Professional Services Agreement — Orange City Council, August 8, 2023

PROFESSIONAL SERVICES AGREEMENT
[Special Inspection and Material Testing Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 23 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS , a California corporation (“Contractor”), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are th e subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.

Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Tuan Cao, Senior Civil Engineer (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/h er designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed SIXTY-THREE THOUSAND EIGHT HUNDRED SEVENTY DOLLARS and 00/100 ($63,870.00) without the prior written authorization of City.

b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are requ ired under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materi als and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

Contractor acknowledges that it and any subcontractors, agents or employees employ ed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, P ublic Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied , to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

3 8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. 4 Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 8710 3 of the Government Code.

Contractor further agrees that it shall not be eligible to work as the design/build firm for the project that is the subject of this Agreement.

17. Indemnity.

a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay 5 or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

a. Contractor shall carry workers ’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits under any City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence ; or (2) a ll the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, b ut only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences 6 that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of thi s Agreement.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer pos sesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.

k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under s uch insurance.

l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for 7 review and approval. All coverages for subcontractors shall b e subject to all of the requirements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

8 (2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing an d signed by both parties. Any work performed 9 which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

Ninyo & Moore Geotechnical & City of Orange
Environmental Sciences Consultants 300 E. Chapman Avenue 475 Goddart, Suite 200 Orange, CA 92866-1591
Irvine, CA 92618
Attn.: Andy Rodriguez Attn.: Jose Diaz

Telephone: 949-753-7070 Telephone: 714-288-2475
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Remainder of page intentionally left blank; signatures on next page]

10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

NINYO & MOORE GEOTECHNICAL & CITY OF ORANGE, a municipal corporation

ENVIRONMENTAL SCIENCES
CONSULTANTS, a California corporation
By:

Daniel R. Slater, Mayor
*By:

Printed Name:

Title:

ATTEST:

*By:

Printed Name:

Title: Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Michael J. Vigliotta, City Attorney

*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.

√

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]

475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com

June 13, 2023
Proposal No. 04-04121
Mr. Ryan Visperas, PE
Associate Engineer
City of Orange Public Works, Water Division
189 S. Water Street
Orange, California 92866
Subject: Proposal for Materials Testing and Specialty Inspection Services Replacement of Emergency Generator and ATS Project
Orange, California
Dear Mr. Visperas:

Ninyo & Moore is plea sed to submit this proposal for materials testing and specialty inspection services during construction of the Emergency Generator and ATS Replacement Project located at 189 S. Water Street in Orange, California. Based on our review of the project plans, we understand that the project will generally consist of replacing the existing emergency generator and concrete pad. The new concrete pad will be 18 inches thick and measure 44 inches wide and 172 inches long.

Our scope of services will include concrete inspection and materials testing. Geotechnical services will be provided by others.

SCOPE OF SERVICES
Based on our conversations with you, our understanding of the proposed construction, and our experience with similar projects, we propose to provide the following scope of services:
• Project coordination, management and technical support including review of the project plans and specifications, work scheduling and distribution of test data. • Attendance at pre-construction meetings and as-requested field meetings. • Field Specialty Inspector services during structural concrete construction including checking reinforcement steel installation, spacing, size, grade, location, clearances and anchorage.

Inspection during concrete placement and consolidation will also be performed. • Field Technician (with equipment) services for load and/or torque testing of post in stalled anchors.
• Laboratory testing including compressive strength testing of concrete samples obtained in the field.
• Preparation of daily reports and test data sheets to document the items inspected.

Ninyo & Moore | Replacement of Emergency Generator and ATS Project, Orange, California | 04-04121 | June 13, 2023 2

ASSUMPTIONS
Based on our project understanding, the following assumptions have been made in the preparation of our scope of services:
• Our services will be co ordinated and scheduled on an as -needed basis, as requested by our client’s authorized field representative.
• Our services are subject to prevailing wage requirements.

ESTIMATED FEES
We propose to provide our services on a time -and-materials basis in accordance with the attached Schedule of Fees. Our estimated fee for the scope described herein is presented in the attached Table 1.

Ninyo & Moore appreciates the opportunity to provide this proposal and we look forward to working with you.

