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HomeMy WebLinkAboutNV5, Inc.; 2025-06-27; PSA25-3827CMIPSA25-3827CMI Page 1 General Counsel Approved 2/11/2025 MASTER AGREEMENT FOR AS-NEEDED MATERIALS TESTING NV5, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2025, but effective August 18, 2025, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California ("CMWD"), and NV5, Inc., a California corporation ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in materials testing. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to as-needed materials testing. D. Contractor has submitted a proposal to CMWD responsive to Request for Qualifications RFQ25-3671CMI and has affirmed its willingness and ability to perform such work as outlined in the Request for Qualifications. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services ("Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective from the date first above written to Aug. 17, 2028. The Executive Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts of a year CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by CMWD and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Executive Manager or General Manager as authorized by the Executive Manager. The Executive Manager or General Manager will give ) June 24, 2025 Item #6 Page 843 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 27th June PSA25-3827CMI Page 2 General Counsel Approved 2/11/2025 allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by CMWD inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed six hundred thousand dollars ($600,000) per Agreement year. If the City elects to extend the Agreement pursuant to Section 3, the costs of services may increase by a maximum of 2% per Agreement year, if agreed to by both parties. Fees will be paid on a project-by- Payment terms are Net 30 unless otherwise provided or agreed to in writing by the parties. Prior to initiation of any project work by Contractor, CMWD shall prepare a Project Task Description and Fee Allotment ("Task Description") which, upon signature by Contractor and for CMWD, the Executive Manager or General Manager, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination of these. 6. PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this California Labor Code Section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the specified prevailing rates of wages to all such workers employed by Contractor in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6.2 DIR Registration. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in California Labor Code section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code Section 1725.5. Prior to the performance of public work by any subcontractor under this Agreement, Contractor must furnish City with the subcontractor's current DIR registration number. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize CMWD (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and June 24, 2025 Item #6 Page 844 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 PSA25-3827CMI Page 3 General Counsel Approved 2/11/2025 decreasing turnaround times. Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/tutorials (as needed) to become familiar with the system. Unless the City of Carlsbad City Engineer approves otherwise, Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, requests for information, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in this Agreement or Task Descriptions. 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under the control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this CMWD may deduct the indemnification amount from any balance owing to Contractor. 9. CONTRACTOR EVALUATIONS evaluation program. Prior to the release of any task orders, the Contractor will be notified of the program may be evaluated and the results will be considered for future task orders or agreements. 10. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. June 24, 2025 Item #6 Page 845 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 PSA25-3827CMI Page 4 General Counsel Approved 2/11/2025 Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 11. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 12. INDEMNIFICATION Contractor agrees to defend (with counsel approved by CMWD), indemnify and hold harmless CMWD and the City of Carlsbad and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement and Task Descriptions caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Contractor California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, percentage of fault. The parties expressly agree that any payment, attorneys fee, cost or expense CMWD or the City of -administered the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 13. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR Approved Surplus Line Insurers OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 13.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will June 24, 2025 Item #6 Page 846 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 PSA25-3827CMI Page 5 General Counsel Approved 2/11/2025 obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 13.1.1 Commercial General Liability Insurance. including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 13.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 13.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to satisfaction, a declaration stating this. 13.1.4 Professional Liability. with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 13.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 13.2.1 CMWD will be named as an additional insured on General Liability which shall provide primary coverage to CMWD. 13.