untreatedsoils/aggregates(AASHTO T190/
ASTM D2844/CTM 301)
R-Value limeor cement treatedsoils/aggregates
(AASHTO T190/ ASTM D2844/CTM 301)
Swell collapseMethod A up to 10 load/unloadsw/o
time curves (ASTM D4546-A)
Singleloadswell/collapse- Method B (ASTM
D4546-B, seat,load & inundate only)
Trlaxial Tests
Unconfined compression strengthof cohesive soil
(withstress/strainplot,ASTM D2166)
Unconsolidated undrained triaxialcompression test
on cohesive soils(UU.ASTM D2850, USACE Qtest,
per confiningstress)
Consolidated undrained triaxialcompression test
forcohesive soils,(CU, ASTM D4767, USACE R-bartest)
with back pressure saturation& pore water pressure
measurement (perconfiningstress)
Consolidateddrainedtriaxialcompression test(CD,
USACE S),withvolume change measurement. Price
per soiltype below EM 1110-21906(X):
Sand or siltysand soils(perconfiningstress)
Siltor clayeysand soils(perconfiningstress)
Clay soils(perconfiningstress)
Three-stage triaxial(sand or siltysand soils)
Three-stagetriaxial(siltor clayeysand soils)
Three-stagetriaxial(claysoils)
Remolding oftestspecimens
Hydraulic Conductivity Tests
Triaxialpermeabilityinflexible-wallpermeameter with
backpressure saturationatone effectivestress(EPA
9100/ASTM D5084, fallinghead Method C):
Each additional effective stress
Hand trimming of soilsamples forhorizontalK
Remolding of testspecimens
Permeabilityofgranularsoils(ASTM D2434)
Soii-Cement
Moisture-densitycurve forsoil-cementmixtures(ASTM
D558)
Wet-dry durabilityofsoil-cementmixtures(ASTM D559) ’
Compressive strengthof molded soil-cementcylinder
(ASTM D1633)’
Soil-cementremolded specimen (forshear strength,
consolidation,etc.)’
'Compaction (ASTM D558 maximum density)shouid
aiso be performed - not includedinabove price
$/TEST
15 85
25 35
37 75
45 140
160 85
90 195 285
15 70
155
210
195 50
45 120 140
200 270
75 140 250
535
110 200
335
180
165 365
135
225 310
165
215 115
65 115 145
200
185
20 320 400
385
55 95
70 115
880 400
535
755
170 700
230 935
1,320
235 70
265
70 335
270
250 130
535 65
200 70
335 145
365 260
1,290
50 65
50 95 250
140
75 West 11/05/2025-Full
verdantas City of Newport Beach On-Call Services
CONSTRUCTION MATERIALS LABORATORY TESTING
$/TEST METHOD
Aggregate Properties cont’d
Flat& elongated particlesincoarse aggregate (ASTM
D4791/CTM 235)
Cleanness value of coarse aggregate (CTM 227)
Soundness, magnesium (AASHTO T104/ASTM
C88/CTM214)
Soundness, sodium (AASHTO T104/ASTM C88/
CTM 214)
Masonry
Mortar cylinders2” x 4” (ASTM C780)
Grout prisms 3” x 6” (ASTM Cl 019).
Masonry cores compression, <6” diameter - testing
only (ASTM C42)
Masonry core shear testing(Title24)
Veneer bond strength,cost foreach - 5 required
(ASTM C482)
CMU compression to size8” x 8” x 16” - 3 required
(ASTM Cl 40)
CMU moisture content,absorption& unitweight - 6
required(ASTM Cl 40)
CMU lineardryingshrinkage(ASTM C426)
CMU grouted prisms compression test<8” x 8" x 16”
(ASTM Cl 314)
CMU grouted prisms compression test> 8" x 8” x 16”
(ASTM Cl 314)
Fasteners/Bolts/Rods
FI 554 Bolts,tensiletest,s up to 1-1/4”diameter,
plain(ASTM A370)
FI 554 Bolts,tensiletest,s up to 1-1/4"diameter,
galvanized (ASTM A370)
F3125 GR A307, A325 Bolts,tensiletest,< up to 1-
1/4"diameter,plain(ASTM A370)
F3125 GR A307. A325 Bolts,tensiletest,s up to 1-
1/4”diameter,galvanized(ASTM A370)
A490 Bolts,tensiletest,s up to 1-1/4”diameter,
plain(ASTM A370)
A490 Bolts,tensiletest,s up to 1-1/4”diameter,
galvanized (ASTM A370)
A593 Bolts,tensiletest,< up to 1-1/4”diameter,
stainlesssteel(ASTM A370)
Reinforcing Steel and Prestressina Strands
Rebar bend test,up to No. 11 (ASTM A370)
Rebar bend test,z No. 14 & over (ASTM A370)
Resistance butt-welded hoops/bars, tensiletest,^ up
to No. 10 (CTM 670)
Resistance butt-welded hoops/bars, tensiletest,> No.