Respectfully submitted,

NINYO & MOORE
Alfredo “Tino” Rodriguez
Principal, Construction Services

AER/AR/mlc
Attachments: Table 1 – Breakdown of Estimated Fee
Schedule of Fees
Special Inspector - Concrete 16 hours @ 115.00 $ /hour 1,840.00 $ Anchor Bolt Load Testing 4 hours @ $190.00 /hour $3,800.00 Sample Pick-up 2 hours @ 95.00 $ /hour 190.00 $
Field Vehicle and Equipment Usage 22 hours @ 15.00 $ /hour 330.00 $ Subtotal 6,160.00$
Concrete Compressive Strength 4 tests @ 35.00 $ /test 140.00 $ Subtotal 140.00 $
Principal Engineer/Geologist/Environmental Scientist 1 hour @ 210.00 $ /hour 210.00 $ Senior Project Engineer/Geologist/Environmental Scientist 2 hours @ 195.00 $ /hour 390.00 $ Subtotal 600.00 $
TOTAL ESTIMATED FEE 6,900.00$
Table 1 – Breakdown of Estimated Fee
Field Services
Laboratory Testing
Project Coordination, Management and Technical Support
Ninyo & Moore | Replacement of Emergency Generator and ATS Project, Orange, California | 04-04121 | CA14 | June 13, 2023 1

Ninyo & Moore | Replacement of Emergency Generator and ATS Project, Orange, California | 04-04121 | June 13, 2023 CA14

Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist ................................................ $ 210 Senior Engineer/Geologist/Environmental Scientist ................................................................................................. $ 200 Senior Project Engineer/Geologist/Environmental Scientist ..................................................................................... $ 195 Project Engineer/Geologist/Environmental Scientist ................................................................................................. $ 185 Senior Staff Engineer/Geologist/Environmental Scientist ......................................................................................... $ 170 Staff Engineer/Geologist/Environmental Scientist..................................................................................................... $ 155 GIS Analyst ................................................................................................................................................................ $ 130 Technical Illustrator/CAD Operator ........................................................................................................................... $ 110 Field Staff
Certified Asbestos/Lead Technician ......................................................................................................................... $ 195 Field Operations Manager ......................................................................................................................................... $ 130 Nondestructive Examination Technician (UT, MT, LP) ............................................................................................ $ 125 Supervisory Technician ............................................................................................................................................. $ 120 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) .............................................. $ 115 Senior Technician ..................................................................................................................................................... $ 110 Technician .................................................................................................................................................................. $ 110 Administrative Staff
Information Specialist ................................................................................................................................................ $ 90 Geotechnical/Environmental/Laboratory Assistant ................................................................................................... $ 95 Data Processor .......................................................................................................................................................... $ 75 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID ................................................................................................................................................................ $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.

Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

Ninyo & Moore | 2021 Laboratory Testing

Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 .............................................................. $ 170 Compression Tests, 6x12 Cylinder, C 39 ................................................... $ 35 California Bearing Ratio (CBR), D 1883 .................................................... $ 550 Concrete Mix Design Review, Job Spec ..................................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422 ..................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ............................... $ 850 Consolidation, D 2435, CT 219 .................................................................. $ 300 Concrete Cores, Compression (excludes sampling), C 42 ....................... $ 120 Consolidation, Hydro-Collapse only, D 2435 ............................................ $ 150 Drying Shrinkage, C 157 .............................................................................. $ 400 Consolidation – Time Rate, D 2435, CT 219 ............................................ $ 200 Flexural Test, C 78 ....................................................................................... $ 85 Direct Shear – Remolded, D 3080 ............................................................ $ 350 Flexural Test, C 293 ..................................................................................... $ 85 Direct Shear – Undisturbed, D 3080 ......................................................... $ 300 Flexural Test, CT 523 ................................................................................... $ 95 Durability Index, CT 229 ............................................................................. $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................. $ 275 Expansion Index, D 4829, IBC 18-3 .......................................................... $ 190 Lightweight Concrete Fill, Compression, C 495 ......................................... $ 80 Expansion Potential (Method A), D 4546 .................................................. $ 170 Petrographic Analysis, C 856 ...................................................................... $ 2,000 Geofabric Tensile and Elongation Test, D 4632 ....................................... $ 200 Restrained Expansion of Shrinkage Compensation .................................. $ 450 Hydraulic Conductivity, D 5084 .................................................................. $ 350 Splitting Tensile Strength, C 496 ................................................................. $ 100 Hydrometer Analysis, D 422, CT 203 ........................................................ $ 220 3x6 Grout, (CLSM), C 39 ............................................................................. $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ........................... $ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................. $ 55 Moisture Only, D 2216, CT 226 ................................................................. $ 35 Moisture and Density, D 2937 ................................................................... $ 45 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................ $ 300 Air Voids, T 269 ............................................................................................ $ 85 pH and Resistivity, CT 643 ......................................................................... $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ............................. $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ........................ $ 220 Asphalt Mix Design Review, Job Spec ....................................................... $ 180 Proctor Density with Rock Correction D 1557 .......................................... $ 340 Dust Proportioning, CT LP-4 ........................................................................ $ 85 R-value, D 2844, CT 301 ........................................................................... $ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 .................... $ 250 Sand Equivalent, D 2419, CT 217 ............................................................. $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Sieve Analysis, D 6913, CT 202 ................................................................ $ 145 Film Stripping, CT 302.................................................................................. $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 ............................................. $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 ......................... $ 225 Specific Gravity, D 854 ............................................................................... $ 125 Marshall Stability, Flow and Unit Weight, T 245 ......................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ............................................ $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 .................................. $ 150 Triaxial Shear, C.D, D 4767, T 297 ........................................................... $ 550 Moisture Content, CT 370 ............................................................................ $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 ............. $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ....................... $ 350 Slurry Wet Track Abrasion, D 3910 ............................................................. $ 150 Triaxial Shear, U.U., D 2850 ...................................................................... $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) .................. $ 4,900 Unconfined Compression, D 2166, T 208 ................................................. $ 180 Superpave, Gyratory Unit Wt., T 312 .......................................................... $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ................................. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 ............................................. $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ............ $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 .............................................. $ 90 Brick Compression Test, C 67 ................................................................... $ 55 Voids filled with Asphalt, (VFA) CT LP-3 .................................................... $ 90 Brick Efflorescence, C 67 ........................................................................... $ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67 ................................................................. $ 50 Brick Moisture as received, C 67 ............................................................... $ 45 AGGREGATES Brick Saturation Coefficient, C 67 .............................................................. $ 60 Clay Lumps and Friable Particles, C 142 ................................................... $ 180 Concrete Block Compression Test, 8x8x16, C 140 ................................. $ 70 Cleanness Value, CT 227 ............................................................................ $ 180 Concrete Block Conformance Package, C 90 .......................................... $ 500 Crushed Particles, CT 205 ........................................................................... $ 175 Concrete Block Linear Shrinkage, C 426 .................................................. $ 200 Durability, Coarse or Fine, CT 229 .............................................................. $ 205 Concrete Block Unit Weight and Absorption, C 140 ................................ $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 Cores, Compression or Shear Bond, CA Code ........................................ $ 70 Flat and Elongated Particle, D 4791 ........................................................... $ 220 Masonry Grout, 3x3x6 prism compression, C 39 ..................................... $ 45 Lightweight Particles, C 123 ........................................................................ $ 180 Masonry Mortar, 2x4 cylinder compression, C 109 .................................. $ 35 Los Angeles Abrasion, C 131 or C 535 ....................................................... $ 200 Masonry Prism, half size, compression, C 1019 ...................................... $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................. $ 90 Masonry Prism, Full size, compression, C 1019 ...................................... $ 200 Organic Impurities, C 40 .............................................................................. $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ............... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 .................... $ 950 Chemical Analysis, A 36, A 615 ................................................................. $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ................... $ 475 Fireproofing Density Test, UBC 7-6 .......................................................... $ 90 Sand Equivalent, T 176, CT 217 ................................................................. $ 125 Hardness Test, Rockwell, A 370 ............................................................... $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ........................................ $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................ $ 145 per assembly, A 325 ............................................................................. $ 150 Sodium Sulfate Soundness, C 88 ............................................................... $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ................................ $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 ......................... $ 115 Pre-Stress Strand (7 wire), A 416 .............................................................. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 .............................. $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 ....................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ......................... $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ....................... $ 80 Roofing Tile Absorption, (set of 5), C 67 ..................................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................ $ 250

Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.

475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com

June 13, 2023
Proposal No. 04-04123
Mr. Ryan Visperas, PE
Associate Engineer
City of Orange, Public Works, Water Division
189 S. Water Street
Orange, California 92866
Subject: Proposal for Specialty Inspection and Materials Testing Services Orange Water Bin Storage Project
Orange, California
Dear Mr. Visperas:

Ninyo & Moore is pleased to submit this proposal for specialty inspection and materials testing services during construction of the Orange Water Division Bin Storage Project located at 1130 E.