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 13.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance 13.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 13.3 Providing Certificates of Insurance and Endorsements. Prior to execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. June 24, 2025 Item #6 Page 847 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 PSA25-3827CMI Page 6 General Counsel Approved 2/11/2025 13.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 14. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 15. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 16. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for 17. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 18. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD: For Contractor: Name Jennifer Chapman Name Shafiq Popalzai Title Senior Contract Administrator Title Vice President Dept Public Works/CM&I Address 15092 Avenue of Science, Ste. 200 CARLSBAD MUNICIPAL WATER DISTRICT San Diego, CA 92128 Address 1635 Faraday Ave. Phone 858-385-0500 Carlsbad, CA 92008 Email Shafiq.popalzai@nv5.com Phone 442-339-2780 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and June 24, 2025 Item #6 Page 848 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 PSA25-3827CMI Page 7 General Counsel Approved 2/11/2025 regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS -duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to CMWD. In the event of termination of this Agreement by either party and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed June 24, 2025 Item #6 Page 849 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 PSA25-3827CMI Page 8 General Counsel Approved 2/11/2025 the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Section 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the CMWD and Contractor. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and June 24, 2025 Item #6 Page 850 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 PSA25-3827CMI Page 9 General Counsel Approved 2/11/2025 understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 30. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. {signatures on following page} June 24, 2025 Item #6 Page 851 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 PSA25-3827CMI Page 10 General Counsel Approved 2/11/2025 31. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad NV5, INC., a California corporation By: By: (sign here) KEITH BLACKBURN, President Shafiq Popalzai, Vice President of Conformity Assessment Solutions (print name/title) ATTEST: By: SHERRY FREISINGER, Secretary (sign here) By: Director of Constituent & Clerk Services (print name/title) Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, General Counsel By:_______________________________ June 24, 2025 Item #6 Page 852 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 PSA25-3827CMI Page 11 General Counsel Approved 2/11/2025 EXHIBIT A SCOPE OF SERVICES AND FEE Contractor shall perform as-needed materials testing services in accordance with the city/CMWD Request for Qualifications (RFQ25-3671CMI) dated March 5, 2025. The City/CMWD within fifteen (15) minutes of the scheduled time and is expected to be prepared to perform the requested tests and tasks. Costs incurred by the City/CMWD due to time delays created by the materials testing firm shall be at the expense of said firm. The City/CMWD will make every effort to coordinate work to allow use of a single technician, but is under no obligation to do so. The City/CMWD may schedule or reschedule work on a same day basis if a technician is available. The City/CMWD will not be held liable for any test cancellation that occurred at least two (2) hours prior to the scheduled time. The City/CMWD will only pay for time spent on site; no charges for mileage or travel time. Rates should be inclusive of vehicle usage and administrative time, which includes coordination, scheduling, billing, etc. The cost of each test performed will also be an inclusive rate that includes vehicle usage, the test, the tools needed to perform the test, the report, pickup and drop off. Time will be billed in 2-hour increments with a 2-hour minimum. Invoices for services are expected to be reviewed for accuracy before being submitted to the City/CMWD. If the use of subcontractors is approved by the City/CMWD, they shall be billed at cost plus no more than 10%. Compaction test reports will be made available in the field at the time of testing where sampling for maximum densities was made available two (2) days prior to testing of soils and aggregates, and the same day for asphalt concrete. When proctors for maximum densities are not available on the day of testing, compaction test results shall be available no later than the next day. Contractor will prepare and submit a formal report as soon as that segment of work is completed or when otherwise requested by the City/CMWD. June 24, 2025 Item #6 Page 853 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 FEE SCHEDULE PROFESSIONAL STAFF Personnel Senior Principal Engineer / Geologist $245.00/hr. Principal Engineer / Geologist $225.00/hr. Associate Engineer / Geologist $205.00/hr. Senior Engineer / Geologist $185.00/hr. Project Engineer / Geologist $155.00/hr. Senior Staff Engineer / Geologist $135.00/hr. Staff Engineer / Geologist $120.00/hr. Senior Project Manager $170.00/hr. Project Manager $150.00/hr. Field Supervisor $150.00/hr. Administration Staff $75.00/hr. FIELD STAFF Prevailing Wage Soil / ACI Technician I $.00 /hr. - Vehicle Charge /day - Equipment