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HomeMy WebLinkAboutItem 17 - Agreements for On-Call Material Testing and Special Inspection ServicesPublic Works Agency www.santa-ana.org/public-works Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Agreements for On -Call Material Testing and Special Inspection Services AGENDA TITLE Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for On -Call Material Testing and Special Inspection Services (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On -Call Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On - Call Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Under the City's Capital Improvement Program, a number of construction projects will take place over the next several years. These projects include street paving, traffic signals, underground utilities, buildings, bridges, and park facility improvements. The total value of construction is currently estimated to exceed $100 million. In order to maintain high quality construction, the City intends to retain testing and inspection firms to provide quality assurance services for these projects. The Public Works Agency released Request for Proposals (RFP) No. 20-111, by which it sought the services of a professional engineering firm to provide on -call materials testing and special inspection on an "on -call" basis for the City's Public Works Agency. The RFP was advertised on the City's online procurement management and publication system. Seventeen proposals were received and evaluated by a selection committee Approve Agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. April 18, 2023 Page 2 comprised of the Public Works Agency Engineering staff. Based on the criteria outlined in the RFP, the follo ing consists of top scoring firms and their rankings: Rank Firm City 1 AESCO, Inc. Huntington Beach, CA 2 Kleinfelder, Inc. Laguna Hills, CA 3 RMA Group, Inc. Carson, CA Approval of the Recommended Action No. 1 will authorize the federal set of consultant agreements for future task orders authorized for grant -funded projects that require adherence to Caltrans Architecture and Engineering requirements. Once identified on an as -needed basis, task orders will be issued under the Caltrans version of the On -Call agreement (Exhibits 1-3). Approval of Recommended Action No. 2 will authorize the first amendment to increase the shared total aggregate amount of the standard agreement (Exhibits 4-6), which was previously approved by City Council on July 6, 2021. City Council previously authorized this agreement, and staff is proposing to add funds for continued services necessitated under this standard version of the contract. The recommendation to award contracts was delayed until the City received authorization and clarity from Caltrans regarding federal requirements. Those matters have been resolved and the top rated firms have agreed to honor their proposals. The selected entities provide material testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting, and other quality assurance services when required. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing any of these on -call services, Public Works Agency staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $950,000 for any federally funded projects, and under the shared aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. Funds will be budgeted and available for expenditure for the remaining fiscal year, and carried forward for consideration in future fiscal years within the Agreement terms in the following, and various other, Public Works Contract Services -Professional Accounts: Division Account City Facilities License Agreement 01117605-62300 Traffic and Transportation Engineering 01117620-62300 Approve Agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. April 18, 2023 Page 3 Traffic Signal Maintenance 02917620-62300 Sanitary Sewer Enterprise 05417617-62300 Sanitary Sewer Enterprise 05517660-62300 Sanitary Sewer Enterprise 05617640-62300 Fed Clean Water Protection 05717640-62300 Residential Street Improvement 05817660-62300 Water Enterprise 06017645-62300 Water Enterprise 06617647-62300 Construction Engineering 08617611-62300 Design Engineering 08617612-62300 Traffic Engineering 08617620-62300 Administrative Services 10117601-62300 Development Engineering 10117605-62300 CIP Project Funding Various Street Lights Maintenance 01117630-62300 Roadway Marking/Signs 01117625-62300 Graffiti Abatement Program 01117642-62300 Street Trees 01117643-62300 Sidewalks 01117626-62300 Environment/Sanitation 06817640-62300 Roadway Cleaning 06817641-62300 Median Landscaping 02917635-62300 Roadway Maintenance 02917660-62300 EXHIBIT(S) 1. Agreement with AESCO, Inc. for On -Call Material Testing and Special Inspection Services - Caltrans Version 2. Agreement with Kleinfelder, Inc. for On -Call Material Testing and Special Inspection Services - Caltrans Version 3. Agreement with RMA Group, Inc. for On -Call Material Testing and Special Inspection Services - Caltrans Version 4. Amendment with AESCO, Inc. for On -Call Material Testing and Special Inspection Services 5. Amendment with Kleinfelder, Inc. for On -Call Material Testing and Special Inspection Services 6. Amendment with RMA Group, Inc. for On -Call Material Testing and Special Inspection Services Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 AGREEMENT WITH AESCO TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS AGREEMENT is made and entered into this 18th day of April, 2023 by and between AESCO, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 2, 2020 the City issued a Request for Proposal ("RFP") No. 20-111, by which it sought qualified consultants to provide on -call material testing and special inspection services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 20-111. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 20-111, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 20-111 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 20-111. The total compensation for services provided by all consultants selected under RFP 21-105 Page 1 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. C. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. Page 2 j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). r. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by Page 3 Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on April 18, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on July 5, 2024, unless terminated earlier in accordance with Section 21, below. The term of this Agreement may be extended for up to two (2), one (1) year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Page 4 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 5 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, Page 6 or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Page 7 (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 8 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Page 9 information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. C. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Page 10 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Adam Chamaa, PE, GE Vice President AESCO, Inc. 17782 Georgetown Lane Huntington Beach, CA 92647 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation Page 11 to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Page 12 20. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 11102. Page 13 b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national origin. In administering the City components of the Disadvantaged Business Page 14 Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and Page 15 the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Page 16 • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or Page 17 determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: `-Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager AESCO, INC. By: Kay Alabed Title: President Page 19 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TESTING AND SPECIAL INSPECTION SERVICES RFP NO.20-111 INTRODUCTION/BACKGROUND Under the City of Santa's Capital Improvement Program, a number of construction projects will take place in the next few years. These projects include street pavement, traffic signals, underground utilities, buildings, bridges and park facility improvements. The total value of construction is estimated to exceed $100 million. In order to maintain high quality of construction, the City intends to retain testing and inspection firms to provide quality assurance services for those projects. The selected firms are expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this RFP is to solicit proposals from quality control consulting firms for the required services. The selected consultant is expected to enter into an agreement with the City to provide services on an as -needed basis. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies, presentations, and/or reports will be subject to the final approval and satisfaction of the City. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. The City desires to enter into Agreements with multiple top-ranking firms for an initial three (3)- year term, with a City option to exercise one (1), two (2)-year extension period. The annual amount to be expended under the Agreement will vary at the City's discretion and will be dependent on available funding. City of Santa Ana RFP 20-111 Page Al-1 A. SCOPE OF SERVICES The required services shall include, but not be limited to, the following: ♦ Provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. ♦ Provide inspections for installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents. Submit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the City's Planning and Building Agency prior to start inspection. ♦ Perform tests on various construction materials as required by the City. Available tests may include the following: o Mix Designs o Concrete o Concrete Blocks o Brick Masonry o Masonry Prisms o Mortar and Grout o Fireproofing o Soils and Aggregates o Asphalt Concrete o Reinforcing Steel o Environmental ♦ Inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and fall protection. ♦ Recommend testing method on defective work and advise the City of acceptance standards. ♦ Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. ♦ Provide other quality control services as requested by the City. ♦ Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Book" and "CBC" requirements and to other concerned parties within a week after the work is performed. City of Santa Ana RFP 20-111 Page Al-2 ♦ Submit a final report to the City within five working days upon completion of each project. B. SPECIAL REQUIREMENTS Since some of the city projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' construction manual and the following: Certificate of Personnel ♦ The personnel who will conduct the sampling and testing must be certified. They can be certified by Caltrans' District Materials Engineer, by the National Institute Certification of Engineering Technologies, or by other authority acceptable by the Construction Engineer of the City to be proficient in accepting sampling and testing. ♦ A copy of each person's certificate must be on file in the office of the Construction Engineer. The certificate shall list the type of work which the individual is authorized to perform. ♦ The testing laboratory must be under the supervision of a registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel under his/her supervision. ♦ The selected firm must maintain the laboratory testing equipment in accordance with recognized national standards. ♦ The selected firm must have an independent assurance testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organization. ♦ Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of the following testing programs: ♦ AASHTO Materials Reference Laboratory (ARML) ♦ Cement and Concrete Reference Laboratory (CCRL) ♦ Caltrans' Reference Samples Program (RSP) Acceptance Testing and Sampling ♦ The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the work is completed. City of Santa Ana RFP 20-111 Page Al-3 Reporting Test Results ♦ When aggregate sample is taken in the material source, the testing firm shall submit to the Resident Engineer results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soils and aggregate samples are taken at the job site, results of these tests should be submitted within 72 hours. ♦ Results of compaction and density tests taken at the job site should be submitted within 24 hours. ♦ When samples of soils and asphalt concrete are taken at the job site, R-value and result of asphalt extraction test should be submitted within 96 hours. Independent Assurance Sampling and Testing The selected firm shall establish and maintain an Independent Sampling and Testing (ISAT) program: ♦ To verify that the project sampling and testing are performed correctly by the testers and samplers. ♦ To ensure the equipment is properly calibrated. ♦ To provide the City with a copy of the program to ensure that the program is carried out. ♦ To provide the Resident Engineer with a report indicating actions to be taken by the selected testing firm when discrepancies are found between ISAT and acceptance tests (AT). C. CITY RESPONSIBILITIES ♦ Furnish construction plans and specifications to the consultant. ♦ Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. D. SPECIAL REQUIREMENTS (ATTACHMENT 4) ♦ This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: LAPM Exhibit 10-H: Sample Cost Proposal City of Santa Ana RFP 20-111 Page Al-4 • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https://dot.ca.gov/-/media/dot-media/programs/local- assistance/documents/lapm/ch 1 O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (112 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 20-111 Page Al-5 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) AESCO Orange County 17782 Georgetown Lane Huntington Beach, California 92647 Tele: (714)375-3830 Fax: (714)375-3831 San Bernardino County 14163 Arrow Boulevard Fontana, California 92335 Tele: (909) 284-9200 Fax: (909)284-9201 REQUEST FOR PROPOSALS MATERIAL TESTING AND SPECIAL INSPECTION SERVICES RFP NO.20-111 AESCO Proposal No. P6513 Attention: Mr. Sean Thomas Project Manager AESCO 17782 Georgetown Lane Huntington Beach, California 92647 Tele: (714) 375-3830 Fax: (714) 375-3831 September 30, 2020 Construction Material Testing/Inspection ♦ Environmental ♦ Geotechnical Engineering Services ,. Orange County San Bernardino County 17782 Georgetown Lane 14163 Arrow Boulevard Huntington Beach, California 92647 Fontana, California 92335 Tele: (714) 375-3830 Tele: (909) 284-9200 AESC0 Fax: (714) 375-3831 Fax: (909) 284-9201 September 30, 2020 Mr. Sean Thomas, Project Manager City of Santa Ana Public Works Department 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Subject: Request for Proposals Material Testing and Special Inspection Services RFP NO.20-11 AESCO Proposal No. P6513 Dear Mr. Thomas: AESCO is pleased to present this response to the Request for Proposal to provide on -call material testing and special inspection services for the above -referenced project. AESCO is located at 17782 Georgetown Lane, Huntington Beach, CA 92647; 714-375-3830; 714-375-3831 (fax); email:adam.chamaa@aescotech.com; and website: www.aescotech.com. AESCO is a woman -owned corporation (incorporated in California) and has been in operation since 1993, a total of 27 years. Ms. Kay Alabed is the President of AESCO and Mr. Adam Chamaa, PE, GE is the Vice -President. Either person is authorized to make commitments on behalf of AESCO. • AESCO is SBE, DBE/UDBE, WBE, and CBE certified. • Laboratory is DSA, Caltrans and City of Los Angeles certified. • Member of the Independent Assurance Program with Caltrans, CCRL, and AMRL. • Clients include OCTA, the County of Orange, CalTrans, MTA; the Cities of Huntington Beach, Santa Ana, Villa Park, Moreno Valley, Lynwood, Lakewood, Buena Park, and Riverside. • AESCO currently holds the on -call contract for the City of Santa Ana Capital Improvement Projects. Scope of Work The scope of work consists of providing quality assurance services for street pavement, traffic signal, underground utility, building, bridges, and park projects in the next few years. Testing and inspections for construction activities will include, but not be limited to, grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and other quality assurance services for the Capital Improvement Program. Inspections and testing will be provided for the installation of precast and cast in -place concrete, welding, high strength Construction Material Testing/Inspection ♦ Environmental ♦ Geotechnical Engineering Services bolts, structural steel, masonry and other types of work in accordance with the California Building Code (CBC) and the contract documents. AESCO currently has 35 employees, with 4 registered engineers and geologists and we are a member of Union Local 12 and can obtain additional inspectors as needed. All materials testing and special inspections, observation services, and geotechnical engineering will be provided under the technical direction of a full-time registered professional engineer with a minimum of thirty-five years' experience in geotechnical engineering and construction materials testing and deputy inspection. Diaz and Yourman Associates (DYA) will be a sub -consultant to AESCO and meet the requirements of the DBE program. AESCO will respond within 24-hours upon request by the Department. All testing will be performed in AESCO's Caltrans, ARML, CCRL, City of Los Angeles, and DSA approved laboratory and all work will be in compliance with applicable governing local, State and Federal agencies and laws. AESCO has used cloud computing and ShareFile� other forms of technology to streamline client communication, improve the documentation process and provide technicians an efficient way to record results. Allowing, clients and team members the ability to verify and track the status of our field, shop and lab work. This method has improved project tracking, collaborating on solutions and ensuring the project is inspected in accordance with the contract documents and intent of the design professionals. This proposal is signed by Mr. Adam Chamaa, P.E., G.E. who is authorized to bind AESCO. If you need further assistance regarding this matter, please give feel free to call either myself or Ms. Debra Perez. We look forward to hearing from you. Very truly yours, AESCO, Inc. Adam Chamaa, MSCE, P.E., G.E. Debra Perez Engineering Manager Project Manager Kay Alabed President Construction Material Testing/Inspection ♦ Environmental ♦ Geotechnical Engineering Services AESCO AESCO Proposal No. P6513 Statement of Qualifications Statement of Qualifications Table of Contents SectionA Cover Letter......................................................................................................... Section B Contract Agreement Statement..........................................................................2 Section C Firm and Team Experience................................................................................2 Section D Understanding of Need......................................................................................9 Section E Relevant Project Experience............................................................................12 Section F References........................................................................................................20 Appendix A Resumes Appendix B Forms Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services "'` a C 2 d i ot 9 4 m e z i c a www.AescoTech.com z a m 7 4 e Cf 1 a a t d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications Section B: Contract Agreement Statement AESCO has reviewed the City of Santa Ana Sample Consultant Agreement and we accept all of the provisions as contained within the Agreement in Attachment 2 of the Appendix. Section C: Firm and Team Experience AESCO is a woman -owned corporation (incorporated in California) and has been in operation since 1993. AESCO is headquartered at 17782 Georgetown Lane, Huntington Beach, California 92647 and we currently have thirty-five employees. We also have a second office in Fontana, California. Mr. Adam