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HomeMy WebLinkAboutAtlas Technical Consultants, LLC; 2025-06-24; PSA25-3814CMIPSA25-3814CMI Page 1 City Attorney Approved Version 2/11/2025 MASTER AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES ATLAS TECHNICAL CONSULTANTS LLC THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of ___________________, 2025, but effective August 18, 2025, by and between the City of Carlsbad, California, a municipal corporation ("City"), and Atlas Technical Consultants LLC, a Delaware limited liability company ("Contractor"). RECITALS A.City 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 the city 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, City and Contractor agree as follows: 1.SCOPE OF WORKCity 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 Agreement’s terms and conditions. Contractor’s obligations with respect to any project granted to Contractor under this Agreement will be 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 City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts of a year. Extensions will be based upon a satisfactory review of Contractor’s performance, City needs, and appropriation of funds by the City Council. 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) daysafter receipt of notification to proceed by City and be completed within the time specified in the TaskDescription 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 City Manager or the Division Director (“Director”) as authorized by the City Manager. The City Manager or Director will give allowance for Attachment V Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 325 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 24th June PSA25-3814CMI Page 2 City Attorney Approved Version 2/11/2025 documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City 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 extends 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-project basis and will be based on Contractor’s Schedule of Rates specified in Exhibit “A.” Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment ("Task Description") which, upon signature by Contractor and for City, the City Manager or Director, 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 Agreement constitute “public works” under 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 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 City’s Procore (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 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 Engineer approves otherwise, Contractor shall process all project documents through Procore because Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 326 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 PSA25-3814CMI Page 3 City Attorney Approved Version 2/11/2025 this platform will be used to submit, track, distribute and collaborate on projects. 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 Contractor’s 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 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 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 City. Contractor will be under the control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City 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 City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 9. CONTRACTOR EVALUATIONS Work performed under this Master Services Agreement may be subject to the City’s contractor evaluation program. Prior to the release of any task orders, the Contractor will be notified of the program requirements and will receive a copy of the evaluation criteria and process. The Contractor’s performance 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 City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City 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. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. 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 Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 327 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 PSA25-3814CMI Page 4 City Attorney Approved Version 2/11/2025 applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 11. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 12. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City 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. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under 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’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation program is included as a loss, expense or cost for 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 or Contractor’s agents, representatives, 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 with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; 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 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. Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 328 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 PSA25-3814CMI Page 5 City Attorney Approved Version 2/11/2025 13.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, 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 City's satisfaction, a declaration stating this. 13.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession 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 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 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 proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 13.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City 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 City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 13.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 329 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 PSA25-3814CMI Page 6 City Attorney Approved Version 2/11/2025 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 City 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 City. 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 City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 17.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 18.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Jennifer Chapman Name Dan Ferguson Title Senior Contract Administrator Title Field Services Manager Dept Public Works/CM&I Address 9085 Aero Drive Ste B CITY OF CARLSBAD San Diego, CA 92123 Address 1635 Faraday Ave. Phone 858-531-9777 Carlsbad, CA 92008 Email Daniel.Ferguson@oneatlas.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 LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulations whichin any manner affect those employed by Contractor, or in any way affect the performance of the Servicesby Contractor. Contractor will at all times observe and comply with these laws, ordinances, andregulations and will be responsible for the compliance of Contractor's services with all applicable laws,ordinances and regulations. Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 330 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 PSA25-3814CMI Page 7 City Attorney Approved Version 2/11/2025 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 Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-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 City 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, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City 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 City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City 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 City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City 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 Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 331 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 PSA25-3814CMI Page 8 City Attorney Approved Version 2/11/2025 or making of this Agreement. For breach or violation of this warranty, City 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 City 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 City, 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 City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys 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. JURISDICTIONS 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 City 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 City, 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 City 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 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 Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 332 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 PSA25-3814CMI Page 9 City Attorney Approved Version 2/11/2025 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. 31.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf of Contractoreach represent and warrant that they have the legal power, right and actual authority to bind Contractorto the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Atlas Technical Consultants LLC, a Delaware limited liability company By: By: (sign here) KEITH BLACKBURN, Mayor Yashar Hooshvar, Hub Leader (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (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, City Attorney BY: _____________________________ Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 333 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 PSA25-3814CMI Page 10 City Attorney Approved Version 2/11/2025 EXHIBIT A SCOPE OF SERVICES AND FEES Contractor shall perform as-needed materials testing services in accordance with the City’s Request for Qualifications (RFQ25-3671CMI) dated March 5, 2025. The City will normally schedule work on a prior day basis. The firm’s technical shall be onsite 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 due to time delays created by the materials testing firm shall be at the expense of said firm. The City will make every effort to coordinate work to allow use of a single technician, but is under no obligation to do so. The City may schedule or reschedule work on a same day basis if a technician is available. The City will not be held liable for any test cancellation that occurred at least two (2) hours prior to the scheduled time. The City 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. 