11 & over (CTM 670)
Mechanical rebar splice,tensiletest,< up to No. 11
(CTM 670)
Mechanical rebar splice,sliptest,s up to No. 11
(CTM 670)
Mechanical rebar splice,tensiletest,> No. 14 &
over (CTM 670)
Mechanical rebar splice,sliptest,2 No. 14 & over
(CTM 670)
Headed rebar splice,tensiletest,sup to No. 11
(CTM 670)
Headed rebar splice,tensiletest,> No. 14 & over
(CTM 670)
Epoxy coated rebar/dowel continuity(Holiday)
(ASTM A775/A934)
Epoxy coated rebarflexibility/bendtest,up to No.
11 (ASTM A775/A934)
Prestressingwire,tension (ASTM A416)
Sample preparation(cutting)
Epoxy coated rebar/dowelfilmthickness(coating)
test(ASTM A775/ A934)
S/TESTMETHOD
Concrete Strength Characteristics
Concrete cylinderscompression (ASTM C39) (6”x 12”
and 4” X 8”)
Compression, concrete or masonry cores (testingonly)
S6 inch (ASTM C42)
Trimming concrete cores (per core)
Flexuralstrengthof concrete (simplebeam-3rd pt,loading, ASTM C78/CTM 523)
Flexuralstrengthof concrete (simple beam- center pt.
loading,ASTM C293/CTM 523)
Non shrinkgroutcubes (2 inch,ASTM Cl 09/Cl 107)
Drying shrinkage -four readings,up to 90 days, 3 bars
(ASTM Cl 57)
Length of concrete cores (CTM 531)
Hot Mix Asphalt (HMAl
Resistance of compacted HMA to moisture-induced
damage (AASHTO T283/CTM 371)
Hamburg Wheel, 4 briquettes(modified)(AASHTO T324)
Superpave gyratorycompaction (AASHTO T3121 ASTM
D6925)
Extractionby ignitionoven, percent asphalt(AASHTO
T308/ASTM D6307/CTM 382)
Ignitionoven correction/correlationvalues
(AASHTO T308/ASTM D6307/CTM 382)
Extractionby centrifuge,percentasphalt(ASTM D2172)
Gradation of extractedaggregate (AASHTO T30/ ASTM
D5444/CTM 202)
Stabilometer,S-Value (ASTM D1560/CTM 366)
Bituminous mixturepreparation(AASHTO R30/ CTM 304)
Moisture contentof HMA (AASHTO T329/ASTM D6037
/CTM 370)
Bulk specificgravityof compacted HMA, molded
specimen or cores, uncoated (AASHTO T166/ ASTM
D2726/CTM 308)
Bulk specificgravityof compacted HMA, molded
specimen or cores, paraffin-coated(AASHTO T275/
ASTM D1188/CTM 308)
Maximum density- Hveem (CTM 308)
Theoreticalmaximum densityand specificgravityof
HMA (AASHTO T209/ASTM D2041/CTM 309)
Thickness or heightof compacted bituminous paving
Mixture specimens (ASTM D3549)
Wet trackabrasion of slurryseal (ASTM D3910)
Rubberized asphalt (add to above rates)
Brick
23040
45 225
240
25 90 695
90 35
30 35
430 45
45 85
60 2,250
60 965
375 55
160 190
215
1,445
270
160
145
110
285
85 130
65 70
55 80
60 70
80 215
140 70
45 70
160 215
+25% 70
Compression - costforeach, 5 required(ASTM C67)
Absorption -costforeach, 5 required(ASTM C67)
Aggregate Properties
Bulk densityand voids inaggregates (AASHTO T19/
ASTM C29/ CTM 212)
Organic impuritiesinfineaggregate sand (AASHTO T21/
ASTM C40/CTM 213)
LA Rattier-smallercoarse aggregate <1.5” (AASHTO
/ASTM Cl31/CTM 211)
LA Rattier-largercoarse aggregate 1-3”(AASHTO T96/
ASTM C535/CTM 211)
Apparent specificgravityof fineaggregate (AASHTO T84/
ASTM C128/CTM 208)
Specificgravityand absorptionof coarse aggregate (ASTM