Chamaa, P.E., G.E. will be the single point of contact for this proposal and he can be reached at 714-375-3830 or emailed at Adam.ChamaagAescotech.com. AESCO is SBE, DBE/UDBE, WBE, and CBE certified. AESCO's laboratory is certified by DSA, Caltrans and City of Los Angeles. AESCO has been involved in a number of projects involving QA/QC construction materials testing and inspection and geotechnical engineering for various clients including the Cities of Los Angeles, Costa Mesa, Inglewood, Long Beach, Diamond Bar, Lakewood, Huntington Beach, Lynwood, Riverside, Buena Park, Irvine, Santa Ana; the Los Angeles Unified School District; Alhambra School District; SANBAG; Caltrans; Los Angeles Metropolitan Transit Authority (MTA); and the Orange County Transportation Authority (OCTA). AESCO currently holds the on -call contract for testing and inspection services for the City of Santa Ana Capital Improvement Projects. AESCO has NEVER had any OSHA citations. AESCO has never had any outstanding or pending complaints through the Better Business Bureau, State of California Department of Consumer Affairs. Sub -Consultants Diaz•Yourman & Associates (DYA) is a privately held geotechnical consulting services corporation, founded in December 1992. DYA has grown in size, capacity, and breadth of services to 23 employees, including 17 engineers, the majority of whom have advanced degrees in geotechnical engineering. Our engineers are supported by a staff of technicians, word processors, and drafters (ArcGIS, AutoCAD and MicroStation), and an extensive technical library. Our corporate office is located at 1616 East 17th Street, Santa Ana, California 92705; telephone number (714) 245-2920, fax number (714) 245-2950. We have been recognized by our peers for technical excellence and innovative solutions to liquefaction mitigation. This includes 10 Outstanding Project Awards from our peers at Ca1Geo: LAX Terminal 1 Modernization (2018), LAX Central Utility Plant Replacement (Design/Build) (2016), Anaheim Regional Transportation Intermodal Center (2015), LAX Tom Bradley International Terminal (2013), Port of Los Angeles Cabrillo Way Marina Development (2010), Port of Long Beach Joint Command and Control Center (2007), Port of Long Beach Pier T Container Terminal (2004), Port of Los Angeles Pier 400 Buildings (2003), Henry Ford Avenue Grade Separation (2001), and Port of Los Angeles Pier 300 Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 11 Page F a l 2 d i rz 9 4 m e z i c a www.AescoTech.com 57z a m I l e Cf z a a a d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications Container Terminal (1997). In addition, DYA provided geotechnical services on projects for which the entire project received awards, such as the Orange County Groundwater Replenishment project, which won 2009 local, state, and national awards from the American Society of Civil Engineers (ASCE) and the American Council of Engineering Companies (ACEC); the SR-22 Design/Build Widening, La Canada Flintridge Inverness Drive Slope Repair, Orange County Transportation Management Center, Balboa Phase I Improvements, and the Alameda Corridor. DYA is a certified Race Conscious Minority Business Enterprise and Disadvantaged Business Enterprise (MBE/DBE) under the California Unified Certification Program (CUCP). q'FR VTr1F'q Construction Materials Testing and Inspection Services AESCO operates a construction materials engineering (CME) laboratory in Huntington Beach, California, and is capable of performing in-house or on -site testing and inspection services. Our laboratory produces thousands of reports annually involving concrete, aggregates, soils in -place, and bituminous materials. AESCO also regularly tests and inspects brick, granite, stone masonry, mortar, reinforcing steel, and manufactured elements such as pre -stressed beams and pre -cast panels. Engineering consultation and inspection services are available for each phase of construction including: • Aggregate Evaluation • Concrete Mixtures -Design, Inspection, and Testing • Bituminous Materials Testing • Up to 600,000-pound universal test machines • Charpy V Notch test apparatus • Rockwell hardness testing machines • Refractory Testing • Concrete Masonry Block • Roof Inspection and Testing • Soils Compaction and Stabilization Tests and Inspection • Structural Steel Fabrication and Erection Inspection and Testing • Qualification of Welders and Procedures • Welding Inspection • Rebar Inspection and Testing • NDT Testing and Inspection Mobile Laboratory AESCO operates a fully functioning, self-sufficient mobile laboratory which can provide immediate and reliable test results for any project. The mobile laboratory can perform on - site testing for rapid strength concrete, maximum density -optimum moisture tests for rapid compaction testing results, sieve analysis, Atterberg Limits, Sand Equivalent tests, aggregate Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 21 Page Val 2 d i rz 9 4 m e z i c a www.AescoTech.com 57z a m I l e Cf z a a a d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications testing, asphalt, etc. Our laboratory is Caltrans certified. The mobile laboratory has a compression testing machine for concrete, ovens, equipment to fabricate test specimens, curing containers, water tanks and pumps, and portable generators. Geotechnical Engineering Capabilities AESCO's geotechnical investigations have included: foundation and pavement design, settlement problems, compaction monitoring and testing, shallow and deepened foundations, pressure injected footings, earth retaining structures, landslide analysis and control, expansive/collapsing soils, underpinning and special foundations, construction dewatering and drainage, pipelines and utilities, liquefaction analyses, and fault evaluation. Laboratory testing is performed using ASTM, AASHTO, and other applicable specifications and guidelines. Environmental Engineering Capabilities AESCO can provide a full range of Environmental Engineering services that are vertically integrated to deliver a complete "turnkey" package including: Phase I -Initial Environmental Site Assessment (ESA), the Phase II -Investigation, Phase III-Remediation and Mitigation Design, and Final Close Out Report. In addition, AESCO provides a range of Regulatory Compliance services. AESCO also provides regulatory compliance and guidance associated with UST programs, potable water systems and methane and soil -vapor monitoring. Proposed Staffinu AESCO's staff includes 4 registered Engineers and Engineering Geologists licensed in the State of California. As AESCO is located within Orange County, we have extensive experience in the area and have worked for various cities and jurisdictions including: the Cities of Santa Ana, Irvine, Huntington Beach, Villa Park, Buena Park, Anaheim, Caltrans and Orange County Transportation Authority. Resumes of AESCO's project team are included within the Appendix. A brief overview of key personnel is presented below. PERSONNEL SUMMARY Name Years of Experience Education/Credentials Adam Chamaa 35+ B.S. Civil Engineering Engineering M.S. Civil Engineering Manager Licensed California Engineer (P.E.) Licensed California Geotechnical Engineer (G.E.) Nuclear Density Machine Operator Russell J. Scharlin 40+ B.S. Civil Engineering Geotechnical M.S. Civil Engineering Engineer Licensed California Engineer (P.E.) Licensed California Geotechnical Engineer G.E. Andrew Stone, 30+ B.S. Geology Engineering Certified Geologist C.G. Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 31 Page F a l 2 d i rz 9 4 m e z i c a www.AescoTech.com 57z a m % 4 e Cf z a a a d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications Name Years of Experience Education/Credentials Geologist Certified Engineering Geologist (C.E.G.) Debra Perez 40+ B.S. Renewable Natural Resources Project Manager Nuclear Density Machine Operator David J. Ryan, P.E. 40+ B.S. Civil Engineering Senior Engineer Licensed California Engineer, P.E. C.E. No. C49661 Kay Alabed, 27 B.S., Dental Medicine Project Coordinator Omar Chamaa 15 B.S., Civil Engineering Field and Quality E.I.T. Certificate No. 135299 Control Engineer Hazardous Materials 40-hour Training ICC Certified Reinforced Concrete Caltrans Certificate of Proficiency for: Calculations Pertaining to Gradings & SpG, Sampling Highway Materials & Products, Soil & Aggregate Sample Preparation, Sieve Analysis of Fine & Coarse Aggregates, Sand Equivalent, Air Content, Freshly Mixed Concrete, Pressure, Density of Fresh Concrete, Flexural Strength of PCC, Ball Penetration in Fresh Portland Cement Concrete, Sampling Freshly Mixed Concrete, PCC Cylinder Fabrication, Air Content of Freshly Mixed Concrete -Volumetric Method, Slump of Fresh Portland Cement Concrete, Temperature of Freshly Mixed Portland Cement Concrete City of Newport Beach Deputy Inspector City of Garden Grove Deputy Inspector City of Long Beach Deputy Inspector City of Riverside Deputy Inspector Radiation Safety and Use of Nuclear Gage ACI Concrete Field Testing Technician TWIC Steve Crumb 11 B.S. Civil Engineering (in progress) Laboratory Manager California State University, Long Beach Civil Engineering Cerritos College ACI: Concrete Laboratory Testing Concrete Field Testing Concrete Strength Caltrans Calculations Grading Agg. Sampling Sample Prep. Soil and Agg. Sieve Analysis Percent Crushed Particles Relative Compaction Sand Equivalent Moisture Content Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services www.AescoTech.com 41 Page Vaiedeozq 4meozeca 7zam The Cfzaatd VA AESCO AESCO Proposal No. P6513 Statement of Qualifications Name Years of Experience Education/Credentials Cleanness Durability Compressive Strength Flexural Strength Flexural Strength-PCC Sampling Fresh Concrete AASHTO: Sieve Analysis -Fine Sieve Analysis -Coarse and Fine Reducing Samples of HMA Reducing Samples of Agg. Sand Equivalent Evaporable Moisture Content Moisture Content-HMA Percent Tariq Abdullah 15 B.S., Geology Senior Laboratory Caltrans Certificate of Proficiency for: Technician Calculations for Gradings & SpG, Soil & Aggregate Prep., Sieve Analysis of Fine & coarse Aggregates, Percentage of Crushed Particles, Specific Gravity & Absorption of Fine and coarse Aggregate Sand Equivalent, Moisture content, Cleanness of Coarse Aggregate, Durability Index, R-Value Soils and Bases, Preparation of Bituminous Mixtures for Testing, Bulk Secific Gravity & Deniity of Bituminous Mixtures, Theoretic Max Specific Gravity & Density of Bituminous Paving Mixtures, Stabilometer Value, Moisture Content using Microwave, Asphalt Content of Bituminous Mixes, Ignition Method NICET Level II for: Asphalt, Concrete, Soil Radiation Safety and Use of Nuclear Gage Christopher J. Sobek 17 Coastline Community College, Orange Coast Inspector College, Orange County Inspection Certificate: Building Inspection, Concrete/Masonry Blueprint Reading, Wood/Steel Framing, Fire & Life Safety, Welding Technology, Electrical, Plumbing, Coastline Community College, Orange Coast College, Orange County ICBO/ICC-Reinforced Concrete, Prestress Concrete, Structural Steel/Welding, Structural Mas, Fireproofing, Building Inspection and Plumbing ACI Laboratory Testing -Grade I and Grade II, Transportation Radiation Safety and Use of Nuclear Gage Competent Person Training Post -Tensioning Institute in Unbonded Tendons Asphalt Institute in Mix Design Technology DSA Class I OSHPD Class A Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services www.AescoTech.com 51 Page Faiedeozq 4meozeca 7zam The Cfzaa td %(A AESCO AESCO Proposal No. P6513 Statement of Qualifications Name Years of Experience Education/Credentials AWS-CWI NICET Level II Highway Construction Materials 30-hour Hazardous Waste Giovanni Michael 11 Caltrans Certificate of Proficiency for: Air Inspector Content, Freshly Mixed Concrete, Pressure, Density of Fresh Concrete, Flexural Strength of PCC (Fabrication only), Ball Penetration in Fresh Portland Cement Concrete, Sampling Freshly Mixed Concrete, PCC Cylinder Fabrication, Slump of Fresh Portland Cement Concrete, Temperature of Freshly Mixed Portland Cement Concrete County of Los Angeles Certified Inspector Note: Certificates are available upon request. SUBCONSULTANTS years of Name Education/Credentials Ex erience DIAZ YOURMAN AND ASSOCIATES Somadevan 20 B.S. Civil Engineering Niranjanan, P.E., M.S. Civil Engineering G.E., Geotechnical Licensed Professional Engineer (P.E.) Manager Licensed Geotechnical Engineer (G.E.) Jorge Sandoval 30+ B.S. Civil Engineering Geotechnical M.S. Soil Mechanics Engineer Licensed Professional Engineer (P.E.) Licensed Geotechnical Engineer G.E. Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services www.AescoTech.com 61 Page Vaiedeozq 4meozeca 7zam %he Cfzaatd VA AESCO AESCO Proposal No. P6513 Statement of Qualifications Request for Proposals Material Testing and Special Inspection Services RFP NO.20-11 AESCO Proposal No. P6513 Engineering Manager Adam Chamaa, P.E., G.E. (AESCO) QA/QC Manager Russell Scharlin, P.E., G.E. (AESCO) Project Engineer Materials Testing David Ryan, P.E. (AESCO) and Inspection (AESCO) Geotechnical Engineers (Diaz Yourman) Somadevan Niranjanan, P.E., G.E. Omar Chamaa Jorge Sandoval, P.E., G.E. Giovanni Michael Christopher J. Sobek Project Manager Debra Perez (AESCO) Soil and Materials Laboratory Engineering Geologist Manager Andrew Stone, C.G., C.E.G. (AESCO) Steve Crumb (AESCO) Project Coordinator Kay Alabed (AESCO) Senior Laboratory Technician Tariq Abdullah (AESCO) Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 71 Page F a l e d e rz 9 4 m e a e c a www.AescoTech.com 7 z a m % l e Cf z a a a d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications AESCO Resource Allocation Matrix Percentage Job Title Task Availability Engineering Manager/Geotechnical Project Coordination meetings and 45-55 Engineer scheduling/Geotechnical Engineering Quality Control Manager Reviews all reports and test reports for 85-90 accuracy and completeness Project Manager Report preparation and submittals 40-50 Field Engineer Site inspection and technical reviews 100 Senior Inspector Laboratory testing and field inspection 100 Diaz Yourman and Associates Percentage Job Title Task Availability Geotechnical Engineer Review laboratory tests, inspection 55-70 reports and RFI/submittals Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services www.AescoTech.com 81 Page Vaiedeozq 4meozeca 7zam The 571aa td VA AESCO AESCO Proposal No. P6513 Statement of Qualifications Section D: Understanding of Need Project Understanding The project consists of providing quality assurance services for street pavement, traffic signal, underground utility, building, bridges, and park projects in the next few years. Testing and inspections for construction activities will include, but not be limited to, grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and other quality assurance services. Inspections and testing will be provided for the installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry and other types of work in accordance with the California Building Code (CBC) and the contract documents. Field reports will be submitted daily to the City's Public Works Agency and the Planning and Building Agency and to other concerned parties and a final report will be provided within five days after work is completed. All deputy inspectors will be registered with the City's Planning and Building Agency prior to the start of inspections. Available tests may include the following: mix designs, concrete, concrete blocks, brick masonry, masonry prisms, mortar and grout, fireproofing, soils and aggregates, asphalt concrete, reinforcing steel, and environmental. Inspectors will be certified for confined space and fall protection. AESCO will recommend testing methods on defective work and advise the City of acceptance standards. Source inspection for concrete and asphalt concrete at mixing plants and other materials at their source will be provided in accordance with project specifications. All testing will comply with the City's QAP and conducted under the supervision of a registered engineer (P.E.) who will certify all test results. All personnel and laboratory personnel will possess applicable certifications; understanding and extensive experience with FEMA, AASHTO, ASTM, Caltrans, and local guidelines; laboratory and staff shall maintain current Caltrans accreditation; and contracted laboratories will maintain same licensing as primary consultant. AESCO will comply with all requirements of Caltrans Construction Manual including certification of personnel and is a part of an independent assurance testing and sampling program and correlation testing program through ARML, CCRL, AASHTO, and Caltrans RSP. Aggregate samples obtained at the material source shall be tested for sand equivalent, cleanness value and sieve analysis within 24 hours. Test results for soil and aggregate samples obtained at the job site are to be reported within 72 hours. Test results for compaction and density tests are to be reported within 24 hours. Test results for soils and asphalt obtained at the job site (R-Value, asphalt extraction, etc.) are to be reported within 96 hours. Methodology for Materials Testing and Inspection AESCO's method of operation is the following: • Prior to the start of any project AESCO will become familiar with the contract documents, project plans, technical specification, existing site(s) and conditions, and other pertinent project documents. • Prior to the start of any project AESCO will meet with the CITY to review staffing, project needs, coordinate inspections and testing, review budget controls, and will also attend the pre -construction meeting(s) if requested. • AESCO provides a 24-hour live answering service and one of our Project Engineers Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 91 Page Val 2 d i rz 9 4 m e z i c a www.AescoTech.com 57z a m I l e Cf z a a a d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications is always available to answer any technical or scheduling issues. Technicians shall be available upon 24-hour notice and for occasional night work. • AESCO digitally controls all assigned tasks to our technicians and each unit of service is closely watched by our project manager. AESCO does not exceed the assigned budget for its services prior to authorization by the CITY. • The inspector (or inspectors) then arrives at the site to perform the required testing and inspections. The technician will arrive at the site with the correct equipment, calibrated to existing standards with documentation. Equipment calibration shall be performed prior to the start of work and costs are included in the total hourly rate for field services. All samples will be transported from the project site to the laboratory for testing as required. • All breaks and laboratory testing is scheduled through our electronic dispatch system where notification is atomically issued to the laboratory manager to perform specific tests, such as; breaks of concrete cylinders at a schedule of 7-day, 14-day and 28-day breaks; beam breaks; masonry block breaks; prism breaks; etc. • Daily field reports and test results are created digitally in a standard report format and emailed within 24 hours of completion of the test or inspection to the CITY. Field testing/compaction results of subgrade or asphalt concrete shall be communicated to CITY personnel as soon as the tests have been completed, on same day of testing, with hard copy to follow. • Any test or inspection deficiencies, such as; failing compaction, concrete not reaching the required strength, concrete with high slump, cleanness of rebar, cleanness of footings, etc., will be discussed immediately with the CITY. Our professionals will provide practical solutions to critical issues encountered in the field, considering both cost and technical implications. • A final certification report of all inspection services performed summarizing test results and raw data will be submitted for review following completion of construction which will summarize all failed and passing tests. The report will include the tests performed, where the test was performed or the sample was taken, testing dates at time, and test standard used, the approximately quantity of material represented by