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. Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 334 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 $190$250 $250$215$215 $190$190 $142$142$142 $142$142 $146 $146$146 Professional (Engineering, Geology) Director/Principal Professional $250Senior Professional $215 Project Professional $190Staff Professional $160Drafter Level II $120 Drafter Level I $110 Project ManagementSenior Project Manager $210Project Manager $190Project Controller $95 Field Services (Geotechnical, Special Inspection)Field Supervisor $190 Off Site Inspector $146Laboratory Technician $100Group 1 (Field Soils, Material Tester)$142 Group 2 (Special Inspection)$146Group 3 (NDT Testing)$149 Group 4 (Coring)$140 NACE Inspector $175Travel, Equipment, and Miscellaneous Sample Pick Up $100/hourVehicle/Truck $100/day Nuclear Gauge $50/day Torque Wrench $50/dayPull Testing $75/day Air Meter $50/dayNDT Equipment $60/day Coring Equipment $95/day Travel Time Overtime and Saturday Rate Sunday and Nationally Recognized Holiday Rate Rush Surcharge Per Diem (variable, depending on location) Specialty Equipment Surcharge MASTER AGREEMENT RATE SCHEDULE STAFF Daniel Ferguson PROFESSIONAL SERVICES Hourly Rate1.5 x Regular Hourly Rate 2 x Regular Hourly RateNormal Rate Plus 50%Quote Quote Peter SteinGilletteIsmael Gonzalez Chris Castaneda Nate BachourSam Carbajal Austin HillDaniel Broyles Chad BartleyAnthony StrewartRaul Tena Senior Professional Erick Aldrich Morteza MirshekariDale BodmanBryan Rall Special Inspector TITLE HOURLY RATE Field Technician Field TechnicianField Technician Special Inspector Special Inspector Senior Geologist Director of Lab ServicesField Services Manager Field TechnicianField Technician Project ManagerPrincipal Engineer Senior Professional FEE SCHEDULE CITY OF CARLSBAD - PUBLIC WORKS MASTER AGREEMENT CONSULTANT SERVICES: RFQ25-3671CMI - CATEGORY 3 1 PSA25-3814CMI; Exhibit "A" (cont.) Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 335 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 Soil and AggregateCalifornia Bearing Ratio (ASTM D854) $515California Impact (Cal 216)$255 Clay Lumps in Aggregate (ASTM C142)$185 Cleanness Value (Cal 227)$245Compressive Strength of Rock Core (ASTM D7012) $320 Consolidation (ASTM D2435)$245Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity)$230Crushed Particles (Cal 205, ASTM D5821)$185 Direct Shear (ASTM D3080)$320Durability Factor (Cal 229, ASTM D3744)$120 Durability Index (Cal 229, ASTM D3744)$275Expansion Index (ASTM D4829)$220Fine Aggregate Angularity (AASHTO T304)$245 Fineness Modulus (ASTM C136)$35Flat & Elongated Pieces (ASTM D4791)$215 Light Weight Pieces (ASTM C123)$125Liquid Limit (Cal 204, ASTM D4318)$95Los Angeles Abrasion (Cal 211, ASTM C131)$275 Maximum Density Check Point (ASTM D698/D1557)$110Maximum Density/Optimum Moisture – 4 inch (ASTM D698, D1557)$245 Maximum Density/Optimum Moisture – 6 inch (ASTM D698, D1557)$270Minimum Density (ASTM D1556)$95Moisture Content (Cal 226, ASTM C566, ASTM D2216)$45 Natural Density Chunk Sample (ASTM D2937)$55Natural Moisture/Density Ring or Core Sample (ASTM D2937)$50 One-Dimensional Swell or Collapse of Soils – per point (ASTM D4546)$235 Organic Impurities (Cal 213, ASTM C40)$115Organic Matter (ASTM D2974)$95 Percent Finer than #200 (ASTM C117, ASTM D1140)$90Permeability Remold Sample (ASTM D2434)$245 Permeability Remold Sample (ASTM D5084) Permeability Undisturbed Sample (ASTM D5084)Petrographic Analysis (Cal 215, ASTM C295) pH & Resistivity (Cal 643, ASTM G51)$155Plasticity Index (Cal 204, ASTM 4318)$160 Potential Reactivity (ASTM C289)$270 Residual Shear (ASTM D6467)$545Rock Correction (ASTM D4718)$35 R-Value (Cal 301, ASTM D2844)$340Sand Castle Test (USACE)$240Sand Equivalent (Cal 217, ASTM D2419)$110 Sieve Analysis (ASTM C136, ASTM D6913, Cal 202)$135Sieve Analysis with Hydrometer (Cal 203, ASTM D422)$245 Soil Cement Compression Strength (Cal 312, ASTM D1633)$65Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632)$125Soil Cement Mixtures, Wetting and Drying (ASTM D559)$1,400 Soluble Chlorides (Cal 422)$80Soluble Sulfate (Cal 417)$80 Soundness 5 Cycles (Cal 214, ASTM C88)$260Specific Gravity Coarse Aggregate (Cal 206, ASTM C127)$145 QuoteQuote Quote LABORATORY TESTS CITY OF CARLSBAD - PUBLIC WORKS MASTER AGREEMENT CONSULTANT SERVICES: RFQ25-3671CMI - CATEGORY 3 FEE SCHEDULE 2 PSA25-3814CMI; Exhibit "A" (cont.) Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 336 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 Soil and Aggregate ContinuedSpecific Gravity Fine Aggregate (Cal 207, ASTM C128)$145Thermal Resistivity of Soils (remolded sample) (IEEE 422) $1,285 Triaxial Shear Consolidated – Undrained (ASTM D4767)Triaxial Shear Unconsolidated – Undrained (ASTM D2850) Triaxial Staged Consolidated – Undrained (ASTM D4767) Triaxial Staged Unconsolidated – Undrained (ASTM D2850)Unconfined Compression (ASTM D2166)$200 Unit Weight Aggregate (Cal 212, ASTM C29)$100 Asphalt ConcreteAsphalt Core Specific Gravity (Cal 308, ASTM D2726)$85 Asphalt Core Specific Gravity Waxed (Cal 308, ASTM D1188)$105Emulsion Content (CTM 382)$220 Film Stripping (Cal 302)Gyratory Compacted Maximum Specific Gravity (AASHTO T312)$430 Hamburg Wheel Plant Produced HMA (AASHTO T324/Caltrans Section 39)$1,105 Hveem Maximum Bulk Specific Gravity (Cal 308)$370Hveem & Stabilometer Value (Cal 366)$490 Ignition Oven Correction Factor (AASHTO T308)$310Ignition Oven Degradation Factor (AASHTO T308)$310Marshall Density Stability & Flow (ASTM D6927)$490 Marshall Density (ASTM D6926)$370Moisture Content of Asphalt Mixtures Using Microwave (Cal 370)$65 Moisture Vapor Susceptibility (Cal 307)Optimum Bitumen Content (AASHTO R35/Cal 367) $3,750Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307)$220 Residue by Evaporation (Cal 331)$220Rice Maximum Theoretical Specific Gravity AC (Cal 309, ASTM D2041)$165 Sieve Analysis Extracted Aggregate (Cal 382, ASTM D5444)$115Stability and Flow (ASTM D1559)$430Stabilometer Value (Cal 366)$430 Tensile Strength Ratio Plant Produced HMA (AASHTO T283)$1,105Wet Track Abrasion (ASTM D3910)$230 Concrete2X2 Cube Compression $35Chloride Ion Testing (ASTM C1218)$270 Concrete Core Compression (ASTM C42)$75Concrete Cylinder Compression (Cal 521, ASTM C39)$35 Flex Beam Modulus of Rupture (Cal 523, ASTM C78)$95 Modulus of Elasticity (Cal 522, ASTM C469)$320Shotcrete Mockup Panel (ASTM C1140) $1,275 Shotcrete Panel, 3 Cores Compression (CBC)$360Shrinkage Hardened Concrete (ASTM C157 Modified)$455 Split Tensile Concrete Cylinder (ASTM C496)$95 Time of Set (ASTM C403)$245Trial Batch Fabrication (ASTM C192)$375 Unit Weight Hardened Concrete (ASTM C642)$70Unit Weight Lightweight Concrete (ASTM C567)$90 MasonryAbsorption Block (ASTM C140) $145Compression Adobe $195 Compression Block Standard (ASTM C140)$185Compression Brick (ASTM C67)$145Efflorescence Block $215 Quote Quote QuoteQuote Quote Quote CITY OF CARLSBAD - PUBLIC WORKS MASTER AGREEMENT CONSULTANT SERVICES: RFQ25-3671CMI - CATEGORY 3 FEE SCHEDULE 3 PSA25-3814CMI; Exhibit "A" (cont.) Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 337 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2 Masonry ContinuedEfflorescence Brick (ASTM C67)$215Grout Prism Compression (ASTM C1019)$35 Masonry Core Compression (ASTM C42)$65Masonry Core Shear (CBC 2105A.4)$120 Masonry Prism Compression (ASTM E447)$185 Modulus of Elasticity (Masonry Prism) $310Mortar Bond Strength Pull Test (ASTM C482)$80 Mortar Cylinder Compression $35Mortar Shear Strength (ANSI 118)$125 Relative Mortar Strength (Cal 515) $1,045 Shrinkage Masonry Block (ASTM C426)$310Trial Grout Prisms (ASTM C942)$50 Water Retention and Air Content (ASTM C270)$675 MetalBolt Assembly Hardness Test $95 Bolt Assembly Tensile & Proof Load Test $155Chemical Analysis $235 Modulus of Elasticity (Steel)$320Post-Tension Tendon Tensile Testing $230Tensile Strength & Bend Test Structural Steel (ASTM A370)$235 Tensile Strength & Bend Test Reinforcing Steel (ASTM A615/A706)$155Tensile Strength #14 to #18 Bar (ASTM A615) Tensile Strength Mechanical Splices #9 and Smaller (Cal 670)Tensile Strength Mechanical Splices #10 to #14 (Cal 670)Tensile Strength Mechanical Splices #18 (Cal 670) MiscellaneousFireproofing Density Test (ASTM E605) $100 Fiber Reinforced Polymer Tensile (ASTM D3039)$705Material Preparation $105SFRM Adhesion/Cohesion Kit $55 Relative Humidity Test (ASTM F2170) $100/kitConcrete Vapor Emission Kits (ASTM F1869) $90/kit Miscellaneous Charges Default Expense VariousVarious Quote QuoteQuoteQuote CITY OF CARLSBAD - PUBLIC WORKS MASTER AGREEMENT CONSULTANT SERVICES: RFQ25-3671CMI - CATEGORY 3 FEE SCHEDULE 4 PSA25-3814CMI; Exhibit "A" (cont.) Docusign Envelope ID: 5F64D9C2-A94A-4083-96A0-7F0A1BEB52FC June 24, 2025 Item #6 Page 338 of 1064 Docusign Envelope ID: 80BEFA31-391D-4BB6-A11B-15AE05F10CD2