C127/CTM 206) >#4 retained
Clay lumps, friableparticles(AASHTO T112/ASTM Cl42)
DurabilityIndex (AASHTO T210/ASTM D3744/ CTM 229)
Moisture content of aggregates by oven drying (AASHTO
T255/ASTM C566/CTM 226)
Uncompacted void contentoffineaggregate (AASHTO
T304/ ASTM Cl 252/ CTM 234)
Percent of crushed particles(AASHTO T335/ ASTM
D5821/CTM 205)
55 90
55 70
55 45
65 215
215
215
270
70 140
215
110
70 190
215 50
45 190
140 55
50 145
West 11/05/2025 - Full
verdantas City of Newport Beach On-Call Services
CONSTRUCTION MATERIALS LABORATORY TESTING
SfTEST $/TESTMETHOD
Streetliqhts/Sianals
LED Luminaires / Signal Modules / Countdown
PedestrianSignalFace Modules (CaltransRSS 86)
Spray Applied Fireproofing
Unitweight (density,ASTM E605)
Sample Transport
Pick-up and delivery(weekdays, per trip,<50 mile
radiusfrom our office)
METHOD
Bearing Pads/Plates and Joint Seal
Elastomericbearing pads (CaltransSS 51-3)
Elastomeric bearing pad with hardness and
compression tests(CaltransSS 51 -3)
Type A JointSeals (CaltransSS 51-2)
Type B JointSeals (CaltransSS 51-2)
Bearing plates(A536)
By 1,060
1,315Quote
65 1,735
1,640
110 770
Notes
1. Earth Material Samples: Quoted testingunitrates are for soiland/or rock (earth)samples free of hazardous materials. Additional costs will accrue beyond these standard testingunitratesforhandling,testingand/ordisposingofsoiland/orrock containinghazardous materials. Hazardous materials willbe returned to the siteor the siteowner's designated representativeat additionalcost not included in listedunit rates. Standard turn-around time forgeotechnical-laboratorytestresultsIs 10 working days. Samples willbe stored for2 months followingcompletion of assigned tests,afterwhich they willbe discarded. Priordocumented notificationisrequiredifsamples need to be storedfora longertime.A monthly storagefee of$15 per bag and $6 per sleeve or tube willbe applied.Quoted unitrates are only for earth materialssampled in California.There may be additionalcost for handling imported samples.
2. Construction Material Samples: Afteralldesignated breaks for a given sample set meet specifiedcompressive at design age or other client- designated strength,all“hold”cylindersor specimens willbe automaticallydisposed of,unless specifiedin writingpriorto the 28-day break. Unless specificallyrequested otherwise,allother constructionmaterialswillbe disposed of aftercompletion oftestingand reporting.
3. Additionalprojectfees and storage fees forsamples shallbe approved Inwritingby the Citypriorto being incurred.
EQUIPMENT LISTING
CLASSIFICATION
1/4 inch Grab plates
1/4 inchTubing (bonded)
1/4 inchTubing (single)
3/8 inchTubing, clearvinyl
4-Gas meter (RKI Eagle or similar)/GEM 2000
Airflow meter and purge pump (200 cc/min)
Box of 24 soildrive-sample rings
Brass sample tubes
Caution tape (1000-footroll)
Combination lockor padlock
Compressed airtank and regulator
Concrete coringmachine (<6-inch-dia)
Consumables (gloves,rope,soap, tape,etc.)