the test, will clearly identify a pass or fail result, and will summarize findings, conclusions, results and recommendations. The report will be signed by a California Licensed Professional Engineer/Geotechnical Engineer. All laboratory reports and inspection reports are supervised, reviewed and signed by a California Licensed Professional Engineer/Geotechnical Engineer. • AESCO will comply with OSHA requirements Safety Standards. • All technicians are adequately insured for liability and property damage, and a copy of the policy will be forwarded to the CITY upon request. Vehicles bear the firm's name. • All inspectors are required to communicate on a daily basis with our Quality Control Manager who ensures that all work is being performed in accordance with the Quality Control Manual. • AESCO has been successful in consistently completing its projects within the assigned budget and schedule. We thoroughly evaluate our task and scope of work and build an efficient budget for our work. Therefore, we seldom exceed the budget Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 101 Page b a C 2 d i a 9 4 m e z i c a www.AescoTech.com 57z a m I l e Cf z a a a d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications or schedule. AESCO has a practice of obtaining advance approval from clients prior to initiating any work which will add costs to the originally approved budget. AESCO's commitment to quality assurance extends to field and laboratory staff that is certified in various technical disciplines by multiple agencies such as City of Los Angeles, Caltrans, ACI, NICET, and ICC. Field technicians and inspectors provide detailed documentation of construction operations and specification compliance. AESCO's accredited materials testing laboratory and collection of resourceful field equipment enable our professionals to efficiently determine precise methods for qualifying construction materials. Special Inspection and Materials Testing Philosophy and Process AESCO maintains a strict Quality Control Program (QCP). AESCO is a member of, and certified by several independent certification agencies, such as DSA, AMRL, CCRL, Caltrans, the City of Los Angeles, and the City of San Diego. AESCO is also part of the yearly reference sampling program for these agencies. These involvements ensure a rigorous training of AESCO's technicians and test method verifications. AESCO maintains current test manuals and standards. All laboratory testing and field investigations are supervised by AESCO's registered engineer. The test results are reviewed by AESCO's Engineering Manager and QA/QC Manager, each of whom has over 35 years of experience. Innovative and Flexible Approaches AESCO has used various approaches to save clients time and money as shown below: • An example of our approach is the emergency response AESCO provided to the City of Huntington Beach when a large sinkhole developed in the middle of one of the major thoroughfares; Warner Avenue. AESCO personnel were on -site around the clock to assist in the repair and to devise a dewatering system to be used during construction. AESCO's geotechnical engineers provided on the spot engineering recommendations and mitigations to expedite the repair. AESCO implemented and supervised a grout injection system to save the in -place utilities, existing structures, and the roadway. The project was completed approximately 20 percent earlier than was anticipated. • AESCO also provided emergency response to the Alhambra Unified School District when an excavation flooded at night due to broken water line at Garfield Elementary School. AESCO's Geotechnical Engineer was on -site at 7:00 A.M. on a Saturday to assist the District in mitigation of the problem and to stabilize the subgrade. • AESCO also responded to a slope failure along in Highway 330 near Lake Arrowhead. AESCO worked double shifts and weekends performing the geotechnical investigations and recommendations for the contractor to repair the road in a timely manner. Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services III Page V a l e d e rz 9 4 m e a e c a www.AescoTech.com 7 z a m I l e Cf z a a t d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications Section E: Relevant Project Experience HDPE Installation, Country Glen Way, City of Anaheim Anaheim, CA AESCO performed the materials testing and inspections for the installation of an HDPE waterline in the City of Anaheim. AESCO performed the testing and inspections of the trench backfill, subgrade and asphaltic concrete which was placed to restore the site to the original condition, including replacement of curb and gutter, cross gutter, sidewalk, landscape and irrigation, and paving. AESCO performed compaction testing of the trench backfill and subgrade. Asphalt testing was performed at the plant and as it was placed on the roadway. Classification testing was performed on the subgrade material and maximum density compaction testing was performed on the subgrade and asphalt in our Huntington Beach laboratory. Project Highlights: e Quality Assurance inspection and testing *Testing and inspection of asphaltic concrete *Testing and inspection of subgrade Start Date: 2018 Completion Date: 2018 Total Cost: $500,000 Client: City of Anaheim Role: Construction Materials Testing and Inspection Key Personnel Involved: Adam Chamaa, P.E., G.E. and Dave Ryan, P.E. Reference Tim Flint, Construction Manager, City of Anaheim I City of Anaheim 1200 South Anaheim Boulevard, Anaheim, CA 92805 1 Phone: 714-765-5271 1 E-mail: TFlint@anaheim.net Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 121 Page Fa i t d i rf q df m e z i c a www.AescoTech.com 7 t a m % k e C t a a o d VA, FALM A" AESCO AESCO Proposal No. P6513 Statement of Qualifications 405 Freeway Widening JBetween SR-73 and I-605 Freeway, Orange County, CA-Caltrans AESCO is performing the Quality Verification materials testing and inspection during widening of e _ 7;7 3 " the 405 Freeway between Euclid Street and the 605 Freeway, a total of 16 miles. The widening project _ �.�includes the construction of new lanes on thesouthbound and northbound sides, new retaining walls, bridges, etc. The testing and inspection i services included a review of the concrete mix designs, concrete testing and inspection, concrete batch plant inspection, pile inspection and logging, rebar inspection, aggregate testing, welding inspection, subgrade testing and inspection, base material evaluation and testing, compaction testing and inspection, and asphaltic concrete testing. AESCO also prepared the Quality Manual for the project including all forms. An Aerially Deposited Lead (ADL) study was also performed. Project Highlights: • Construction Materials and Soils Inspection and Testing for Freeway Widening Project • Prepared Quality Control Manual for the project • Coordinating and managing construction materials testing and inspection services • Environmental Sampling of Aerially Deposited Lead (ADL) • Asbestos Survey and Abatement Oversight • Environmental assessment of clean import and hydrocarbon impacted soils • Geotechnical Engineering for retaining walls and corrosivity Project Challenges: • AESCO provided resolutions to non-conformance reports (NCR) related to quality issues during construction in a timely manner to keep the project on schedule. Provided corrective actions to be taken and measures to prevent future NCR's. AESCO provided complete documentation and research associated with any NCR (specifications, standards, and list of procedures) that were affected by the issue. AESCO recommended mitigation measures and action plans to resolve any NCR's. AESCO worked closely with the design -build team to prevent future NCR's from occurring. Start Date: 2018 Completion Date: 2023 (Projected) Total Cost: $1.9 billion Client: OC 405 Partners Role: QC Inspection and Testing Key Personnel Involved: Adam Chamaa, P.E., G.E., Russ Scharlin, P.E., G.E., Debra Perez, Omar Chamaa, Giovanni Mikhail, Chris Sobek, David Ryan, P.E. Reference Reem Hashem, Principal Contracts Administrators OCTA 1 550 South Main Street, Orange, CA 92868 1 Phone: (714) 560-5446 1 E-mail: Rhashem@octa.net Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 131 Page F a l e d e rz 9 4 m e a e c a www.AescoTech.com 7 z a m % 4 e Cf z a a t d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications ON -CALL A&E CONSTRUCTION TESTING and INSPECTION SERVICES1 COUNTY OF ORANGE, DEPARTMENT OF PUBLIC WORKS, CA AESCO has held the on -call contract with the County of Orange to perform construction materials testing and inspections for the past 4 years. The scope of work has included concrete, grout mix design; observe and document formwork construction; observe and document placement of reinforcing steel; slump, temperature, and air entrainment tests of fresh concrete; cast, cure and test concrete cylinders for compressive strength (core Testing); observation of post tensioned concrete; gamma and X-ray radiographic inspection; and hardness testing. Projects have included the following: Aliso and Woods Canyon Visitor Center Restroom Remodel at Laguna Niguel Park Bike Rental Expansion at Irvine Park Fireman's Memorial Relocation at Irvine Park Earthquake Repair at George Key Ranch Historic Park Year -Round Emergency Shelter at Kraemer Park CTO Training Rooms at GAO New Restroom and Entry at Orange County Zoo Electronic Transformer Replacement at Irvine Ranch Parking Structure P8 in Santa Ana TFC Secure Parking and Gates Wima Shade Structure at Mason Regional Park Probation Building Chiller and Cooler Replacement Laundry Rehabilitation at Orangewood Children's Center New Restrooms at Laguna Niguel Regional Park New Restrooms at Ted Craig Regional Park 800 MHz Building in San Clemente 800 MHz Building at OC Sherriff s Office Westminster Library Improvements Orange County Data Plant Refresh Rancho Santa Margarita Library Improvements ADA Office Restroom, Santa Ana Mile Square Regional Park Improvements Reference Mr. Ted Pittman, Project Manager III I County of Orange, Department of Public Works 1143 E. Fruit Street Building 1, Santa Ana, CA 927011 Phone: (714) 425-8880 1 E-mail: Ted. Pittman@ocpw.ocgov.com Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 141 Page F a l e d e rz 9 4 m e a e c a www.AescoTech.com 7 z a m % 4 e Cf z a a t d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications Metrolink Parking Structure 10range Transportation Center, Orange, CA AESCO performed the materials testing and inspections and environmental engineering for the new Metrolink parking structure at the Orange Transportation Center located at 130 North Lemon Street, Orange, CA. The new structure is 5 stories high with 2 subterranean levels and provides parking for 611 vehicles. AESCO performed the reviews for shoring plans, mix designs and mill certificates for post -tension elevated slabs. AESCO also performed environmental engineering which consisted of soil sampling for site characterization, air monitoring for dust mitigation, remediation oversight, soil confirmation sampling for remediation closeout, and Emergency UST abandonment. Soil sampling was performed to test for creosote and hydrocarbons at the location of old subsurface railroad ties and at other random locations for clean-up verification. A crack monitoring program was also implemented to ensure that no damage occurred to existing structures in the area of construction. The materials testing and inspection included shotcrete, grading, post - tensioning, reinforced concrete, tie -backs, welding, rebar, mortar, footings, epoxy dowels, prestressed concrete, grout, drilled -in anchors, and compaction. Project Highlights: . Construction Inspection and Testing for multi -level parking structure . Preformed construction materials testing and inspections . Environmental Engineering including soil sampling, air monitoring, and remediation oversight. . Performed plan reviews for shoring, mix designs and mill certificates . Project awarded 2020 ASCE Transportation Award Start Date: 2017 Completion Date: 2019 Total Cost: $33.2 million Client: Hill International for OCTA Role: QC Inspection and Materials Testing, Environmental Engineering and Monitoring, Crack Monitoring Key Personnel Involved: Adam Chamaa, P.E., G.E., Amer Hazboon, P.E., Omar Chamaa Reference Michael Tahan, Senior Vice Presidents Hill International for OCTA/Caltrans13130 B Inland Empire Boulevard, Ontario, CA 91764 Phone: (909) 262-4770 JFax: (909) 527-8590 1 E-mail: MIchaelTahan@hillintl.com Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 151 Page b a C 2 d i a 9 4 m e z i c a www.AescoTech.com 57z a m I l e Cf z a a a d Zd 1a FALM A" AESCO AESCO Proposal No. P6513 Statement of Qualifications Main Street, Talbert Street and Heil Street Pavement Rehabilitation I Huntington Beach, CA AESCO performed the construction materials testing and inspections for rehabilitation of the, pavement on Main Street (between Garfield Avenue and Delaware Street), Talbert Avenue (between Gothard Street and Newland Street) and Heil Avenue (between Edwards Street and Goldenwest Street), including reconstruction of curb and gutters, sidewalks and retaining wall improvements and asphalt paving removal and replacement. Testing and inspections included excavation bottoms, placement of all structural fill, concrete, rebar, crushed miscellaneous base, asphalt paving including base and surface layers. Project Highlights: . Construction Inspection and Testing for pavement rehabilitation . Plan review . Concrete and Asphalt Mix Design Review . Inspection and Testing for soils, asphalt, base, rebar, concrete Start Date: September 2016 Completion Date: December 2016 Total Cost: $2.7M Client: City of Huntington Beach Role: OC Inspection and Testing Key Personnel Involved: Adam Chamaa, P.E., G.E., Omar Chamaa, David Ryan, P.E. Reference Joe Dale, Senior Contract Administrator I City of Huntington Beach 1 2000 Main Street, Huntington Beach, CA 92648 1 Phone: (714) 536-5431, E-mail: (dale@surfcity-hb.org Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services www.AescoTech.com 161 Page Fa' edeozq 4meozeca �zam The 571aa td VA _ DIAZ•YOURMAN t ASSOCIATES OCTA OC Streetcar Project, Santa Ana, CA The OC Streetcar project consists of the design and construction of a two -track streetcar system from the Santa Ana Regional Transportation Center (SARTC) in Santa Ana to the proposed Regional Transit Connection and station in Garden Grove, approximately 4 miles. The project also includes design and construction of a maintenance and storage facility and two new bridge structures. The maintenance and storage facility is planned to house all light revenue maintenance functions, including operations. This will accommodate administration, operations, maintenance, repair bays, and parts storage. A maintenance building, a wash building, parking lots, and a fire lane are also included. PROJECT EXPERIENCE The Santa Ana River Bridge is an approximately 356-foot-long, 3-span, precast, pre -stressed concrete, Caltrans, wide -flange girder bridge. Spans vary from approximately 80 to 138 feet and will carry the OC Streetcar light rail tracks over the Santa Ana River and adjacent Santa Ana River Trail. Traffic on the bridge consists of two tracks. Two reinforced concrete pier walls were proposed for the river piers. Short seat abutments on a single row of cast -in -drilled -hole (CIDH) piles were proposed to minimize earthwork, accommodate thermal movements, and use the same foundation type as the piers. The Westminster Avenue UP was proposed as an approximately 23 1 -foot-long, 2-span, cast -in -place, post -tensioned concrete box girder bridge. Spans are approximately 111 to 120 feet long and will carry the OC Streetcar light rail tracks over Westminster Avenue. Traffic on the bridge consists of two tracks. High, cantilever abutments were proposed to minimize span length. A single, non -skewed, oblong column bent was proposed to fit within the available 14-foot median width, measured face-to-face of curb, on Westminster Avenue. DYA provided a Phase I Hazardous Waste Environmental Site Assessment for the portion of the project within OCTA's Pacific Electric Railway right-of-way from Harbor Boulevard to North Raitt Street and a geotechnical investigation for the entire alignment, including soil borings, laboratory analysis, engineering analyses, and geotechnical reports. DYA subsequently performed a supplemental environmental site investigation in the Pacific Electric right-of-way and has been providing construction support and observation services. Key DYA Personnel: S. Niranjanan, PE, GE — Geotechnical Manager Christopher M. Diaz, PE, GE — Geotechnical Principal Chaitanya (KC) Kukutla, EIT — Environmental Engineer Jorge Sandoval, PE, GE — Construction Observation Owner: Orange County Transportation Authority Mr. William Farthing, PE Program Manager 550 S. Main St. Orange, CA 92863 bfarthing(kocta.net 714-560-5813 DYA Client: HNTB Mr. Terry Nash Vice President 200 East Sandpointe Avenue, Suite 200 Santa Ana, CA 92707 tnash =,hntb.com 480-262-5994 Completion Date: 2020 (Fall) DYA Fees: $1,183,700 (To Date) AESCO AESCO Proposal No. P6513 Statement of Qualifications Projects that AESCO has worked on within and/or for the City of Santa Ana AESCO has held the on -call contract for materials testing and inspections and geotechnical and environmental engineering for the City of Santa Ana for the past 9 years. Santa Clara Sewer and Water Improvements Diamond Park Mutual Water Company Water Main Improvements First Street Bridge Replacement Project Parton Street Sewer Main Improvements Parton & Washington Street Westminster Sewer Replacement, Westminster Avenue East of Harbor Boulevard 17th Street Water Main Installation on Broadway and Bristol Walnut Pump Station Building Upgrade Lincoln Avenue and Santa Clara Flood Channel Emergency Project First Street Undercrossing Stormwater Lift Station 1200 block of First Street Utility Backfill for Multi -Streets in City of Santa Ana Cenntinela Yard Fire Rescue Pad 3401 Castor Street 3rd and Birch Street Parking Structure Warner & Susan Industrial Asphalt 16-6868 Plant RJ Noble III B 3 Orange Plant MS Megt Landscape Architecture, Center Street Urban Greening Fairview Maintenance Fairview and Segrestrom Parking Garage N. Spurgeon & 5th Street Paving Susan and South of McFadden Santa Ana Septic to Sewer Conversion Project Euclid Pavement Rehab San Lorenzo Sewage Lift Station Baker and Segestrom Civic Center Pavilion Plaza Pavement Condition Evaluation Shelton Street and West Wilshire Avenue OCTA Kitchen Project at the Santa Ana Bus Base 4301 McArthur Boulevard City Wide Residential Street Repair - Phase 15 Corner of MacArthur and Ramona Residential Street Repair Phase 16 & Santiago Park Roadway Improvement Edna Park 2140 W. Edna Dr, Santa Ana Broadway between McFadden & First Curb and Gutter Lyon Street Rehabilitation Chestnut Ave to First Street and Main -First intersection MacArthur Blvd. Rehabilitation - Bristol to Flower McFadden Rehabilitation, New Hope -Euclid Flower St. Bike Trail Gap Closure, MacArthur to Sunflower Phase 17 - Residential Street Repair, Lacy Street Local Street Slurry Seal 2013-2014 Santa Ana Zoo 1901 E. Chestnut Avenue Asphalt Coring Intersection Vance & Garfield Local Street Slurry Seal 2012-2013 Grand Widening from 1 st to 4th Street Maple Bike Trail Safety Enhancements at Occidental Street, Saint Andrew Place, and Saint Gertude Place Traffic Signal Installation at Raitt and Adams Street Class II Bike Lane on First Street Class II Bike Lane on Newhope Street Pico -Lowell Residential Street Repair Civic Center Drive Paving Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 181 Page F a l e d e rz 9 4 m e a e c a www.AescoTech.com 7 z a m I l e Cf z a a t d V 1a AESCO AESCO Proposal No. P6513 Statement of Qualifications Chestnut Avenue (Standard to Grand), Alley Improvements and Chestnut Avenue Rehab (Broadway to Main) El Salvador Park Improvements Traffic Signal Installation Newhope and Camille Modification on Segerstrom and Bear Volvo Dealership 1400 South Dan Gurney Drive McFadden Between Harbor and Newhope Stadium Concrete Repair 602 N. Flower St., Santa Ana Wilshire Ave and Bochard Avenue Water Main Improvements Bristol & Segerstrom Continuous Welding Inspection 