Almond Avenue in Orange, California. Our proposal is based on our review of the project plans and our discussions with you. We understand that the project will generally consist of a new 28 feet by 115 feet covered storage bin facility. The construction will include concrete foundations, concrete slab on grade, concrete walls, steel framed canopy with metal deck. The wall at the north end will be doweled into the existing wall. Other improvements include steel bollards on concrete footings .

The structural drawings indicate that inspection will be required for concrete, anchors, bolts, welding, and metal deck. We understand that geotechnical services will be provided by others.

Inspection during concrete placement and consolidation will also be performed. • Field Specialty Inspector services during structural steel construction onsite including inspection during welding and bolting and non -destructive examination of welds in accordance with the project specifications.
• Field Technician services for anchor/dowel installation observation and load/torque testing.

Ninyo & Moore | Orange Water Bin Storage Project, Orange, California | 04-04123 | June 13, 2023 2

• Field ACI Concrete Technician services to provide observation, sampling and testing during structural concrete and grout placement includin g checking mix design, elapsed time, temperature, slump and casting a set of cylinders for each batch. • Laboratory testing including concrete compressive strength testing of representative samples obtained in the field.
• Preparation of daily reports and test data sheets to document the items inspected. • Preparation of a Final Inspection Report for proper close-out with the Building Department.

ASSUMPTIONS
Based on our project understanding, the following assumptions have been made in the preparation of our scope of services:
• Our services will be coordinated and scheduled on an as -needed basis, as requested by our client’s authorized field representative.
• Our services are subject to prevailing wage requirements.

ESTIMATED FEES
We propose to provide our services on a time-and-materials basis in accordance with the attached Schedule of Fees. Our estimated fee for the scope described herein is presented in the attached Table 1.

Ninyo & Moore appreciates the opportunity to provide this proposal and we look forward to working with you.

Respectfully submitted,

NINYO & MOORE
Alfredo “Tino” Rodriguez
Principal, Construction Services

AR/scs
Attachments: Table 1 – Breakdown of Estimated Fee
Schedule of Fees

Special Inspector - Concrete 40 hours @ 115.00 $ /hour 4,600.00 $ Special Inspector - Steel Welding and Bolting 40 hours @ 115.00 $ /hour 4,600.00 $ Non-Destructive Examination - Welds 8 hours @ 125.00 $ /hour 1,000.00 $ Pull-Testing Technician - Post Installed Anchors 4 hours @ 190.00 $ /hour 760.00 $ ACI Field Technician - Sampling Concrete 16 hours @ 110.00 $ /hour 1,760.00 $ Field Vehicle Usage 108 hours @ 15.00 $ /hour 1,620.00$ Subtotal 14,340.00$
Concrete Compressive Strength, C 39 16 tests @ 35.00 $ /test 560.00 $ Subtotal 560.00 $
Principal Engineer/Geologist/Environmental Scientist 1 hour @ 210.00 $ /hour 210.00 $ Senior Project Engineer/Geologist/Environmental Scientist 8 hours @ 195.00 $ /hour 1,560.00 $ Subtotal 1,770.00$
Principal Engineer/Geologist/Environmental Scientist 1 hour @ 210.00 $ /hour 210.00 $ Senior Project Engineer/Geologist/Environmental Scientist 1 hour @ 195.00 $ /hour 195.00 $ Data Processor 1 hour @ 75.00 $ /hour 75.00 $
Subtotal 480.00 $
TOTAL ESTIMATED FEE 17,150.00$
Table 1 – Breakdown of Estimated Fee
Field Services
Laboratory Testing
Project Coordination, Management and Technical Support
Report Preparation
Ninyo & Moore | Orange Water Bin Storage Project, Orange, California | 04-04123 | CA14 | June 13, 2023 1

Ninyo & Moore | Orange Water Bin Storage Project, Orange, California | 04-04123 | June 13, 2023 CA14

Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.

Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

Ninyo & Moore | 2021 Laboratory Testing

Schedule of Fees for Laboratory Testing

Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.