Core sample boxes
Crack monitor Two-Dimensional
Crack monitor Thee-Dimensional
Cutoffsaws, reciprocating,electric(Sawzall®)
D-Meter Walking Floor Profiler
Disposable bailers
Disposable bladders
Dissolved oxygen meter
DOT 55-galloncontainment drum with lid
Double-ring infiltrometer
Dual-stage interfaceprobe
Dynamic Cone Penetrometer
Generator,portablegasolinefueled,3,500 watts
Stainless steel bailer
Submersible pump withcontroller
Submersible pump/transferpump, 10-25 gpm
Support servicetruckusage (wellInstallation)
Survey/fence stakes
Tedlar® bags
Trafficcones (s25)/barricades(singlelane)
Turbiditymeter
Tyvek® suit(each)
$/UNIT
5/ each
0.60/foot
0.40/foot
0.60/foot
140/day
55/day
130/box
11/each
22/each
15/each
55/day
160/day
40/day
30/each
30/each
40/each
80/day
110/day
25/each
20/each
75/day
85/drum
135/day
85/day
430/day
90/day
60/day
180/day
65/day
250/day
10/each
25/each
55/day
80/day
25/each
CLASSIFICATION $/UNIT
80/day
90/day
40/roll
135/day
150/day
15/day
25/day
0.70/mile
65/test
Global PositioningSystem/Laser Range Finder
Hand auger set
HDPE safetyfence (<100 feet)
Horiba U-51 water qualitymeter
Lighttower (towable verticalmast)
Magnehellc gauge
Manometer
Mileage (willadjustwithIRS publishedrate)
Moisture testkit(excludes laborto perform test,ASTM
El 907)
Nuclear moisture and densitygauge
Electricalmoisture and densitygauge
Pachometer
Particulate Monitor
pH/Conductivity/Temperaturemeter
Photo-IonizationDetector (PID)
Pump, Typhoon 2 or 4 stage
QED bladder pump w/QED controlbox
Quire fee - Phase Ionly
Resistivityfieldmeter and pins
Slip/threaded cap, 2-inch or 4-inch diameter,
PVC Schedule 40
Slope inclinometer
Soilsampling T-handle (Encore)
Soilsampling tripod
Speedy (R) moisture tester
Vapor sampling box
Vehicle usage (carryingequipment)
VelociCalc
Visqueen (20 x 100 feet)
Water levelindicator(electronicwell sounder)
<300 feet deep well
ZIPLEVEL®.
Other specializedgeotechnicaland environmentaltesting
and monitoring equipment are available,and pricedper site.
Additionalprojectfeesshallbe approved inwritingby the Citypriorto being incurred
88/day
88/Day
50/day
135/day
60/day
150/day
55/day
175/day
250/each
200/day
20/each
250/day
10/day
40/day
10/day
65/day
20/hour
40/day
130/roll
100/day
40/day
West 11/05/2025 - Full
EXHIBIT C
INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES
Provision of Insurance. Without limitingConsultant’s indemnificationof City, and priorto commencement of Work, Consultant shall obtain, provide and maintain at itsown expense during the term of this Agreement, policiesof 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 forthhere. IfConsultant uses existingcoverage to comply and that coverage does not meet these requirements. Consultant agrees to amend, supplement or endorse the existingcoverage.
1. 2. Acceptable Insurers. All insurance policiesshall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance inthe State of California,with an assigned policyholders’ Rating of A- (or higher) and FinancialSize Category Class VII (or larger)in accordance withthe latesteditionof Best’sKey Rating Guide, unless otherwise approved by the City’sRisk Manager.
Coveraqe Requirements.3.
A. Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance, statutory limits,and Employer’s Liability Insurance with limitsof at leastone milliondollars($1,000,000) each accidentforbodilyinjuryby accident and each employee forbodilyinjury by disease inaccordance with the laws of the State of California.
Consultant shallsubmit to City,along with the certificateof insurance, a Waiver of Subrogation endorsement infavor of City of Newport Beach, itsCity Council, boards and commissions, officers,agents, volunteers and employees.
General Liability Insurance. Consultant shall maintain commercial general liabilityinsurance, and ifnecessary 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 milliondollars($4,000,000) general aggregate. The policy shall cover liabilityarisingfrom bodily injury,property damage, personal and advertisinginjury,and liability assumed under an insured contract(includingthe tortliabilityof another assumed ina business contract).
B.
Consultant shallsubmit to City,along with a certificateof 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 arisingout of or in connection with Work to be performed under thisAgreement, includingcoverage for any owned, hired, non- owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined singlelimiteach accident.
Consultant shallsubmit to City,along with a certificateof insurance, additional coverage as stated in Section 4. Other Insurance Requirements.
D. Professional Liability(Errors & Omissions) Insurance. Consultant shall maintain professionalliabilityinsurance that covers the Services to be performed in connection with thisAgreement, in the minimum amount of two milliondollars($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policyinceptiondate, 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 thisAgreement.
E. Excess/Umbrella LiabilityInsurance.Ifany Excess or Umbrella Liability policiesare used to meet the limitsof liabilityrequired by thiscontract, then said policiesshall be “followingform” of the underlying policy coverage, terms, conditions,and provisions and shall meet all of the insurance requirements statedinthiscontract,including,but not limited to, the additionalinsured and primary & non-contributoryinsurance requirements stated herein. No insurance policiesmaintained by the City,whether primaryor excess, and which alsoapply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess/umbrella liabilitypolicies are exhausted.
Consultant shallsubmit to City,along with a certificateof insurance, additional coverage as stated in Section 4. Other Insurance Requirements.