3rd Street and Bush Street Restroom ADA Office Restroom 100-036-036-PF36-1400 1143 Fruit Street Warner & Susan Industrial Asphalt 16-6868 Plant RJ Noble III B 3 Orange Plan Santa Ana Utility Improvements OCPW OOCH Probation Building Chiller- Cooling Replacement 909 N. Main Street OCPW Parking Structure P8 301 W. 5th Street Trench and Backfill 1420 W. Memory Lane Residential Street Rehab Raitt Street and Bishop Street Thornton Park prefab restroom 1801 W. Segrestrom Avenue Septic to Sewer Deodar & 17th Street Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services www.AescoTech.com 191 Page Fa' edeozq 4meozeca 7zam The 571aa td VA AESCO AESCO Proposal No. P6513 Statement of Qualifications Section F: References Client: City of Huntington Beach Contact: Mr. Joe Dale, Contracts Manager Address: 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648 Phone No.: (714) 334-0118 Email: jdaleksurfcity-hb.org Services: On -Call Contract for Geotechnical and Environmental Engineering, Materials Testing and Inspection Dates: 2003-present Client: County of Orange Department of Public Works Contact: Mr. Ted Pittman, Project Manager Address: 1143 East Fruit Street, Building 1, Santa Ana, CA 92701 Phone No.: (714) 647-3947 Email: Ted.Pittmankocpw.ocgov.com Services: On -Call A/E Construction Testing and Inspection Services -Concrete Testing and Inspections Dates: 2015-present Client: City of Santa Ana Contact: Mr. Tyrone Chesanek, Senior Civil Engineer Address: 20 Civic Center Plaza, Santa Ana, CA 92702 Phone No.: (714) 647-5045 Email: TChesanekAsanta-ana.org Services: On -Call Contract for Materials Testing and Inspection Dates: 2011-present Client: OC 405 Partners for OCTA and Caltrans Contact: Mr. Azaam Saad, P.E., Contracts Manager Address: 3100 W. Lake Center Dr. 2nd floor, Santa Ana, CA 92704 Phone No.: (714) 318-3902 Email: A.saadAoc405.com Services: Quality Verification Materials Testing and Inspections Dates: 2018-present Client: City of Costa Mesa Contact: Mr. Bobby Fouladi, P.E., Associate Engineer Address: 77 Fair Drive, Costa Mesa, CA 92626 Phone No.: (714) 754-5222 Email: B obby.Fouladi@CostaMesaCA. Gov Services: On -Call Engineering Services Dates: 2016-present Construction Material Testing/ Inspection Environmental and Geotechnical Engineering Services 201 Page F a l e d e rz 9 4 m e a e c a www.AescoTech.com 7 z a m I l e Cf z a a t d V 1a EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal NOTES: 1. Key personnel must be marked with an asterisk (") and employees that are subject to prevailing wage requirements must be marked with two asterisks (""").All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended 3. Billing rate = actual hourly rate * (1 + I CR) " (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. EXHIBIT 10-H2 COST PROPOSAL Page 2of3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Diaz Yourman & Associates Project No. RFP No.: 20-111 Contract No. D Prime Consultant D Subconsultant Date October 7, 2020 SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary Description of Item Quantity Unit Unit Cost Total Nuclear Gauge 1 Daily $ 75.00 $ 75.00 Truck 1 Daily $ 75.00 $ 75.00 Travel / Mileage IRS Rate $ 0.00 Outside Costs (Maps, Drillers, Laboratory Testing, Traffic Control) TBD At Cost $ 0.00 $ 0.00 $ 0.00 Su bconsu Itant 1: Su bconsu Itant 2: Su bconsu Itant 3: Su bconsu Itant 4: Su bconsu Itant 5: Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed CDC items should be consistently billed regardless of client and contract type. 3 Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. Page 5 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-1-I2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12.48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying:_ Name: Christopher M. Diaz, PE, GE Title*: President Signature : Date of Certification (mm/dd/yyyy): 10/06/2020 Email: chris@diazyourman.com Phone Number: 714-245-2920 Address: 1616 E. 17th Street, Santa Ana, CA 92705 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is Geotechnical engineering services under the proposed contract: Page 7 of 9 January 2020 Local Assistance Procedures Manual Exhibit 10-H Subconsultant: Diaz Yourman & Associates NORMAL OVERTIME BILLING INFORMATION EXHIBIT 10-H2 COST PROPOSAL ON -CALL CONTRACT Contract No. TBD / RFP No. 20-111 Date: Fringe Benefit% Overhead% 41.84 % + 41.84 % + FEE % G&A % (includes OH) + 134.61 % _ + 34.61 % _ = 10.00% CALCULATION INFORMATION 1 /24/2023 Combined % 176.45% 176.45% Name Company Classification Project Classification Hourly Billing Rate Effective date of hourly rate Actual/ average hourly rate % or $ Increase Hourly Range for Class Normal OT (1.5 X) OT (2 X) From To Christopher Diaz 306.65 306.65 306.65 1/1/2023 12/31/2023 100.84 Principal Engineer Engineering QA/QC Exempt 31656 316.86 316.86 12/3V2024 40387 300% N/A 32535 325.35 325.35 1 -„2025 ""^_, 1/202'^'= 106.99 3.00% N/A 3361i 336.11 335:44 12/3V2026 110.20 300% N/A S. Niranjanan 287.77 287.77 287.77 1/1/2023 12/31/2023 94.63 N/A Principal Engineer 296.40 296.40 296.40 1/112024 97.47 330% N/A Project Manager 305.28 305.28 305.28 1/11/2025 i 9/341/21025 100.39 3.00% N/A Exempt 3,T43 314.43 31443 4H/2026 1'312026 193.40 330% N/A Jorge Sandoval 199.27 199.27 199.27 1/1/2023 12/31/2023 65.53 N/A Senior Engineer Engineering Analyses, Reporting Exempt 205.26 205.26 205.26 1/1/2024 "'"" "^'" 67.50 3.00% N/A 211.44 211.44 211.44 1/11,2025 ""^,=,01/202= 69.53 3.00% N/A 217.79 1 217.79 217.79 111Q026 1. "1"^'6- 71.62 300% N/A 155.97 155.97 155.97 1/1/2023 12/31/2023 51.29 $49.95 - $53.96 Project Engineer II Engineering Analyses, Reporting Exempt 160.65 160.65 160.65 1/1/2024 "'"" "^'" 62.83 300% N/A 165.46 165.46 165.46 "^',.--„2025 ""',=,01/2025 1 54.41 3.00% N/A 170.41 170.41 170.41 1/1/2826 56.04 300% N/A 128.08 128.08 128.08 1/1/2023 12/31/2023 42.12 $40.79 - $44.68 Project Engineer 1 Engineering Analyses, Reporting Exempt 131.92 131.92 131.92 VIQ024 12 01/2^24 4338 300% N/A 135.87 135.87 135.87 ^'^',--,,2025 ""^,=,0-„'=025 44.68 3.00% N/A 139.94 139.94 139.94 1/1/2026 """ "^" 46.02 300% N/A 111.30 111.30 111.30 1/1/2023 12/31/2023 36.60 $36.60 - $36.60 Staff Engineer11 Data Review, Field Exploration, Engineering Analyses, Reportinq, Field Technician * Exempt 114.64 114.64 114.64 1/1/2024 "'""� 0 20'^'" 37.70 3.001% N/A 118.08 118.08 118.08 1/1/2026 "'"" "^" 38.83 300% N/A 121.61 121.61 121.61 1'312026 3989 300% N/A 106.25 106.25 106.25 1/1/2023 12/31/2023 34.94 $34.94-$34.94 Staff Engineer 1 * Data Review, Field Exploration, Engineering Analvses, Reportinq, Field Technician Exempt 109.44 109.44 109.44 VV2924 12 0 202024 36.99 300% N/A 112.73 112.73 112.73 "11/2-025 1 ""^,=,01/202= 37.07 3.00% 1 N/A 116.10 116.10 116.10 "^',.--„20^'0 ""^,=,01/20'^'6 3818 3.00% N/A 106.25 106.25 106.25 1/1/2023 12/31/2023 34.94 $34.94-$34.94 Geologist1* Data Review, Field Exploration Exempt 109.44 109.44 109.44 "11/2-0^'^ ""',=,01/2024 3599 3.00% N/A 112.73 112.73 112.73 "^',,--„2025 ""',=,01/2025 37.07 3.00% N/A 116.10 116.10 116.10 111Q026 1'312026 38.18 300% N/A 106.25 159.38 212.50 1/1/2023 12/31/2023 34.94 $34.94 - $34.94 CADD Non -Exempt 109.44 164.17 218.89 1/1/2024 2/3 2^24 36.99 30011; N/A 112.73 169.09 225.46 1i11/2025 +o/a� �1/L0L_ono= 37.07 3.00% N/A 116.10 174.16 232.21 V1/2026 "'"" "^" 38.18 3.00% N/A 136.84 205.26 273.69 1/1/2023 12/31/2023 45.00 $45.00 - $45.00 Technical Editor/ Word Processor Non -Exempt 140.95 211.42 281.90 „^' 1/31/2024 1 4633 1 3.00% N/A 145.17 1 217.76 290.35 1/11'�2025 'O'4A�, ./=0zn = 47.74 3.00% 1 N/A 149.52 1 224.29 299.05 1 V442026 I ""��„z0'^'6 4947 390°� N/A 1. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsultants firms. 2. Billing rate = actual hourly rate * (1+ICR)* (!+Fee). Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. Note: Denote all employees subject to prevailing wage with an asterisk (*) For "Other Direct Cost' listing, see page 2 of this Exhibit. LPP 15-01 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: 4. Project Location: Santa Ana, CA 5. Consultant's Name: AESCO 8. Total Dollar Amount for ALL Subconsultants: 2. Contract DBE Goal: 10% On -Call Engineering Services 6. Prime Certified DBE: Rf 7. Total Contract Award Amount: 950,000 950,000 9. Total Number of ALL Subconsultants: 1 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Diaz Yourman & Associates 20160 Mr. Christopher Diaz 950,000 Local Agency to Complete this Section $ 950,000 20. Local Agency Contract Kh-h- 14. TOTAL CLAIMED DBE PARTICIPATION 100 21. Federal -Aid Project Number: 22. Contract Execution nntP- Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 1-27-2023 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Kay Alabed 714-975-3830 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone President 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 EXHIBIT 2 AGREEMENT WITH KLEP07ELDEK INC. TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS AGREEMENT is made and entered into this 18th day of April, 2023 by and between Kleinfelder, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 2, 2020 the City issued a Request for Proposal ("RFP") No. 20-111, by which it sought qualified consultants to provide on -call material testing and special inspection services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 20-111. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 20-111, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 20-111 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 20-111. The total compensation for services provided by all consultants selected under RFP 21-105 Page 1 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. Page 2 j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). r. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by Page 3 Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on April 18, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on July 5, 2024, unless terminated earlier in accordance with Section 21, below. The term of this Agreement may be extended for up to two (2), one (1) year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Page 4 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 5 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, Page 6 or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Page 7 (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 8 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Page 9 information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. C. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Page 10 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Dany Hanna, PE, MS, MBA Project Manager/Principal Agent Kleinfelder, Inc. 2441 Ridge Route Drive., Suite 225 Laguna Hills, CA 92653 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. Page 11 b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Page 12 20. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 11102. Page 13 b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national origin. In administering the City components of the Disadvantaged Business Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will Page 14 not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. 1. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or Page 15 national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits Page 16 discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, Page 17 debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager KLEINFELDER, INC. By: Dany Hanna Title: Vice President Page 19 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TESTING AND SPECIAL INSPECTION SERVICES RFP NO.20-111 INTRODUCTIONBACKGROUND Under the City of Santa's Capital Improvement Program, a number of construction projects will take place in the next few years. These projects include street pavement, traffic signals, underground utilities, buildings, bridges and park facility improvements. The total value of construction is estimated to exceed $100 million. In order to maintain high quality of construction, the City intends to retain testing and inspection firms to provide quality assurance services for those projects. The selected firms are expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this RFP is to solicit proposals from quality control consulting firms for the required services. The selected consultant is expected to enter into an agreement with the City to provide services on an as -needed basis. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies, presentations, and/or reports will be subject to the final approval and satisfaction of the City. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. The City desires to enter into Agreements with multiple top-ranking firms for an initial three (3)- year term, with a City option to exercise one (1), two (2)-year extension period. The annual amount to be expended under the Agreement will vary at the City's discretion and will be dependent on available funding. City of Santa Ana RFP 20-111 Page Al-1 A. SCOPE OF SERVICES The required services shall include, but not be limited to, the following: ♦ Provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. ♦ Provide inspections for installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents. Submit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the City's Planning and Building Agency prior to start inspection. ♦ Perform tests on various construction materials as required by the City. Available tests may include the following: o Mix Designs o Concrete o Concrete Blocks o Brick Masonry o Masonry Prisms o Mortar and Grout o Fireproofing o Soils and Aggregates o Asphalt Concrete o Reinforcing Steel o Environmental ♦ Inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and fall protection. ♦ Recommend testing method on defective work and advise the City of acceptance standards. ♦ Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. ♦ Provide other quality control services as requested by the City. ♦ Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Book" and "CBC" requirements and to other concerned parties within a week after the work is performed. City of Santa Ana RFP 20-111 Page Al-2 ♦ Submit a final report to the City within five working days upon completion of each project. B. SPECIAL REQUIREMENTS Since some of the city projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' construction manual and the following: Certificate of Personnel ♦ The personnel who will conduct the sampling and testing must be certified. They can be certified by Caltrans' District Materials Engineer, by the National Institute Certification of Engineering Technologies, or by other authority acceptable by the Construction Engineer of the City to be proficient in accepting sampling and testing. ♦ A copy of each person's certificate must be on file in the office of the Construction Engineer. The certificate shall list the type of work which the individual is authorized to perform. ♦ The testing laboratory must be under the supervision of a registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel under his/her supervision. ♦ The selected firm must maintain the laboratory testing equipment in accordance with recognized national standards. ♦ The selected firm must have an independent assurance testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organization. ♦ Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of the following testing programs: ♦ AASHTO Materials Reference Laboratory (ARML) ♦ Cement and Concrete Reference Laboratory (CCRL) ♦ Caltrans' Reference Samples Program (RSP) Acceptance Testing and Sampling ♦ The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the work is completed. City of Santa Ana RFP 20-111 Page Al-3 Reporting Test Results ♦ When aggregate sample is taken in the material source, the testing firm shall submit to the Resident Engineer results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soils and aggregate samples are taken at the job site, results of these tests should be submitted within 72 hours. ♦ Results of compaction and density tests taken at the job site should be submitted within 24 hours. ♦ When samples of soils and asphalt concrete are taken at the job site, R-value and result of asphalt extraction test should be submitted within 96 hours. Independent Assurance Sampling and Testing The selected firm shall establish and maintain an Independent Sampling and Testing (ISAT) program: ♦ To verify that the project sampling and testing are performed correctly by the testers and samplers. ♦ To ensure the equipment is properly calibrated. ♦ To provide the City with a copy of the program to ensure that the program is carried out. ♦ To provide the Resident Engineer with a report indicating actions to be taken by the selected testing firm when discrepancies are found between ISAT and acceptance tests (AT). C. CITY RESPONSIBILITIES ♦ Furnish construction plans and specifications to the consultant. ♦ Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. D. SPECIAL REQUIREMENTS (ATTACHMENT 4) ♦ This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-11: Sample Cost Proposal City of Santa Ana RFP 20-111 Page Al-4 • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot. ca. gov/-/media/dot-media/programs/local- assistance/documents/lapm/ch 1 O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: http s: //dot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 20-111 Page Al-5 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) Statement of Qualifications for MATERIAL TESTING & SPECIAL INSPECTION SERVICES RFP NO. 20-111 CITY OF SANTA ANA September 30, 2020 -.A KL EINFEL DER SECTION 1. STATEMENT OF QUALIFICATIONS Bright People. Rrgiit Solutions. a. Cover Letter September 30, 2020 Sean Thomas City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 Subject: Statement of Qualifications for Material Testing and Special Inspection Services City of Santa Ana RFP No 20-111 Dear Mr. Thomas: The Kleinfelder Team is pleased to submit our statement of qualifications (SOQ) in response to the City of Santa Ana's (City) request for qualifications (RFQ) No. 20-111 dated September 2, 2020 to provide on -call materials testing and Project Manager/Principal Agent special inspection services. Kleinfelder has been providing on -call & Single Point of Contact materials testing and inspection services for public works (Legal Authority to Bind Kleinfelder) construction projects since the firm's inception in 1961.Our team will be led by Project Manager/Principal Agent, Dany Hanna, Dany Hanna, PE, MS, MBA PE, MS, MBA, who has over 19 years of experience managing on- Kleinfelder, Inc. call contracts in southern California, maintains strong client cl 909.376.6128 relationships, understands the contract requirements, and requires el dhanna@kleinfelder.com no ramp -up time to meet the City's budget and schedule. The Kleinfelder Team offers the following to the City: • Nearly 60 years of experienc, successfully providing a wide range of special inspection, materials testing, and related services for local agencies and municipalities. • On -call materials testing and inspection contracts with numerous state and local agencies, including Orange County Department of Public Works, County of Los Angeles, Caltrans, and Cities of Anaheim, Long Beach, Los Angeles, Burbank, Ontario, Industry, and Pasadena. • All key personnel will be made fully available for assigned City Task Orders as needed. Our in- house multi -certified inspectors/technicians observe multiple aspects of a project from start to finish and are available to meet short -notice construction schedules/deadlines. • Our three full -service, accredited materials testing laboratories (Long beacn, untario, ana sa, Diego) are under the supervision of a registered engineer and meet all American Society for Testing and Materials (ASTM) E329 requirements for testing and are inspected and certified or accredited regularly by numerous local, state and federal agencies such as Caltrans Reference Sample Program (RSP), American Association of State Highway and Transportation Officials (AASHTO) Materials Reference Laboratory (AMRL), Concrete and Cement Reference Laboratory (CCRL), State of California Department of General Services (DGS), and the US Army Corps of Engineers (USACE). • Quick turn -around time. Our depth of local resource allows us to respond quickly (within 4 hours or less) to any request for service. Kleinfelder acknowledges receipt of Q&A (Addenda) Sets 1 and 2, released September 10, 2020. Our local knowledge, combined with our vast amount of relevant experience, will enable us to provide the City with innovative solutions to assist with successfully meeting the contract requirements within the scheduled time frame and project budget. Respectfully Submitted, Kleinfelder, Inc. Dany Hanna, PE, MS, MBA Mike orsch Project Manager / Principal Agent Quality Assurance Manager MW211076.001P Kleinfelder 11 24411 Ridge Route Drive, Suite 225 Laguna Hills, CA 92653 p 1949.727,4466 f 1949.727.9242 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 b. Contract Agreement Statement Kleinfelder would like the opportunity to add the following to the indemnity clause listed in the City contract: "Notwithstanding anything contrary to the foregoing, any obligation of Consultant to indemnify and defend City shall be based on its adjudicated proportionate negligence." c. Firm & Team Experience Profile of Kleinfelder, Inc. Headquartered in San Diego, Kleinfelder has been providing materials testing and inspection, geotechnical engineering, environmental, and technical engineering services to public and private clients in California since its founding in 1961. We have maintained a presence in Orange County since 1989. Our local southern California operations include offices and/or laboratories in Laguna Hills, Los Angeles, Long Beach, Ontario, Riverside, and three in San Diego. Metrics on Kleinfelder's firm size (offices and staff) are provided in the table below. Company Legal Form of Company: Private Corporation incorporated in State of California Date of Founding / Incorporation: April 1, 1961 I April 20, 1962 Number of Offices: 74 (firm -wide) 127 (California) 18 (Southern CA) Number of Staff: 1,909 (firm-wide)1718 (California)1406 (Southern CA) Kleinfelder is a California Corporation in good standing with the Secretary of State, and is registered with the State of California Department of Industrial Relations (DIR): 1000001733 Kleinfelder, Inc. 7/1/2019 6/30/2022 Active 467252 Kleinfelder is licensed to work in Santa Ana, so we are ready to work when the City's tasks begin. CITY OF SANTAANA -TREASURY M-15 20 CIVIC CENTER PLAZA -PO BOX 1964 SANTA ANA, CALIFORNIA 92102 PHONE (714) 647-5447 KLEINFELDER INC 550 W. C STREET #1200 SAN DIEGO, CA 92101 Qualifications and Experience THIS LICENSE MUST BE DISPLAYED AT THE PLACE OF BUSINESS BUSINESS TAX NO. 194215 TAX PERIOD: 111I2020. 