475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com

June 13, 2023
Proposal No. 04-04124
Mr. Ryan Visperas, PE
Associate Engineer
City of Orange, Public Works, Water Division
189 S. Water Street
Orange, California 92866
Subject: Proposal for Materials Testing and Specialty Inspection Services Well No. 28 Equipping Project
Orange, California
Dear Mr. Visperas:

Ninyo & Moore is plea sed to submit this proposal for materials testing and specialty inspection services during construction of the Well No. 28 Equipping Project located at 225 W. Maple Avenue in Orange, California. Based on our review of the project plans, we und erstand that the project will generally consist of various improvements to the Well No. 28 site. The improvements include a new masonry electrical and chemical building, pre -treatment filters, IX vessels, masonry walls, fencing and gates, biofiltration system, well enclosure, screen wall and associated piping. The improvements will also include a new park. The park improvements include a new shade structure, monument sign, brick columns, concrete paving, grouted brick paving, seat wall, drinking fountain and landscaping.

The new masonry building will be a single -story structure approximately 14 feet wide and 40 feet long. Structurally, the new building will consist of a concrete mat foundation, masonry walls and steel roof deck. The new well enclosure will include a concrete mat foundation, steel columns and acoustic enclosure panels. The site improvements will also include concrete equipment pads, asphalt concrete pavement, and concrete sidewalks, driveway and curb & gutter. Our scope of services will include materials testing and special inspection services. Geotechnical services will be provided by others.

Ninyo & Moore | Well No. 28 Equipping Project, Orange, California | 04-04124 | June 13, 2023 2

• Field Specialty Inspector services during structural concrete construction including checking reinforcement steel installation, spacing, size, grade, location, clearances and anchorage.

Inspection during concrete placement and consolidation will also be performed. • Field Specialty Inspector services during r einforced masonry construction, including checking rebar grade, location and quantity and inspection of grout cells prior to grout placement. • Welding inspection services in accordance with the project specifications. • Load and/or torque testing of epoxy and expansion anchors. • Field ACI Concrete Technician services to provide observation, sampling and testing during structural concrete placement including checking mix design, elapsed time, temperature, slump and casting a set of cylinders for each batch.
• Laboratory testing including compressive strength testing of masonry grout and mortar, and concrete samples obtained in the field.
• Preparation of daily reports and test data sheets to document the items inspected.

ASSUMPTIONS
Based on our project understanding, the following assumptions have been made in the preparation of our scope of services:
• Our services will be coordinated and scheduled on an as -needed basis, as requested by our client’s authorized field representative.
• Our services are subject to prevailing wage requirements.

ESTIMATED FEES
We propose to provide our services on a time -and-materials basis in accordance with the attached Schedule of Fees . Our estimated fee for the scope described herein is presented in the attached Table 1.

Ninyo & Moore appreciates the opportunity to provide this proposal and we look forward to working with you.

Respectfully submitted,

NINYO & MOORE
Andy Rodriguez
Senior Project Manager
Alfredo “Tino” Rodriguez
Principal, Construction Services

AER/AR/mlc
Attachments: Table 1 – Breakdown of Estimated Fee
Schedule of Fees

Special Inspector - Concrete and Masonry 160 hours @ 115.00 $ /hour 18,400.00$ Special Inspector - Welding 40 hours @ 115.00 $ /hour 4,600.00 $ ACI Field Technician - Sampling Concrete 40 hours @ 110.00 $ /hour 4,400.00 $ Anchor Bolt Load Testing 8 hours @ $190.00 /hour 1,520.00 $ Sample Pick-up 10 hours @ 95.00 $ /hour 950.00 $
Field Vehicle and Equipment Usage 258 hours @ 15.00 $ /hour 3,870.00$ Subtotal 33,740.00$
Concrete Compressive Strength 40 tests @ 35.00 $ /test 1,400.00 $ Masonry Mortar, Compression 12 tests @ 35.00 $ /test 420.00 $ Masonry Grout, Compression 16 tests @ 45.00 $ /test 720.00 $ Subtotal 2,540.00$
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 210.00 $ /hour 420.00 $ Senior Project Engineer/Geologist/Environmental Scientist 16 hours @ 195.00 $ /hour 3,120.00 $ Subtotal 3,540.00$
TOTAL ESTIMATED FEE 39,820.00$
Table 1 – Breakdown of Estimated Fee
Field Services
Laboratory Testing
Project Coordination, Management and Technical Support
Ninyo & Moore | Well No. 28 Equipping Project, Orange, California | 04-04124 | CA14 | June 13, 2023 1

Ninyo & Moore | Well No. 28 Equipping Project, Orange, California | 04-04124 | June 13, 2023 CA14

Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.

Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

Ninyo & Moore | 2021 Laboratory Testing

Schedule of Fees for Laboratory Testing

Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.

Orange City CouncilAugust 8, 2023

Orange City Council
August 8, 2023