Charge /hour ICC Special Inspector I (Concrete, Masonry, Steel, Bolt, Fireproofing) $.00 /hr. Certified Welding Inspector I $1 .00 /hr. NDT Technician $1 .00 /hr. Laboratory Technician $80.00 /hr. Ground Penetrating Radar (Technician and Equipment) $198.00 /hr. Coring Equipment Fee $70.00 /hr. Torque/Pull Testing (Technician and Equipment) $130.00 /hr. "Wildcat”, 35-lb hammer Dynamic Cone Penetrometer (DCP) with tech $400.00 /hr. Lightweight 5-lb Gas Dynamic Cone Penetrometer (DCP) equip with tech $180.00 /hr. Seismic Refraction Survey Using Geode 24-Channel Seismodule $3,150.00 Fall of Potential Ground Testing (Ground Rod Test) - Initial Test $975.00 Fall of Potential Ground Testing (Ground Rod Test) - Subsequent Test $585.00 Pick-Up /hr. LABORATORY FEE SCHEDULE Asphalt Mix Design Review $375.00/ea. Hveem Stability $215.00/ea. Hveem Unit Weight Sample Requiring Compaction $200.00/ea. Marshall Stability, Flow & Unit Weight 210.00/ea. (per test specimen) Maximum Theoretical Unit Weight (Rice) $210.00/ea. Extraction - Ignition Oven (including gradation) $245.00/ea. Percent Swell $160.00/ea. Unit Wt Compacted Sample (Specific Gravity) $95.00/ea. Absorption Test, Coarse Aggregate $54.00/ea. 2 Inc. Inc. Inc. PSA25-3827CMI; Exhibit "A" (cont.) June 24, 2025 Item #6 Page 854 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 FEE SCHEDULE LABORATORY FEE SCHEDULE (CONTINUED) Absorption Test, Fine Aggregate $54.00/ea. Clay Lumps & Friable Particles $135.00/ea. Cleanness Value $160.00/ea. Crushed Particles, Percent $205.00/ea. Durability Index, Coarse Aggregate $130.00/ea. Durability Index, Fine Aggregate $130.00/ea. Abrasion Resistance by LA Rattler $205.00/ea. Organic Impurities in Sand $80.00/ea. Sieve Analysis Coarse Aggregate $100.00/ea. Sieve Analysis Coarse & Fine Aggregate (includes Wash) $140.00/ea. Sodium Sulfate Soundness (5 cycle test per primary size) $390.00/ea. Specific Gravity, Fine Aggregate $95.00/ea. Specific Gravity, Coarse Aggregate $85.00/ea. Unit Weight (per cubic foot) Voids in Aggregate $75.00/ea. Rock Core (Compressive Strength) $95.00/ea. Headed Rebar Tensile Test - No. 8 Bar and Smaller < $115.00/ea. Headed Rebar Tensile Test - No. 9 Bar to No. 11 $140.00/ea. H. S. Bolt Conformance– Bolt, Nut & Washer (DSA) $480.00/ea. Mechanically Spliced Reinforcing Steel - No. 8 Bar and Smaller < $200.00/ea. Mechanically Spliced Reinforcing Steel - No. 9 Bar to No. 11 $215.00/ea. Mechanically Spliced Reinforcing Steel - No. 14 $235.00/ea. Mechanically Spliced Reinforcing Steel - Slippage $42.00/ea. Mechanical Tests, Hardness Test, Rockwell $118.00/ea. Prestressed Steel, Tensile Test, Strand (7-wire Coated) $235.00/ea. Prestressed Steel, Tensile Test, Strand (7-wire Uncoated) $275.00/ea. Reinforcing Steel, Tensile Test – No. 8 Bar and Smaller < $95.00/ea. Reinforcing Steel, Tensile Test – No. 9 Bar to No. 11 $108.00/ea. Reinforcing Steel, Tensile Test – No. 11 Bar and Greater > Quote Reinforcing Steel, Bend Test $75.00/ea. Spray-applied Fireproofing Density Tests $110.00/ea. Structural Steel, Tensile – Up to 200,000 lbs. $160.00/ea. Structural Steel, Bend Test $105.00/ea. Welded Specimens, Tensile Test $135.00/ea. Chemical Analysis Quote Machining Costs If Required $80.00/hr. Absorption Test, Brick $65.00/ea. Compression Test, Composite Prism $185.00/ea. Compression Test, Brick $55.00/ea. Compression Test, Blocks $95.00/ea. Compression Test, Cores (does not include Coring for samples) $80.00/ea. Compression Test, Grout / Mortar $37.00/ea. Masonry Block Conformance (Does not include shrinkage) $480.00/ea. 3 PSA25-3827CMI; Exhibit "A" (cont.) June 24, 2025 Item #6 Page 855 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36 FEE SCHEDULE LABORATORY FEE SCHEDULE (CONTINUED) Modulus of Rupture, Brick $55.00/ea. Moisture as Received, Brick $55.00/ea. Saturation Coefficient Brick $55.00/ea. Unit Weight & Absorption, Block $80.00/ea. Efflorescence, Block or Brick Only $80.00/ea. Linear Shrinkage $270.00/ea. Masonry Core Shear Test $130.00/ea. Soil Processing Fee (per sample) $22.00/ea. Chloride Content of Soil $85.00/ea. Consolidation (up to 9 loads) $295.00/ea. Direct Shear (undisturbed ring specimens) $270.00/ea. Direct Shear (remolded specimens) $315.00/ea. Expansion Index $170.00/ea. Proctor (per curve) - 4-inch mold $210.00/ea. Proctor (per curve) - 6-inch mold $275.00/ea. Rock Correction (if required) $75.00/ea. Moisture Content / Dry Density $42.00/ea. Organic Matter $80.00/ea. Plasticity Index/Liquid Limit (Atterberg Limit) $160.00/ea. R-value (minimum 3 points)$340.00/ea. Resistivity & pH of Soil $180.00/ea. Sand Equivalent $100.00/ea. Sieve Analysis $135.00/ea. Sieve Analysis, with Hydrometer $270.00/ea. No. 200 Mesh Wash Particle Size Gradation $95.00/ea. Sulfate Content of Soil $85.00/ea. Thermal Resistivity of Soil (including 1 proctor curve) $1300.00/ea. Compression Test, 4x8 Cylinder $32.00/ea. Compression Test, 6x12 Cylinder $34.00/ea. Compression Test Gunite / Shotcrete (3 Cores/Panel, Coring Included) $420.00/ea. Compression Test, Core (incl sample prep) $80.00/ea. Compression Test, Lightweight Concrete Fill $53.00/ea. Compression Test, Non-shrink Grout Cubes $53.00/ea. Concrete Flexural Test $95.00/ea. Concrete Mix Design (revision or review) $375.00/ea. Drying Shrinkage (3 specimens – 28 days) $375.00/ea. Modulus of Elasticity, Static $270.00/ea. Splitting Tensile Strength $105.00/ea. Thermal Resistivity Testing of Concrete / FTB $485.00/ea. Unit Weight, Lightweight Concrete Fill $80.00/ea. 4 PSA25-3827CMI; Exhibit "A" (cont.) June 24, 2025 Item #6 Page 856 of 1064 Docusign Envelope ID: 063721B4-05C7-4FBA-B778-2349BC8C3E36