03112029 BUSINESS TYPE: BUILDING, GENERAL BUSINESS ADDRESS: 550 W. C STREET#1200 SAN ❑IEGO. CA 92101 BUSINESS NAME: KLEINFELDER INC CWNERIREP: PIERSON,GEORGE• PRES EXPIRATION DATE: 1213112020 Kleinfelder has a long, successful track record of providing services on public works -related projects. For six decades, more than half of all projects completed by Kleinfelder have been in and/or for the public sector. Approximately 80% of our current projects in southern California are public works - related, either being performed directly for public agencies or through design/civil engineering firms. As a result, Kleinfelder is well versed in the requirements for timeliness and efficiency when working on public sector projects, and are knowledgeable of applicable codes, regulations, and ordinances associated with public works design and construction. On -Call Contract Experience In addition to our extensive public works experience, we are extremely effective at managing on -call contracts. We are currently providing professional services as an "on -call" consultant for many agencies. Several, relevant key public agency clients are listed on the following page. KLE/NFELOER MW210924.001P Kleinfelder 12 �- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 • Orange County Department of Public Works • Orange County Transportation Authority • County of Los Angeles • City of Long Beach • Caltrans Districts 7, 8, and 11 • City of Los Angeles • City of Anaheim * Administrative buildings * Roadways * Water treatment facilities * Airports • Correctional facilities • Parks • City of Ontario • City of Burbank • Los Angeles County Metropolitan Transportation Authority (METRO) • City of Industry • Los Angeles Department of Water & Power • Riverside County Transportation Department * ripelines/storm drains * Landfills * Parking structures * Libraries • Dams/flood control • Hospitals * universities/sc * Bridges * Redevelopment areas * Courthouses • Water conveyance facilities • Levees Materials Testing and Inspection Services. Kleinfelder offers materials testing and inspection services that can significantly reduce uncertainties during the construction process through consistent use of our internal "Kleinfelder Quality Management Plan" (KQMP) which measures to meet the Caltrans documented "Independent Sampling and Testing (ISAT) proaram. Adherence to the KQMP is the responsibility of our Project Manager/Principal Agent and is required to be followed by our subcontractor. Our engineers work closely with design professionals and other project team members throughout the project's duration, helping to balance the often -competing elements of time, budget, and quality. Laboratory testing is provided by our own fully accredited laboratories meeting all ASTM E329 requirements for testing, which are inspected and certified regularly by agencies that include: * City of Los Angeles * DGS DSA * CCRL * Caltrans * AASHTO-AMRL * USACE Kleinfelder provides a full scope of services for the inspection and testing of construction -related materials including: * Site grading * Foundation excavations * Backfill placement * Subgrade preparation * Pile driving * Drilled pier construction * Rock anchor placement • Precast concrete inspection • Welding inspection * Concrete paving • Reinforcement placement • Batch plant inspection • Concrete placement • Asphalt paving • Soil improvement • Load tests • Steel construction * Painting • Masonry construction • High strength bolting • Expansion bolting • Drainage systems • Field instrumentation • Underpinning • Source inspection • Fabrication shop inspection Special Inspection Services. Special inspection services are provided to verify the compliance of structural elements to project plans and specifications as set forth by the California Building Code (CBC). These wiervices will be provided by our in-house approved inspectors who have undergone voluntary certification by the International Code Council (ICC). Their responsibilities on a project include (within the restraints and under the guidelines as set forth by the CBC): * Observing the work assigned for conformance with approved design drawings and specifications. KLE/NFELOER MW210924.001P Kleinfelder 13 �- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 * Furnishing inspection reports to the building official, owner's representative, construction manager, and other designated persons. * Bringing all discrepancies to the immediate attention of the contractor, and if uncorrected, to the attention of the construction manager and building official. * Submitting a final signed report stating whether the work requiring special inspection was, to the best of our knowledge, in conformance with approved plans, specifications, and the workmanship provision of the CBC. Kleinfelder Project Team Key Personnel Team Leads Kleinfelder has assembled a team of key professional and technical personnel to address the scope of services that are anticipated under the City's contract. Project Manager / Principal Agent DANY HANNA, PE, MS, MBA Available to fully -upport this C ■ 19 years of experience as Principal -In -Charge, Program Manager, Contract Manager, and Project Engineer for multiple agency contracts, including Cities of Ontario and Long Beach, County of Los Angeles, Caltrans, and various southern California agencies. c: 909.376.6128 - MBA, Finance; MS, Civil Engineering (Pavement); CA PE - Civil #70996 Associates -in Charge (Task Order Managers) JAMES STIADY, PhD, PE, GE Available to fully support this Contract ■ 20 years of technical and project management experience in pavement, geotechnical, and materials testing for various on -call contracts throughout southern California. Performs pavement condition surveys, designs pavement sections, and develops/reviews pavement rehabilitation programs. c: 858.736 . 6412 ■ PhD, Civil Engineering; California PE - Civil #66243; and GE # 2820 ROGER KHOUDESSIAN, PE Available to fully support this Contract ■ 17 years of experience in materials engineering and with ASTM, AASHTO- AMRL, Caltrans, Greenbook, USACE, ACI, and local standards. BS, Civil Engineering; PE - Civil No. 73806, CA; Multiple certifications- '" California Test Methods (CTM), AWS Certified Welding Inspector, ICC c: 562.824.2306 Special Inspector, NICET Level II, PG Binder Technician (NBTC) RICK BELL, NICET, NRMCA, RSO Available to fully support this Contract ■ 38 years' experience with task order management and laboratory/field QA testing, which has included construction inspection, shop fabrication inspection, materials testing, batch plant inspection, and office engineering. NICET - Level II (field & lab); National Ready Mixed Concrete Association: c: 909.721.6639 Portland Cement Concrete (PCC); OSHA 40-Hour HAZWOPER; Certified Radiation Safety Officer (RSO) Key Personnel Resumes Resumes for our key personnel that outline their technical and design experience are included as Appendix A to this proposal. Q KLE/NFELOER MW210924.001P Kleinfelder 14 �-- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Organization Char+ Our Organizational Chart below provides a graphic illustration of our proposed project team members including our Project Manager/Principal Agent and Associates -in -Charge (Task Order Managers), key personnel, additional support staff resources, and their roles and responsibilities. We have also noted percentages of time that each team member will be devoted to this contract. Should the City's projects require additional support, we can easily aw upon an additional 4uu+ local protesslonai and technical resourceE located within southern California. Task order Managers James Sbady, - ■ Roger Khoudessian, PE Rick Bell Health & Safety Manager Quality Assurance Manager I DorschBryan Reese, ASP Mike Technicians &.Inspectors Caltrans Certified ICC Certified Laboratory Testing NICET Certified Technicians Inspectors Technicians Technicians Sony Pheng Ali Rehman Marcus Molina Dominic Monternayor Eddie Jabbour KennedyEubany Kreetha Mekchai {TM) Ruben Roque (TM) Bike Hobbs (TM) Manuel Uy (TM) Ian Snyder (TM) David Valenzuela (TM) Manuel Zavala(TM) Juan Le Roy Jeffrey Diaz Daniel Jimenez Kevin Oluoha Aaron Bishop Thomas Rebosky Alex Garcia Sage Dempsey Shawn A9claren Cameron Massa Julian Calderon Eric Kennedy Kim Byrd Jason Eckerson Robert Carman Mike Carman Jacob Collins Michael Magana Ian Snyder (TM Juan Le Roy Adam Gardiner Chris Rice Sage Dempsey Shawn Mclaren Sony Pheng Omar Molina Jimmy A9onterroso Alex Garcia Aaron Bishop Thomas Rebosky Scott Morris Dominic Montemayor Daniel Jimenez Jeffrey Diaz Vartan Deirdeirian Jeffrey Diaz Cameron Massa Julian Calderon Michael Magana Eddie Jabbour Juan Le Roy Daniel Jimenez Aaron Bishop Chris Rice David Magana Sage Dempsey Tony Gonzalez Christian Castanar Erik Kinczel Kevin Oluoha Dominic Montemayor Kennedy Eubany Omar A7olina Marcus Molina Alex Garcia Shawn Mclaren Sony Pheng All Rehman Danielle Gray Notes: • Full resumes for bold key personnel have been included in this submittal. • Siaff availability : 100% for boldikey personnel. 90% for unbold support staff 80% for unbold. italicized support staff. • DBE Subcontractor: TransMat, Inc. (TM) Rick Bell Roger Khoudessian, PE Jeffrey Diaz Juan Le Roy Michael Magana Vartan Deirdeirian We can draw upon our professional and technical southern California resources, as well as those of our DBE subcontractor. who are readily available to support the City as -needed: • Special Inspectors • Soil Technicians • Pavement Specialists • Hazmat Technicians • Materials Engineers • Geotechnical Engineers • Construction Managers • Registered Geologists • Certified Hydrogeologists • Certified Engineering Geologists • Scientists • Planners • Draftspersons, • CADD Cperators • Administrators/ • Project Controls • Word Processors KLE/NFELOER MW210924.001P Kleinfelder 15 �=- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 DBE Subcontractor Participation Kleinfelder has teamed with a highly qualified and experienced Disadvantaged Business Enterprise (DBE) subcontractor and we intend to exceed the City's 10 percent goal for federally funded projects. Kleinfelder has teamed with this subcontractor on similar projects, who is a local expert in their field, and will augment our capabilities to support the City's as -needed scope of services and maintain flexibility in resourcing given the often -intermittent nature of services authorized under an as -needed contract. Contact Kreetha Mekchai, CEO/President 909.293.9186 8966 Benson Ave. Unit B Montclair, CA 91763 transmatinc@gmail.com Certifications DBE (CUCP) #45222 Accredited Laboratory State of CA DIR Registered 1000057301 (exp. 06122) Established: 2017 Role: Testing & inspection services d. Understanding of Need Professional consulting vva ' a Tra n s M at, I nc services corporation ' providing materials testing, geotechnical engineering, and field inspection services. Currently working with Kleinfelder on two Caltrans contracts. Transmat's President and founder, Mr. Kreetha Mekchai, has 20 years of experience in materials testing, inspection, geotechnical investigation, and laboratory testing. TransMat employs several experienced laboratory and field (soils, asphalt concrete, PCC) testers and batch plant inspectors. These laboratory testers and field technicians/inspectors are experienced with field safety, defensive driving, and specific project safety requirements. Kleinfelder understands that the City requires the services of a qualified firm to provide experienced field and laboratory staff on an as -needed basis to perform materials testing and inspection services for various Capital Improvement Projects within the City. Projects may include street pavement, traffic signals, underground utilities, buildings, bridges, and park facility improvements. Work is anticipated to include testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance (QA) services when required. Kleinfelder acknowledges that City projects may be funded with State and Federal grant funds administered by Caltrans. In general, the requested services may include materials testing and inspection services of the following: * Mix Designs * Concrete * Concrete Blocks * Brick Masonry * Masonry Prisms * Mortar and Grout * Fireproofing * Soils * Asphalt Concrete * Reinforcing Steel * Environmental * Aggregates Materials Testing and Inspection Services Work Plan Kleinfelder expects to furnish all personnel, laboratory facilities, transportation, materials, supplies and equipment necessary to perform services requested under this contract. Depending on the funding source, all services will be provided in accordance with the California Building Code (CBC), Standard Specifications for Public Works Construction (Green Book), Caltrans Standard Specifications, as well as OSHA Construction Industry Standards, and other applicable codes. All of our personnel who will conduct the sampling and testing will be certified by the proper authority having jurisdiction for the project, and a copy of their certifications will be on file in the office of the Construction Engineer prior to any work being performed on the project. KLE/NFELDER MW210924.001P Kleinfelder 16 �-- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 The following outlines a typical work plan for materials testing and inspection services anticipated under this contract: Task 1: Project Kick -Off Meeting Our project team will meet with City representatives to initialize the project expectations, in terms of scope of services, schedule, and budget requirements. Communication controls and expectations will be clearly outlined for future activities. The primary goal is to have a mutual understanding of the City's expectations of Kleinfelder and the conduct of the construction activities. With a clear understanding of the expectations, unanticipated changes and surprises can be dramatically reduced. At this time, we will review project plans and specifications to evaluate the intended scope of services and provide alternatives for consideration. Task 2: Identification of Schedule and Budget Requirements After reviewing the plans, specifications, and schedule, we can prepare a proposed scope of services and cost estimate. The construction schedule will have a large impact on the requirements and duration of our services. It is important, both from a scheduling and accounting standpoint, to have an agreed -upon schedule and budget to follow and measure, as we proceed through the construction process. These elements will help us to provide the City with progress benchmarks, both from a financial and construction viewpoint. Once our proposal is approved by the City, we will receive a Work Authorization. Task 3: Staffing and Resource Management Plan Our Project Manager/Principal Agent will personally manage City projects and work closely with our Task Order Managers, typically the individual that attended the kickoff meeting. We will hold an internal kickoff meeting with designated staff to review documents, project scope, expectations, work practices, and schedule subconsultants as needed. Mr. Hanna will be supported by our Quality Assurance Manager, Mr. Mike Dorsch, to provide proactive testing and inspection in accordance with the project needs. Kleinfelder will develop a Review Pee r customized Quality Assurance and Quality Control (QA/QC) Cycle I Reviews Plan for each task order under this contract. A written Project Quality Plan is the key ingredient of our QMP regardless of scope or budget. Interdisciplinary For medium to large projects where observation services are Reviews required on a full-time basis, we will assign a multi -disciplined Senior Technician to reduce the need for more than one technician for multiple operations at the site. This Senior Quality Management Technician will also coordinate resources in the field. In the event that the job sequence requires more than one technician, we will provide a supplemental technician (upon City approval) who will work at the direction of our Senior Technician. Task 4: Preparation and Review of Mix Designs Based on the discussion and information gathered from the kickoff meeting with the City staff, a Kleinfelder pavement engineer will review and/or recommend and develop concrete and asphalt mix designs considering the traffic loads, subgrade modulus, and sustainability factors. A road alignment with a weak subgrade and requiring reconstruction may be a good candidate for full depth reclamation. Typically, this approach is cost effective where long runs of pavement require replacement. Recycling the existing asphalt pavement and base material and blending it into the subgrade soils reduces hauling and disposal of material. Q KLE/NFELOER MW210924.001P Kleinfelder 17 �-- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Kleinfelder is capable of developing asphalt concrete mix designs for leveling course, asphalt base course, surface course, and wearing course, including rubberized asphalt concrete mixes. Kleinfelder can prepare and develop these mix designs in-house, utilizing the appropriate test methods and samples of aggregate and binder from local asphalt suppliers. In addition, we can develop mix designs for concrete pavement, full depth reclamation sections, and cement treated base materials. Task 5: Material Testing & Inspection Services We understand and are well -versed in the City's requirements for timeliness and efficiency in performing work, scheduling, and reporting results. Once notified with a time and location where our technician/inspector will be required, our centralized Kleinfelder dispatch team will schedule the appropriate certified technician/inspector for assignment. The technician/inspector will become intimately