4. Other Insurance Requirements. The policiesare to contain,or be endorsed to contain,the followingprovisions:
A. Waiver of Subrogation. Allinsurance 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 specificallyallow Consultant or others providinginsurance evidence in compliance withthese requirements to waive theirrightof recovery prior to a loss.Consultant hereby waives itsown rightof recovery against Verdantas Inc. Page C-2
City,and shallrequire similarwrittenexpress waivers from each of its subconsultants.
Additional Insured Status. Allliabilitypoliciesincludinggeneral liability, excess/umbrella liability,and automobile liability,ifrequired, but not including professional liability,shallprovide or be endorsed to provide that City of Newport Beach, itsCity Council,boards and commissions, officers,agents, volunteers, employees shall be included as insureds under such policies.
Primary and Non Contributory. All liabilitycoverage shall apply on a primary basis and shall not require contributionfrom any insurance or self-insurancemaintained by City.
B.
C.
D. Notice of Cancellation. All policiesshall 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 foreach required coverage.
Subconsultants. Consultant shall require and verify that all subconsultants maintain insurance meeting allthe requirements stated herein,and Consultant shallensure thatCityisan additional insured on insurance required from subconsultants. For CGL coverage subconsultants shallprovide coverage with a format at least as broad as CG 20 38 04 13. Limits of liabilityfor General Liabilityand Professional Liability(Errors & Omissions) in an amount not less than one milliondollars($1,000,000) per occurrence, two million dollars ($2,000,000)
E.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Consultant shallprovide certificatesof 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 certificatesand endorsement must be approved by City’s Risk Manager prior to commencement of performance. Current certificationof insurance shallbe kept on filewith Cityat alltimes during the term of thisAgreement. The certificatesand endorsements for each insurance policyshallbe signed by a person authorized by that insurer to bind coverage on itsbehalf. At least fifteen(15) days priorto the expirationof any such policy,evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. Ifsuch coverage is cancelled or reduced. Consultant shall, withinten (10) days afterreceiptof writtennoticeof such cancellation or reduction of coverage, filewith 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 rightto require complete, certifiedcopies of all required insurance policies,at anytime.
City’sRight to Revise Requirements. City reserves the rightat 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.
B.
Right to Review Subcontracts. Consultant agrees thatupon request, all agreements with subconsultants or others with whom Consultant enters intocontractswith on behalf of City willbe submitted to Cityforreview.
Failureof Cityto request copies of such agreements willnot impose any liabilityon City,or itsemployees. Consultant shallrequire and verify that allsubconsultants maintain insurance meeting allthe requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subconsultants. For CGL coverage, subconsultants shallprovide coverage with a format at least as broad as CG 20 38 04 13.
C.
D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failureon the part of City to inform Consultant of non-compliance with any requirement imposes no additionalobligationson City nor does itwaive any rightshereunder.
E. Reguirements not Limiting.Requirements of specificcoverage features or limits contained in this Section are not intended as a limitation on coverage, limitsor other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature isfor purposes of clarificationonly as itpertains 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.
Ifthe Consultant maintains higher limitsthan the minimums shown above, the City requires and shall be entitledto coverage for higher limitsmaintained by the Consultant. Any availableinsurance proceeds in excess of the specified minimum limitsof insurance and coverage shallbe availableto the City.
F. Self-insuredRetentions. Any self-insuredretentionsmust be declared to and approved by City.City reserves the rightto require that self- insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance willnot be considered to comply with these requirements unless approved by City.
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City Remedies for Non-Compliance. IfConsultant or any subconsultant failsto provide and maintain insurance as requiredherein, then City shallhave the rightbutnotthe obligation,topurchase such insurance, to terminatethisAgreement, or to suspend Consultant’srightto proceed untilproperevidenceofinsuranceisprovided.Any amounts paid by City shall,at City’ssole option,be deducted from amounts payable to Consultantor reimbursed by Consultantupon demand.
Timely Notice of Claims. Consultant shallgive City prompt and timely notice of claims made or suits institutedthat arise out of or result from Consultant’sperformance under thisAgreement, and that involve or may involvecoverage under any of the requiredliabilitypolicies.City assumes no obligationor liabilityby such notice,but has the right(but not the duty)to monitorthe handlingofany such claimor claims ifthey are likelyto involveCity.
Consultant’s Insurance. Consultant shallalso procure and maintain, at itsown cost and expense, any additionalkindsof insurance,which in its own judgment may be necessary for its proper protectionand prosecutionofthe Work.
G.
H.
I.
Page C-5Verdantas Inc.