familiar with the project documents and will maintain daily records of inspection and testing which will document records of time and work performed. Our field staff will review safety protocols and safe work practices for each activity. They are equipped with appropriate personal protective equipment (PPE) for services they will provide, which include reflective safety vests, steel -toed boots, hard hats, gloves, and eye protection. They will participate in daily safety tailgate meetings prior to the start of work. They will contact our office for additional staffing and equipment, as necessary, based on communication with the City's onsite representative and the project engineer. Daily reports and test results will be provided to the project engineer and City onsite representative for review and signature and delivered to Kleinfelder's Project Manager/Principal Agent at least on a weekly basis, or daily when time -critical items are identified for immediate resolution. Reports and test results may be transmitted electronically to the project engineer and requested City team members. The technician/inspector will maintain a list of non-compliance issues and track resolution of these items. In addition, they will document and track re -inspection and re -testing so the City may back -charge the contractor for these additional costs, if desired. In addition to required inspection, testing, and sampling equipment, inspectors are equipped with smartphones, iPads or laptops with software including Microsoft Office (Word, Excel, and Outlook), Bluebeam Revu and Acrobat Reader for pdf files, and our FieldNet reporting software. • Better access to higher quality, consistent field data • Improved turn -around time and communication • Reduced risk of lost or compromised data • Reduced or eliminated manual re-entry of data • Efficient workflows from field to office • Automatically generated deliverables • Integration with GIS, LIMS, Deltek®, ZI I EQuISTM Kleinfelder inspectors utilize our proprietary . Enhanced photographic documentation field reporting software, FieldNet, which . Works without an internet connection enables our staff to collect data, prepare . Enhanced GPS accuracy when required deliverables, effortlessly upload information . Custom forms can be developed by request to data management systems, and automatically generate reports using tablets in the field. FieldNet improves reporting turnaround time and offers high data quality on projects. Task 6: Laboratory Testing Samples of construction materials will be picked up and transported to our laboratory for testing and analysis by certified laboratory technicians. The laboratory manager reviews the data and distributes a typed test results report indicating whether the material did or did not meet the requirements of the project specifications. A registered engineer will review the laboratory reports and certify the test results prior to distributing them to the City's authorized representatives. The City and Kleinfelder's Project Manager/Principal Agent will be notified immediately if a sample fails to meet specifications so that an alternate plan may be implemented. KLE/NFELDER MW210924.001P Kleinfelder 18 `-> Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Task 7: Project Management and Controls The management of our processes will be a valuable tool for the City to assess not only the acceptability of the construction process, but also many aspects of the progress and conduct of the job. The key to success on any project begins with a strong Project Manager/Principal Agent who is available, experienced, and practices proactive communication strategies. Mr. Hanna's leadership is focused on a team approach with proactive communication to: • Provide successful project execution plan (PXP) including a detailed scope, a realistic schedule, and a mutually agreed upon budget • Strategically coordinate and allocate resources within Kleinfelder and the subcontractor team • Ensure quality at all levels of planning and design • Ensure safety • Deltek Vision 7.0 • Reporting • Burn • Work Forecast • Project Meetings Safety/LPS Deliverable Work Management 1 QA / QC Lead & Process Project controls is a term describing the tools, techniques, and procedures implemented by Kleinfelder's Project Manager/Principal Agent to monitor project components: scope and budget, project execution, quality, and schedule. Kleinfelder maintains a team of internal project controllers who actively work on large-scale programs with multiple subcontractors in order to reduce project owner risk through active real time tracking and reporting to the project manager regarding these items. Within Scope and Budget. The ability to keep a project within the original scope and budget is a result of defining a complete scope. Identifying a clear purpose, need for the work, and the intended outcome are critical to this task. With well -prepared task scopes and goals, budgets will be set and commitments will be made to adhere to. Progress meetings, reviews, and scheduling controls will identify work that could be out of scope or does not contribute to the desired outcome. These monitoring efforts will control the budget and eliminate out -of -scope work proceeding without proper approvals. Where a change of scope becomes necessary, the issue will be evaluated, quantified, mitigated (if possible), and communicated to the City's project manager. Kleinfelder will not exceed a project budget without getting prior authorization from the City. Task 8: Reporting and Project Closeout We will provide the City's representative and other designated team members with a copy of all results, including: • Daily field reports (upon completion of each shift) • Daily test results performed in the field (upon completion of each shift) • Project memos or clarification requests (as needed) • Budget status reports (weekly or monthly) • Any unusual or unanticipated activity or observations (as noted) Q KLE/NFELOER MW210924.001P Kleinfelder 19 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Laboratory test reports will be forwarded electronically to the City's representative and designated team members. Our laboratory test results will be submitted in accordance with the time frames listed in the City's RFQ Section titled Reporting Test Results. A final report will be prepared for materials testing and inspection services, summarizing the observations and testing made in the field and laboratory, and providing conclusions for suitability and recommendations. This final report will be submitted to the City within five working days upon completion of each project. Commitment to Safety Kleinfelder employs the LPS® (Loss Prevention System) program in all of our work practices. The basis of LPS is reducing losses (both safety and financial) by identifying unsafe conditions or behaviors and providing the means to mitigate them. Kleinfelder's adoption of the LPS® system has resulted in a total recordable incident rate (TRIR) of 0.40, the lowest in Kleinfelder's history. Kleinfelder is proud to have integrated the LPS® system into our culture, and we believe it sets our firm apart from our competitors by taking a more focused and proactive approach to safe work practices and empowering each employee to identify potential hazards and make safer choices. e. Relevant Project Experience Client: OCPW Fee: $1.5M Duration: 2015 - Ongoing Reference: Vinh Tran, PE, Senior Engineer 714.955.0210 vinh.tran@ocpw.ocgov.com Relevance to this Contract: • Materials testing and inspections • Laboratory testing • Public structure improvements • Geotechnical engineering review of contractor submittals Key Staff • Dany Hanna, PE, MS, MBA • Mike Dorsch • James Stiady, PhD, PE, GE • Rick Bell • Bryan Reese, ASP • Eddie Jabbour • Juan Le Roy • Jeffrey Diaz • Cameron Massa • Ali Rehman • Tom Rebosky • Shawn McLaren • Sage Dempsey • Michael Magana • Dominic Montemayor • Christian Castanar • Edmond Jabbour Kleinfelder is currently providing construction inspection, geotechnical engineering, and materials testing and inspection services for OCPW under the management of Mr. Dany Hanna, PE, MS, MBA. Under on -call contract, Kleinfelder is providing materials testing and inspection services in support of the OCPW QA program for construction of new or rehabilitation of existing roadways, flood control channels, parks, or other infrastructure projects. All testing is performed in accordance with OCPW Standards and Procedures using CTM, ASTM, and/or AASHTO-AMRL testing. Kleinfelder complies with the County of Orange Standard Plans, Greenbook Specifications, Caltrans, ASTM, AASHTO-AMRL, and APWA Standards. In addition, Kleinfelder's material testers, inspectors, and laboratories are certified with Caltrans, CCRL, AASHTO-AMRL resource accreditation, and ASTM D3666. Kleinfelder also complies with all applicable requirements of the California Construction and General Industry Safety Orders, the California Occupational Safety and Health Act (Cal -OSHA), County of Orange's Safety and Loss Prevention Program and all applicable laws and regulations. Oso Parkway Bridge Replacement, Aliso Viejo. This project consists of the removal, relocation and adjustment of existing improvements, excavation and grading, removal and relocation of existing utilities, construction of new storm drainage and storm water pre-treatment and storage system, construction of curb, gutter and pedestrian walkways and ramps, bridge construction, roadway paving and new overhead signage and traffic control devices. Under the leadership of Task Order Manager Rick Bell, Kleinfelder has performed concrete batch plant inspections, PCC aggregate sampling and testing, and onsite flexural beam fabrication and laboratory testing per Caltrans test methods. Additionally, HMA batch plant inspections occurred and Kleinfelder materials testers sampled the HMA, binder, and aggregates for testing in our Caltrans accredited laboratories. Q KLE/NFEL DER MW210924.001P Kleinfelder 110 �-- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 CLIENT BENEFITS Ability to Meet Schedule. Kleinfelder utilized its large team of in- house materials testers with Caltrans certifications. This allowed the team to assist the County laboratory in load -leveling with minimal disruption to meet seasonal construction testing needs. Availability/Responsiveness. The depth of our team and local operations enabled us to identify the appropriate staff and Client: City of Long Beach Fee: $12M Kleinfelder has been providing on -call geotechnical, materials testing Duration: 1991-Ongoing and inspection services for the City of Long Beach since 1991. Under Reference: numerous contracts, Kleinfelder has performed work on over 500 Marc Wright, Construction Service ,asK orders for the City. The scope of work comprises the Officer, Bureau of Engineering, improvement for numerous city street projects (federally and locally Department of Public Works funded), airport runways and taxiways, public works facilities (fire 562.570.5160 stations & libraries) and parks. marc.wright@longbeach.gov Under the management of Mr. Dany Hanna, PE, MS, MBA Relevance to this Contract: Kleinfelder has been consistently providing quality and effective on -call • Special inspections materials testing services, which include observation and testing for • On -call services asphalt concrete, soils, base, slurry seal, full depth reclamation, cement • Field testing per Greenbook treated base, lime treated soil, PCC testing, and special inspection and Caltrans specifications services of reinforced concrete, structural masonry, structural steel • Review of project plans & welding and bolting, shotcrete, spray -applied fireproofing, pre -stressed specs and submittals (pre and post -tensioned) concrete, installation of adhesive and • Laboratory testing of mechanical anchor bolts and dowels, HMA, PCC batch plant construction materials inspections, and soil nail installation observation. • Related public improvements Key Staff In addition to materials testing and inspection services, Kleinfelder • Dany Hanna, PE, MS, MBA performed batch plant inspection and reviewed HMA and PCC • Mike Dorsch pavement mix designs. Kleinfelder has also performed on -call • Bryan Reese, ASP environmental services under this contract including asbestos and • Roger Khoudessian, PE lead -based paint surveys and abatement oversight. • Rick Bell CLIENT BENEFITS • Sony Pheng • Jeffrey Diaz Rapid, Local Response. Having a local laboratory resulted in cost • Michael Magana saving to the City by minimizing travel time and sample pick up and • Juan Le Roy drop off time and which indirectly yields to quick turn -around of test • Cameron Massa results, avoiding potential construction delays. • Danielle Grey Client: County of Los Angeles Kleinfelder has been providing on -call materials testing services for Department of Public Works the County of Los Angeles since 2000. Task orders have been Fee: $600,000 performed on numerous city streets, bridges, and public Duration: 2000 - Ongoing improvement projects all throughout the County. Reference: KLE/NFEL OER MW210924.001P Kleinfelder 111 �-- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Greg Johnson, PG, CEG, Under the management of Mr. Dany Hanna, PE, MS, MBA, Laboratory Supervisor Kleinfelder has been consistently providing quality and effective on -call 626.458.7986 materials testing services to the County. Projects include AC gjohnson@dpw.lacounty.gov pavement grind and overlay, reconstruction of concrete curbs and Relevance to this Contract: gutters, sidewalks, median islands, curb ramps, driveway approaches, • Field investigations • Construction monitoring alley intersections, and other appurtenant work. Under the current • Laboratory testing contract, we have performed work on over 50 task orders. Kleinfelder • Evaluation services are performed in accordance with the County's Quality • Recommendations Assurance Plan (QAP) and Caltrans specifications. • Materials testing & inspection Martin Luther King, Jr. (MLK) Medical Center Campus East • Independent assurance testing Parrking Structure. Kleinfelder's Team included several County Key Staff certified special inspectors with past experience on post -tensioned • Dany Hanna, PE, MS, MBA parking structures in accordance with County and relevant • Mike Dorsch requirements/specifications. Kleinfelder also provided an Inspection • Bryan Reese, ASP Coordinator to fulfill and document the contractor's inspection • Roger Khoudessian, PE requests. We additionally provided multi -certified special inspectors • Rick Bell as -needed to observe placement of reinforcing steel, post -tensioned • Dominic Montemayor tendons, concrete, masonry block, masonry grout, anchor bolts, epoxy • Eric Kennedy • Kim Byrd dowels, and structural steel welding for this multi -story building. • Jason Eckerson Arcadia Mental Health Center Replacement. Kleinfelder provided • Robert Carman construction materials testing and special inspection services on • Mike Carman behalf of the County to assess conformance with the project • Jeffrey Diaz structural plans and specifications during construction. Our multi- • Cameron Massa certified, in-house technicians and inspectors provided staffing • Julian Calderon consistency and scheduling on this project, maintaning costs and • Michael Magana maximizing efficiencies. • Vartan Deirdeirian CLIENT BENEFITS Rapid local response of nearly two dozen local, certified materials testers and inspectors through our centralized dispatching system - minimizing costs associated with travel by utilizing staff who reside near the project sites. Client: Caltrans, District 8 Under the management of Mr. Dany Hanna, PE, MS, MBA, Fee: $3.3 Million Duration: 2017 - Ongoing Kleinfelder is currently providing construction materials sampling and Reference: testing and batch plant (asphalt concrete/PCC) inspection services to Godson Anyanwu, PE, Chief improve the State transportation system throughout Caltrans District Caltrans Southern Regional Lab 8. Our services are performed by materials engineering testers (SRL) holding the appropriate Caltrans, ACI and AASHTO certifications at 951.232.3834 numerous project sites and material supplier batch plants. Godson_Anyanwu@dot.ca.gov Task Order Manager Mr. Mike Dorsch performs project scheduling and Relevance to this Contract: field coordination, review and distribution of daily field reports, materials • Construction materials documentation and information, and prepares reports to Caltrans observation standards and requirements. Our materials testers work together under • Materials testing per CTMs our Lead Materials Tester Mr. Roger Khoudessian, PE. and Caltrans Construction Manual CLIENT BENEFITS • Concrete and HMA batch Kleinfelder's multi certified Consultant Materials Testers have plant inspection provided added value by being able to service multiple projects KLE/NFELOER MW210924.001P Kleinfelder 112 �-- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 • Field sampling of fresh and scopes of work within the same shift resulting in a cost concrete, HMA, soil, aggregate avingF to Caltrans. • Field nuclear gauge Continuity and Depth of Expertise. Our team's existing knowledge compaction testing • Materials testing services in with Caltrans staff, equipment, and processes means we require no mobile laboratories training and have no learning curve. This results in high levels of • Special materials analysis and quality assurance. evaluation Local Response/Efficiency from Dispatch to Report Distribution. • Materials documentation and Kleinfelder was able to draw upon a team of nearly two dozen information materials staff with current Caltrans TL-0111 certifications. This large • Preparation of reports pool of materials engineering testers allows the team to assist the Key Staff Caltrans staff in load -leveling with minimal disruption to meet their • Dany Hanna, PE, MS, MBA construction testing needs. • Mike Dorsch • Bryan Reese, ASP Cost Savings. The Kleinfelder team utilized multiple laboratory • Roger Khoudessian, PE facilities for equipment storage and materials testing services to • Ali Rehman minimize travel time and provide quicker laboratory testing turn- • Dominic Montemayor around times. • Eddie Jabbour • Kennedy Eubany • Jeffrey Diaz • Julian Calderon • Michael Magana • Juan Le Roy Client: City of Ontario Kleinfelder is currently Fee: $200,000 to date performing as -needed Duration: 2014 - Ongoing geotechnical Reference: Tricia Espinoza, City Engineer a engineering and materials testing and 909.395.2000 tespinoza@ci.ontario.ca.us inspection services as Relevance to this Contract: an extension to the city • Preliminary geotechnical engineering _ "` investigations' .. -. department. Our J • Geotechnical _,r, ar ; 3:r . services have included s #.. task observations/testing and multiple orders report preparation requesting materials testing and inspection services during the • Materials testing and rehabilitation of multiple residential streets and main commuter routes inspection services per ASTM, with the city. ACI, and Caltrans test Typical task orders have included construction observation and field methods and laboratory testing of engineered fill soils and backfill, aggregate • Review of project plans, base rock, asphalt concrete and PCC utilized during utility and street specs, and submittals improvement projects. • Laboratory testing of construction materials CLIENT BENEFITS • Related public improvements Staff Expertise/Quality Work: Kleinfelder's local staff hold Key Staff certifications by the Asphalt Institute, AWS/CWI, NACE, ACI, ICC • Dany Hanna, PE, MS, MBA as well as Caltrar proficiency. These certifications along with our • Mike Dorsch local knowledge of the geology, material suppliers and sources • Bryan Reese, ASP allowed us to provide our client with a team possessing the most • Rick Bell • Sony Pheng recent and relevant knowledge during construction activities. KLE/NFELOER MW210924.001P Kleinfelder 113 �- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 • Thomas Rebosky Ability to Meet Schedule: Kleinfelder utilized our team of local, • Jeffrey Diaz certified staff. to assist the city with minimal disruption to the traveling • Juan Le Roy public. • M Cameron assa • Shawn Mass Cost Savings/Local Office: Kleinfelder utilized our staff and laboratory • Michael Magana located in the City of Ontario to minimize costs associated with travel and increase laboratory testing and reporting time. Availability/Responsiveness: The depth of our team and local operation enabled us to identify the appropriate in-house staff and schedule for service within hours of receiving requests. f. References The following includes select examples of our project experience with references for three public entities for which Kleinfelder has performed similar work within the past five years. These projects are detailed in Section e. Relevant Project Experience. Orange County As -Needed Materials Testing & Public Works Inspection and Geotechnical (OCPW) Engineering Services City of Long Beach On -Call Materials Testing and Geotechnical Services County of Los County of Los Angeles Angeles As -Needed Materials Testing, Inspection, and Geotechnical Engineering Services for Various Street Improvement Projects Vinh Tran, PE, Senior Engineer 714.955.0210 vinh.tran@ocpw.ocgov.com Marc Wright, Construction Service Officer, Bureau of Engineering, Department of Public Works 562.570.5160 marc.wright@longbeach.gov Greg Johnson, PG, CEG, Laboratory Supervisor 626.458.7986 gjohnson@dpw.lacounty.gov MW210924.001P Kleinfelder 114 KLE/NFELOER N Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 SECTION 2. SCOPE OF SERVICES AND SCHEDULE Materials Testing and Special Inspection Services Kleinfelder offers materials testing and inspection services that can significantly reduce uncertainties during the construction process. Our engineers work closely with design professionals and other project team members throughout the project's duration, helping to balance the often -competing elements of time, budget, and quality. Kleinfelder plans to perform materials testing and inspection services to assist the City and on -site construction personnel, in maintaining awareness that workmanship is being performed to the project specifications and that construction materials utilized meet minimum project specifications. The depth of our local team and dispatch system enables us to identify the appropriate staff and schedule to respond quickly (within 4 hours or less) and provide the City with quick turn -around time. Our team is experienced with on -call project demands and works 24 hours a day, 365 days a year to meet project needs. Materials testing and inspection services will be performed by knowledgeable individuals familiar with local soil conditions and construction materials standards and attributes. These services are intended to complement and assist the City throughout construction -related activities and our staff will be responsible for: • Observing the work assigned for conformance with approved design drawings and specifications. • Registering deputy inspectors with the City's Planning and Building Agency prior to the start of inspection. • Furnishing typed field reports daily to the City, building official, owner's representative, construction manager, and other designated persons. • Submitting typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with Greenbook and CBC requirements within a week after the work is performed. • Bringing all discrepancies to the immediate attention of the contractor, and if uncorrected, to the attention of the construction manager and City representative. • Submitting a final signed report stating whether the work was to the best of our knowledge, in conformance with approved plans and specifications. Kleinfelder has in-house technicians and inspectors that have been certified by the following agencies: * County of Los Angeles * City of Los Angeles * Caltrans * American Welding Society (AWS) * DGS/DSA for Masonry and Shotcrete Inspection • International Code Council (ICC) * National Institute for the Certification of Engineering Technologies (NICET) * American Construction Inspectors Association (ACIA) * American Concrete Institute (ACI) Kleinfelder provides QA inspection and testing services during construction of numerous projects including public works projects, commercial structures, bridges, mines, roadways, and airport runways. Our supervisory staff under the direction of our Project Manager/Principal Agent will be involved in all aspects of our materials testing and inspection services as well as the safety of our field staff. Mr. Hanna will work with our Health & Safety Manager Mr. Bryan Reese to ensure that our inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space entry and have the proper fall protection and training. Our in-house team can provide the full scope of services listed for the materials testing and inspection of construction -related materials including: Q KLE/NFELOER MW210924.001P Kleinfelder 115 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 * Site grading * Foundation excavations * Backfill placement * Subgrade preparation * Pile driving * Drilled pier construction * Rock anchor placement * Precast concrete inspection * Welding inspection * Concrete paving * Reinforcement placement • Batch plant inspection • Concrete placement • Asphalt paving • Soil improvement • Load tests • Steel construction • Painting * Masonry construction * High strength bolting • Expansion bolting • Drainage systems • Field instrumentation • Underpinning • Source inspection • Fabrication shop inspection Listed below are the standard materials testing and inspection services which we expect to perform on this contract and have provided for similar on -call contracts: Soil and Aggregate Sampling and Testing. Our certified technicians will sample soil and aggregate using ASTM Standard Practice D75 for the appropriate laboratory testing, which may include sieve analysis, sand equivalent, cleanness value, R-value, maximum density, specific gravity, durability, soundness, and expansion potential. Bituminous Mixture Sampling and Testing. Our certified technicians will sample asphalt concrete mixtures in the field or at the batch plant using ASTM D979 for laboratory testing which may include maximum theoretical unit weight, asphalt extraction, stability, moisture and rutting susceptibility, and gradation analysis. Soil and Base Compaction Testing. Our certified technicians observe placement of soils and aggregate base material and conduct field testing using a nuclear gauge device or sand cone to evaluate the in -place density and moisture of the material and to calculate relative compaction. Results of soil and aggregate base compaction and density testing taken at the job site will be submitted to the City's designated representatives within 24 hours. Micro -surfacing and Slurry Seal. Our certified technicians observe the placement of slurry seal, scrub seal and micro -surfacing materials for resurfacing of the existing roadways. They check for oversize material, monitor mix temperature, proper mixing, and blending of the mix. Our inspectors can also collect samples of slurry seal for wet -track abrasion testing. Asphalt Compaction Testing. Our certified technicians observe placement and compaction of HMA material using nuclear density gauges in accordance with California Test Method 375. Results of asphalt compaction and density testing taken at the job site will be submitted to the City's designated representatives within 24 hours. Asphalt Batch Plant Inspection. Our certified technicians routinely provide batch plant inspection during paving operations to observe and document material quantities, mixing temperatures, binder type and temperatures. They collect samples of asphalt and aggregates and conduct moisture tests and grain size analysis. They also ticket the load for identification by the field inspector. Concrete Batch Plant Inspection. Our certified technicians perform observation and documentation of procedures used in concrete batching. At the batch plant, the inspector monitors and records weights of ingredients for concrete, including admixtures. They also monitor mixing of concrete, slump, addition of water, and adherence to the approved mix design. They will ticket the load for identification by the field inspector. Inspection of Reinforcing Steel at the Fabrication Plant. Our deputy inspectors identify and sample reinforcing steel at the fabrication plant and tag the steel for recognition upon arrival at the project site. We also collect samples of reinforcing steel which are transported to our facility for laboratory testing (bend and tensile) as required by the project plans and specifications. Q KLE/NFELOER MW210924.001P Kleinfelder 116 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Placement of Reinforcing Steel. Our deputy inspectors will verify the reinforcing steel placement prior to placement of concrete. Reinforcing steel is observed for size, spacing, type, grade, identification, placement, and configuration. Concrete Placement. Our deputy inspectors will observe placement of reinforced concrete and sample the concrete during placement. Our field services will include casting cylinders for compression testing, monitoring of slump, temperature, mixing time, mix design identification, and other field testing required by the plans/specifications. Welding of Structural Steel. Our deputy inspectors or an M = American Welding Society (AWS) Certified Welding Inspector (CWI) observe welding operations during structural steel erection and connection at the project location. This is done on both a continuous and periodic basis as dictated by the approved drawings and applicable codes. Our services include the observation of welder certifications, material identification, joint fit -up, pre/post-weld heat treatment, and general compliance of structural steel construction to the project requirements and applicable codes. Installation & Tightening of High -Strength Bolts. Our deputy inspectors observe the installation and tightening of high strength bolts as dictated on the project plans. We perform sampling and tension/torque testing of high strength bolts in accordance with applicable codes and project documents. Non -Destructive Testing of Welds. Our deputy inspectors certified by ASNT in Ultrasonic Testing (UT), Magnetic Particle Testing (MT), Dye Penetrant Testing (DT), or Radiographic Testing (RT) procedures perform nondestructive testing as required by the project plans, specifications, and applicable codes. Structural Steel Fabrication Shop Inspection. Our deputy inspectors or AWS-CWI will observe welding operations during fabrication shop welding prior to shipment of structural members to the project site. This is done on both a continuous and periodic basis as dictated by the approved drawings and applicable codes. Our services include the observation of welder certifications, material identification, joint fit -up, pre/post-weld heat treatment, and general compliance of structural steel construction to the project requirements and applicable codes. Installation & Testing of Drilled -In -Anchors. Our deputy inspectors observe the installation of reinforcing steel/anchor bolts using either a chemical epoxy or mechanical anchor, as specified. Our field services will include verification of the size, depth, spacing, and cleanliness of holes to receive the reinforcing steel/anchors. We will also verify adherence with the manufacturer's specifications for the chemical epoxy/mechanical anchor and conduct proof testing of drilled -in -anchors using approved methods (tension/load/torque testing). Masonry Construction. Our deputy inspectors perform continuous inspection of the placement of concrete masonry units, mortar, reinforcing steel, concrete grout, and items embedded in masonry. We will also sample and test construction materials including pre -construction masonry prisms, grout, and mortar for compression testing, as required by the project specifications. Spray -Applied Fireproofing. Our deputy inspectors visually inspect the condition of surfaces of structural steel to receive fireproofing. The contractor's method of mixing and application and perform thickness testing, density testing, and adhesion/cohesion testing in accordance with the project specifications is verified and the samples are transported to our laboratory for appropriate testing. Post -Tensioned Concrete. Our deputy inspectors observe the placement of post -tensioning tendons, monitoring of tendon profile, and placement of reinforcing steel and concrete. We also measure and record elongation of the post -tensioning tendons during stressing operations. Q KLE/NFEL DER MW210924.001P Kleinfelder 117 �-- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Shotcrete. Our deputy inspectors will observe shotcrete placement and sample shotcrete materials for appropriate testing. They will observe cores of test panels looking for voids, sand lenses, rebound, or other evidence of inadequate application. Source Inspection. Our deputy inspectors will observe source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. Painting. Our deputy inspectors will visually observe painting/coatings and/or corrosion protection as required by the project specifications. This inspection may include non-destructive testing of the painting coating thickness and/or non-destructive testing which may include holiday testing to verify materials meet the project requirements. In addition to the standard materials testing and inspections listed above, we can provide other quality control services as requested by the City. The Kleinfelder Team has a team of registered engineers and professionals who can work with the City's staff to recommend test methods on defective work and advise the City of acceptance standards. Independent Assurance Sampling and Testing (IAST) Program Kleinfelder's KQMP is designed to be consistent with the requirements of ANSI/ISO/ASQ Q9001-2008, "Quality Management Systems - Requirements", Title 10 of the Code of Federal Regulations, Part 830, Subpart A — "Quality Assurance Requirements" (10CFR830, Subpart A) and implementation guidance provided Department of Energy Order 414.1 D, "Quality Assurance" (DOE O 414.1 D). Our KQMP is generally compliant with other quality requirement documents such as QC-1 (cited in Requests for Proposals by the Department of Defense) and meets Caltrans ISAT program. Our plan is typically invoked on Kleinfelder projects that require sampling/testing other than ANSI/ISO/ASQ Q9001-2008, or 1 OCFR830 Subpart A and Caltrans criteria, with no or minimal modification. Our KQMP consists of two parts which include a written overview of Kleinfelder's quality expectations and the specific endorsed Kleinfelder Quality Procedures (KQPs). This plan will be utilized to verify sampling and testing is performed correctly and to ensure that all equipment is properly calibrated and labelled. Additionally, the plan includes our processes to ensure that actions are immediately taken when test results are questionable or when discrepancies are found, and the corrective actions taken upon findings. Our KQMP also includes a continuous review and as needed modifications, to our processes to stay up to date with industry changes and best i 1 i practices that can benefit Kleinfelder and our clients. Laboratory Accreditations Kleinfelder maintains three southern California laboratories: Ontario, Long Beach, and San Diego. Kleinfelder's laboratories are fully equipped for testing construction materials. Kleinfelder has an in-house QA program to maintain a high level of accuracy and reproducibility in testing services performed by the firm. Experienced technicians perform the laboratory tests under the supervision of a registered professional engineer who will review all test results prior to distribution. Our laboratory will conduct acceptance testing of the materials on the first day when work is performed, and will continue to perform testing until the work is completed. All gauges, proving rings, scales, and other equipment used for testing are maintained and calibrated on a Q KLE/NFEL DER MW210924.001P Kleinfelder 118 �-- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 regular basis by certified independent agencies in accordance with recognized national standards. Kleinfelder's own QA program is supplemented with regular inspection by governmental agencies. The most significant outside QA inspection of our firm is by the National Bureau of Standards through the Commercial Testing Laboratory Accreditation Program administered by AASHTO-AMRL. All of our laboratories participate in correlation testing programs including CCRL and AASHTO-AMRL proficiency testing programs, also administered by the National Bureau of Standards and the reference sample programs offered by Caltrans. Kleinfelder is one of the few commercial testing facilities in the state to participate in all of the programs, which are accepted as the most rigorous evaluation available in the field of materials testing. Kleinfelder's accredited laboratories are inspected and certified regularly by agencies that include: * City of Los Angeles * DGS DSA * CCRL * Caltrans * AASHTO-AMRL * USACE Kleinfelder laboratory facilities offer state-of-the-art capabilities in PCC, asphalt concrete, steel, masonry, and soils. Our facilities meet all ASTM E329 requirements for testing of concrete, soil, masonry, and bituminous materials. Our laboratory and field-testing capabilities include the use of specialized equipment not found with many firms. Another value-added service Kleinfelder offers is self-contained mobile laboratories to conduct a variety of soils, materials, and concrete testing on site. All mobile laboratories undergo appropriate reviews, inspections, and certifications prior to commencement of construction. The Kleinfelder team is committed to reporting laboratory test results to the City and its designated representatives in a timely fashion. Results of sand equivalent, cleanness value, and sieve analysis material sampled from the material source will be submitted to the Resident Engineer within 24 hours of sampling. Similarly, results for these tests for soil and aggregate material sampled from the job site will be submitted in accordance with the City's RFQ Section titled Reporting Test Results. The Kleinfelder Team staff's its laboratories around -the -clock and will meet the City's demands to report laboratory test results. Our DBE subcontractor TransMat, Inc. also maintains an accredited laboratory that will be available as needed and will adhere to the same laboratory reporting timelines. Please see Appendix B for copies of laboratory accreditations. KLE/NFELOER MW210924.001P Kleinfelder 119 �-- EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-1-12 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Dany Hanna, PE Signature Email: dhanna@kleinVider.com Title* Project Manager / Principal Agent Date of Certification (mm/dd/yyyy): 1/24/2023 Phone Number: 909.376.6128 Address: 24411 Ridge Route Drive, Suite 225 Laguna Hills, CA 92653 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Building/Construction Inspection and Field Soils and Material Testing Page 7of9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal EXHIBIT 10-1-12 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying:_ Name: Kreetha Mekchai Signature Email: transmatinc@gmail.com Title*: CEO/President Date of Certification (mm/dd/yyyy): 09/24/2020 Phone Number: 626-532-7705 Address: 8966 Benson Ave. Unit B, Montclair, CA 91763 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is oils and Material Testing/Laboratory under the or000sed contract: Page 7of9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10.142 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Kleinfelder, Inc. Project No. RFQ 20-111 Contract No. TBD ZPrime Consultant ❑ Subconsultant Participation Amount NTE $950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% 57.05% + 101.97% = 159.02% Fee = 10.00% 2.84922 BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate increase for Classifications Only Michael Dorsch $ 249.59 N/A N/A 10/1/2022 9/30/2023 $ 87.60 - Project Manager $ 257.09 N/A N/A 10/1/2023 9/30/2024 $ 90.23 3.00% $ 264.81 N/A N/A 10/1/2024 9/30/2025 $ 92.94 3.00% Not Applicable Exempt Non -Prevailing Wage Amber Parker $ 213.69 N/A N/A 10/1/2022 9/30/2023 $ 75.00 - Task Order Manager $ 220.10 N/A N/A 10/1/2023 9/30/2024 $ 77.25 3.00% $ 226.71 N/A N/A 10/1/2024 9/30/2025 $ 79.57 3.00% Not Applicable Exempt Non -Prevailing Wage Ammar Kartite $ 205.49 N/A N/A 10/1/2022 9/30/2023 $ 72.12 - Task Order Manager $ 211.64 N/A N/A 10/1/2023 9/30/2024 $ 74.28 3.00% $ 217.99 N/A N/A 10/1/2024 9/30/2025 $ 76.51 3.00% Not Applicable Exempt Non -Prevailing Wage Enrique Romero $ 106.67 N/A N/A 10/1/2022 9/30/2023 $ 37.44 - Task Order Manager $ 109.87 N/A N/A 10/1/2023 9/30/2024 $ 38.56 3.00% $ 113.17 N/A N/A 10/1/2024 9/30/2025 $ 39.72 3.00% Not Applicable Exempt Non -Prevailing Wage Jeff Diaz $ 171.81 N/A N/A 10/1/2022 9/30/2023 $ 6030 - Task Order Manager $ 176.97 N/A N/A 10/1/2023 9/30/2024 $ 62.11 3.00% $ 182.26 N/A N/A 10/1/2024 9/30/2025 $ 63.97 3.00% Not Applicable Exempt Non -Prevailing Wage Jennifer Estes $ 91.35 N/A N/A 10/1/2022 9/30/2023 $ 32.06 - Contract Administrator $ 94.08 N/A N/A 10/1/2023 9/30/2024 $ 33.02 3.00% $ 96.90 N/A N/A 10/1/2024 9/30/2025 $ 34.01 3.00% Not Applicable Exempt Non -Prevailing Wage Brian Kennedy $ 118.61 N/A N/A 10/1/2022 9/30/2023 $ 41.63 - Contract Administrator $ 122.17 N/A N/A 10/1/2023 9/30/2024 $ 42.88 3.00% $ 125.85 N/A N/A 10/1/2024 9/30/2025 $ 44.17 3.00% Not Applicable Exempt Non -Prevailing Wage Thomas Rebosky* $ 82.29 $ 123.43 $ 164.57 10/1/2022 9/30/2023 $ 28.88 - Technician/Inspector $ 84.76 $ 127.15 $ 169.53 10/1/2023 9/30/2024 $ 29.75 3.00% $ 87.30 $ 130.95 $ 174.60 10/1/2024 9/30/2025 $ 30.64 3.00% Not Applicable Non -Exempt Non -Prevailing Wage William Cruze* $ 89.75 $ 134.63 $ 179.50 10/1/2022 9/30/2023 $ 31.50 - Technician/Jnspector $ 92.46 $ 138.69 $ 184.91 10/1/2023 9/30/2024 $ 32.45 3.00% $ 95.22 $ 142.83 $ 190.44 10/1/2024 9/30/2025 $ 33.42 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Chris Barry* $ 83.77 $ 125.65 $ 167.53 10/1/2022 9/30/2023 $ 29.40 - Technician/Inspector $ 86.27 $ 129.41 $ 172.55 10/1/2023 9/30/2024 $ 30.28 3.00% $ 88.87 $ 133.30 $ 177.73 10/1/2024 9/30/2025 $ 31.19 3.00% Not Applicable Non -Exempt Non -Prevailing Wage David Magana* $ 71.23 $ 106.85 $ 142.46 10/1/2022 9/30/2023 $ 25.00 - Technician/Jnspector $ 73.37 $ 110.05 $ 146.73 10/1/2023 9/30/2024 $ 25.75 3.00% $ 75.56 $ 113.34 $ 151.12 10/1/2024 9/30/2025 $ 26.52 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Dietrich Unger* $ 94.02 $ 141.04 $ 188.05 10/1/2022 9/30/2023 $ 33.00 - Technician/Inspector $ 96.84 $ 145.27 $ 193.69 10/1/2023 9/30/2024 $ 33.99 3.00% $ 99.75 $ 149.63 $ 199.50 10/1/2024 9/30/2025 $ 35.01 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Page 1 of 5 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10.142 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Kleinfelder, Inc. Project No. RFQ 20-111 Contract No. TBD ZPrime Consultant ❑ Subconsultant Participation Amount NTE $950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% 57.05% + 101.97% = 159.02% Fee = 10.00% 2.84922 BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate increase for Classifications Only Domenic Montemayor* $ 84.19 $ 126.29 $ 168.39 10/1/2022 9/30/2023 $ 29.55 - Technician/Jnspector $ 86.73 $ 130.10 $ 173.46 10/1/2023 9/30/2024 $ 30.44 3.00% $ 89.32 $ 133.98 $ 178.65 10/1/2024 9/30/2025 $ 31.35 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Eric Kennedy* $ 126.85 $ 190.27 $ 253.69 10/1/2022 9/30/2023 $ 44.52 - Technician/Inspector $ 130.67 $ 196.00 $ 261.33 10/1/2023 9/30/2024 $ 45.86 3.00% $ 134.60 $ 201.90 $ 269.19 10/1/2024 9/30/2025 $ 47.24 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Jimmy Gomez* $ 113.97 $ 170.95 $ 227.94 10/1/2022 9/30/2023 $ 40.00 - Technician/Inspector $ 117.39 $ 176.08 $ 234.78 10/1/2023 9/30/2024 $ 41.20 3.00% $ 120.92 $ 181.38 $ 241.84 10/1/2024 9/30/2025 $ 42.44 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Marcus Molina* $ 101.15 $ 151.72 $ 202.29 10/1/2022 9/30/2023 $ 35.50 - Technician/Inspector $ 104.20 $ 156.29 $ 208.39 10/1/2023 9/30/2024 $ 36.57 3.00% $ 107.33 $ 161.00 $ 214.66 10/1/2024 9/30/2025 $ 37.67 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Mario Sanchez* $ 88.33 $ 132.49 $ 176.65 10/1/2022 9/30/2023 $ 31.00 - Technician/Jnspector $ 90.98 $ 136.46 $ 181.95 10/1/2023 9/30/2024 $ 31.93 3.00% $ 93.71 $ 140.57 $ 187.42 10/1/2024 9/30/2025 $ 32.89 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Michael Magana* $ 150.32 N/A N/A 10/1/2022 9/30/2023 $ 52.76 - Technician/Inspector $ 154.83 N/A N/A 10/1/2023 9/30/2024 $ 54.34 3.00% $ 159.47 N/A N/A 10/1/2024 9/30/2025 $ 55.97 3.00% Not Applicable Exempt Non -Prevailing Wage Mike Dillon* $ 74.08 $ 111.12 $ 148.16 10/1/2022 9/30/2023 $ 26.00 - Technician/Inspector $ 76.30 $ 114.45 $ 152.60 10/1/2023 9/30/2024 $ 26.78 3.00% $ 78.58 $ 117.87 $ 157.16 10/1/2024 9/30/2025 $ 27.58 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Sage Dempsey* $ 62.60 $ 93.90 $ 125.19 10/1/2022 9/30/2023 $ 21.97 - Technician/Inspector $ 64.48 $ 96.72 $ 128.96 10/1/2023 9/30/2024 $ 22.63 3.00% $ 66.42 $ 99.62 $ 132.83 10/1/2024 9/30/2025 $ 23.31 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Sarah Duarte* $ 80.86 $ 121.29 $ 161.72 10/1/2022 9/30/2023 $ 2838 - Technician/Jnspector $ 83.28 $ 124.92 $ 166.57 10/1/2023 9/30/2024 $ 29.23 3.00% $ 85.79 $ 128.69 $ 171.58 10/1/2024 9/30/2025 $ 30.11 3.00% Not Applicable Non -Exempt Non -Prevailing Wage ScottMorris* $ 109.95 $ 164.93 $ 219.90 10/1/2022 9/30/2023 $ 38.59 - Technician/Inspector $ 113.26 $ 169.88 $ 226.51 10/1/2023 9/30/2024 $ 39.75 3.00% $ 116.65 $ 174.97 $ 233.29 10/1/2024 9/30/2025 $ 40.94 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Page 2 of 5 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10.142 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Kleinfelder, Inc. Project No. RFQ 20-111 Contract No. TBD ZPrime Consultant ❑ Subconsultant Participation Amount NTE 950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% 57.05% + 101.97% = 159.02% Fee = 10.00% 2.84922 BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate increase for Classifications Only Shawn McLaren* $ 108.27 $ 162.41 $ 216.54 10/1/2022 9/30/2023 $ 38.00 - Technician/Jnspector $ 111.52 $ 167.28 $ 223.04 10/1/2023 9/30/2024 $ 39.14 3.00% $ 114.85 $ 172.28 $ 229.70 10/1/2024 9/30/2025 $ 40.31 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Steven Martinez* $ 108.27 $ 162.41 $ 216.54 10/1/2022 9/30/2023 $ 38.00 - Technician/Inspector $ 111.52 $ 167.28 $ 223.04 10/1/2023 9/30/2024 $ 39.14 3.00% $ 114.85 $ 172.28 $ 229.70 10/1/2024 9/30/2025 $ 40.31 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Chris Rice* $ 88.35 $ 132.53 $ 176.71 10/1/2022 9/30/2023 $ 31.01 - Technician/Inspector $ 91.00 $ 136.51 $ 182.01 10/1/2023 9/30/2024 $ 31.94 3.00% $ 93.74 $ 140.61 $ 187.48 10/1/2024 9/30/2025 $ 32.90 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Jacob Collins* $ 109.32 $ 163.99 $ 218.65 10/1/2022 9/30/2023 $ 38.37 - Technician/Inspector $ 112.60 $ 168.90 $ 225.20 10/1/2023 9/30/2024 $ 39.52 3.00% $ 115.99 $ 173.99 $ 231.98 10/1/2024 9/30/2025 $ 40.71 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Kim Byrd* $ 139.21 $ 208.82 $ 278.43 10/1/2022 9/30/2023 $ 48.86 - Technician/Inspector $ 143.40 $ 215.10 $ 286.80 10/1/2023 9/30/2024 $ 50.33 3.00% $ 147.70 $ 221.56 $ 295.41 10/1/2024 9/30/2025 $ 51.84 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Michael Carmen* $ 126.22 $ 189.33 $ 252.44 10/1/2022 9/30/2023 $ 44.30 - Technician/Inspector $ 130.01 $ 195.01 $ 260.02 10/1/2023 9/30/2024 $ 45.63 3.00% $ 133.91 $ 200.87 $ 267.83 10/1/2024 9/30/2025 $ 47.00 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Vartan Deirdeirian* $ 142.32 $ 213.48 $ 284.64 10/1/2022 9/30/2023 $ 49.95 - Technician/Jnspector $ 146.59 $ 219.89 $ 293.18 10/1/2023 9/30/2024 $ 51.45 3.00% $ 150.98 $ 226.47 $ 301.96 10/1/2024 9/30/2025 $ 52.99 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Julian Calderon* $ 81.20 $ 121.80 $ 162.41 10/1/2022 9/30/2023 $ 28.50 - Technician/Inspector $ 83.65 $ 125.48 $ 167.31 10/1/2023 9/30/2024 $ 29.36 3.00% $ 86.16 $ 129.24 $ 172.32 10/1/2024 9/30/2025 $ 30.24 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Cameron Massa* $ 78.35 $ 117.53 $ 156.71 10/1/2022 9/30/2023 $ 27.50 - Technician/Jnspector $ 80.72 $ 121.08 $ 161.44 10/1/2023 9/30/2024 $ 28.33 3.00% $ 83.14 $ 124.71 $ 166.28 10/1/2024 9/30/2025 $ 29.18 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Non -Prevailing Wage Technician/Inspector* $ 100.19 $ 150.29 $ 200.39 10/1/2022 9/30/2023 $ 35.17 - $ 103.20 $ 154.80 $ 206.40 10/1/2023 9/30/2024 $ 36.22 3.00% $ 106.30 $ 159.46 $ 212.61 10/1/2024 9/30/2025 $ 37.31 3.00% Not Applicable Non -Exempt Page 3 of 5 Local Assistance Procedures Manual EXHIBIT 10-1I2 Cost Proposal EXHIBIT 10.142 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Kleinfelder, Inc. ❑K Prime Consultant ❑ Subconsultant 2nd Tier Subconsultant Project No. RFQ 20-111 Contract No. TBD Participation Amount NTE 950,000.00 Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% 57.05% + 101.97% = 159.02% Fee = 10.00% 2.84922 BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate increase for Classifications Only GENERAL PREVAILING WAGE CRAFT: BUILDING/CONSTRUCTION SOILS AND MATERIAL INSPECTOR AND FIELD TESTERS Hourly Billing Rates Effective date of hourly rate Engineering Technician (Field) Straight OT(I.5X) OT(2x) From To $ 173.86 $ 245.80 $ 317.74 10/1/2022 9/30/2023 Group 1 - Field Soils and Material Testers $ 179.08 $ 253.17 $ 327.27 10/1/2023 9/30/2024 $ 184.45 $ 260.77 $ 337.09 1 10/1/2024 9/30/2025 $ 178.93 $ 253.40 $ 327.88 10/1/2022 9/30/2023 Group 2 - Special Inspection / Batch Plant $ 184.30 $ 261.00 $ 337.72 10/1/2023 9/30/2024 $ 189.83 $ 268.83 $ 347.85 10/1/2024 9/30/2025 $ 184.63 $ 261.95 $ 339.28 10/1/2022 9/30/2023 Group 3 - Nondestructive Testing $ 190.17 $ 269.81 $ 349.46 10/1/2023 9/30/2024 $ 195.87 $ 277.90 $ 359.94 10/1/2024 9/30/2025 Hourly Billing Rates Effective date of hourly rate Engineering Technician (Field) -Special Shift Straight OT(I.5X) OT(2x) From To $ 175.28 $ 247.93 $ 320.59 10/1/2022 9/30/2023 Group 1 - Field Soils and Material Testers (Special Shift) $ 180.54 $ 255.37 $ 330.21 10/1/2023 9/30/2024 $ 185.95 $ 263.03 $ 340.11 10/1/2024 9/30/2025 $ 180.35 $ 255.54 $ 330.73 10/1/2022 9/30/2023 Group 2 (Special Shift) $ 185.76 $ 263.21 $ 340.65 10/1/2023 9/30/2024 $ 191.33 $ 271.10 $ 350.87 10/1/2024 9/30/2025 $ 186.05 $ 264.09 $ 342.13 10/1/2022 9/30/2023 Group 3 (Special Shift) $ 191.63 $ 272.01 $ 352.39 10/1/2023 9/30/2024 $ 197.38 $ 280.17 $ 362.97 10/1/2024 9/30/2025 NOTES: *Subject to Prevailing Wage - Billing rate = actual hourly rate * (1 + ICR) * (1 + Fee). -Prevailing Wage DIR Detemtination: SC-23-63-2-2020-2D - 3%annual escalation Page 4 of 5 N x 0 L A a M 0 z 0 A O F U E� U AWWWW o� oa w w U w � Cd O � O A b bn o �o �, U •O Q U O � E-� W P•, �% �1 (6 ci LP) Q � o o Ln a N a C cn C LL a o °C U Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 1 o£3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant TransMat, Inc. Project No. TBD Contract No. TBD ❑ Prime Consultant �X Subconsultant Participation Amount=Iin $950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% + SHR 110.00 % BILLING INFORMATION Fee - 10.00 % CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate increase for Classifications Only Kreetha Mechai* $ 143.22 $ 214.83 $ 286.44 10/1/2022 9/30/2023 $ 62.00 - Material Tester $ 147.52 $ 221.27 $ 295.03 10/1/2023 9/30/2024 $ 63.86 3.00% Material Field & Laboratory Testing $ 151.95 $ 227.93 $ 303.90 10/1/2024 9/30/2025 $ 65.78 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Manuel Uy* $ 138.60 $ 207.90 $ 277.20 10/1/2022 9/30/2023 $ 60.00 - Material Tester $ 142.76 $ 214.14 $ 285.52 10/1/2023 9/30/2024 $ 61.80 3.00% Material Field & Laboratory Testing $ 147.03 $ 220.55 $ 294.06 10/1/2024 9/30/2025 $ 63.65 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Ian Snyder* $ 138.60 $ 207.90 $ 277.20 10/1/2022 9/30/2023 $ 60.00 - Material Tester $ 142.76 $ 214.14 $ 285.52 10/1/2023 9/30/2024 $ 61.80 3.00% Material Field & Laboratory Testing $ 147.03 $ 220.55 $ 294.06 10/1/2024 9/30/2025 $ 63.65 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Jesus Ruben Roque* $ 124.74 $ 187.11 $ 249.48 10/1/2022 9/30/2023 $ 54.00 - Material Tester $ 128.48 $ 192.72 $ 256.96 10/1/2023 9/30/2024 $ 55.62 3.00% Material Field & Laboratory Testing $ 132.34 $ 198.51 $ 264.68 10/1/2024 9/30/2025 $ 57.29 3.00% Not Applicable Non -Exempt Non -Prevailing Wage David Valenzuela* $ 124.74 $ 187.11 $ 249.48 10/1/2022 9/30/2023 $ 54.00 - Material Tester $ 128.48 $ 192.72 $ 256.96 10/1/2023 9/30/2024 $ 55.62 3.00% Material Field & Laboratory Testing $ 132.34 $ 198.51 $ 264.68 10/1/2024 9/30/2025 $ 57.29 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Non -Prevailing Wage Technician/Inspector* $ 133.98 $ 200.97 $ 267.96 10/1/2022 9/30/2023 $ 58.00 - $ 138.00 $ 207.00 $ 276.00 10/1/2023 9/30/2024 $ 59.74 3.00% $ 142.13 $ 213.20 $ 284.27 10/1/2024 9/30/2025 $ 61.53 3.00% Not Applicable Non -Exempt City of Santa Ana RFQ 20-111 1of3 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10-112 COST PROPOSAL Page 1 0£3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant TransMat, Inc. D Prime Consultant �X Subconsultant Project No. TBD Contract No. TBD Participation Amount=lin $950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% + SHR 110.00 % Fee 10.00 % BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.Sx) OT(2x) From To Hourly Rate increase for Classifications Only GENERAL PREVAILING WAGE CRAFT: BUILDING/CONSTRUCTION INSPECTOR AND FIELD Hourly Billing Rates Effective date of hourly rate Engineering Technician (Field) Straight OT(1.5x) OT(2x) From To $ 146.63 $ 204.95 $ 263.28 10/1/2022 9/30/2023 Group 1 - Field Soils and Material Testers $ 151.03 $ 211.10 $ 271.18 10/1/2023 9/30/2024 $ 155.56 $ 217.43 $ 279.31 10/1/2024 9/30/2025 $ 150.74 $ 211.12 $ 271.50 10/1/2022 9/30/2023 Group 2 - Special Inspection / Batch Plant $ 155.26 $ 217.45 $ 279.65 10/1/2023 9/30/2024 $ 159.92 $ 223.98 $ 288.03 10/1/2024 9/30/2025 $ 155.36 $ 218.05 $ 280.74 10/1/2022 9/30/2023 Group 3 - Nondestructive Testing $ 160.02 $ 224.59 $ 289.16 10/1/2023 9/30/2024 $ 164.82 $ 231.33 $ 297.84 10/1/2024 9/30/2025 Engineering Technician (Field) - Special Shift a11 Straight OT(I.5x) OT(2x) From To $ 147.78 $ 206.69 $ 265.59 10/1/2022 9/30/2023 Group 1 - Field Soils and Material Testers (Special Shift) $ 152.21 $ 212.89 $ 273.56 10/1/2023 9/30/2024 $ 156.78 $ 219.28 $ 281.76 10/1/2024 9/30/2025 $ 151.89 $ 212.85 $ 273.81 10/1/2022 9/30/2023 Group 2 (Special Shift) $ 156.45 $ 219.24 $ 282.02 10/1/2023 9/30/2024 $ 161.14 $ 225.81 $ 290.49 10/1/2024 9/30/2025 $ 156.51 $ 219.78 $ 283.05 10/1/2022 9/30/2023 Group 3 (Special Shift) $ 161.21 $ 226.37 $ 291.54 10/1/2023 9/30/2024 $ 166.04 $ 233.16 $ 300.29 10/1/2024 9/30/2025 NOTES: *Subject to Prevailing Wage - Billing rate - actual hourly rate * (1 + ICR) * (1 + Fee). Prevailing Wage DIR Determination: SC-23-63-2-2020-21) 3 % annual escalation City of Santa Ana RFQ 20-111 2of3 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10-112 COST PROPOSAL Page 3 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Kleinfelder, Inc. Project No. TBD Contract No. N/A �X Prime Consultant ❑ Subconsultant Date 1/27/2023 SCHEDULE OF OTHER DIRECT COST ITEMS Description of Item Quantity Unit Unit Cost Total Vehicle Mileage Costs Mile per IRS rate Equipment Rental and Supplies EA at cost Per Diem EA at cost Laboratory Test Rates - per attached Subconsultants/Vendors EA at cost City of Santa Ana RFQ 20-111 Page 3 of 3 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 10% 3. Project Description: As -Needed Materials Testing and Special Inspection Services 4. Project Location: Various locations throughout the City of Santa Ana 5. Consultant's Name: Kleinfelder, Inc. 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: NTE$950,000 8. Total Dollar Amount for ALL Subconsultants: $950,000.00 9. Total Number of ALL Subconsultants: 1 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Field and laboratory testing inspection DBE CUCP #45222 TransMat, Inc. - 243 W Chestnut Ave., Monrovia, CA 91016-3315 g50,000.0 Kreetha Mekchai - 909.293.9186 Local Agency to Complete this Section $950,000 20. Local Agency Contract nli imhor• 14. TOTAL CLAIMED DBE PARTICIPATION 10% 21. Federal -Aid Project Number: 22. Contract Execution natP Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 1 /30/2023 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Dany Hanna, PE 909.736.6128 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Principal Agent 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 EXHIBIT 3 AGREEMENT WITH RMA GROUP TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS AGREEMENT is made and entered into this 18th day of April, 2023 by and between RMA Group, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 2, 2020 the City issued a Request for Proposal ("RFP") No. 20-111, by which it sought qualified consultants to provide on -call material testing and special inspection services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 20-111. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 20-111, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 20-111 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 20-111. The total compensation for services provided by all consultants selected under RFP 21-105 Page 1 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. Page 2 j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). r. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by Page 3 Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on April 18, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on July 5, 2024, unless terminated earlier in accordance with Section 21, below. The term of this Agreement may be extended for up to two (2), one (1) year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Page 4 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 5 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, Page 6 or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (vi) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Page 7 (viii) Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 8 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Page 9 information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. C. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Page 10 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Slawek Dymerski, PE, GE Vice President/Principle-in-Charge RMA Group, Inc. 1210 E. 223rd Street, Suite 319 Carson, CA 900745 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation Page 11 to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Page 12 20. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 11102. Page 13 b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national origin. In administering the City components of the Disadvantaged Business Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will Page 14 not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. 1. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or Page 15 national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits Page 16 discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, Page 17 debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Ir 1� Y �.Yllil Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B �— Y: ndon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency KRISTINE RIDGE City Manager RMA GROUP, INC. By:A_�►n�t�� Title:��r�.� Page 19 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TESTING AND SPECIAL INSPECTION SERVICES RFP NO.20-111 INTRODUCTIONBACKGROUND Under the City of Santa's Capital Improvement Program, a number of construction projects will take place in the next few years. These projects include street pavement, traffic signals, underground utilities, buildings, bridges and park facility improvements. The total value of construction is estimated to exceed $100 million. In order to maintain high quality of construction, the City intends to retain testing and inspection firms to provide quality assurance services for those projects. The selected firms are expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this RFP is to solicit proposals from quality control consulting firms for the required services. The selected consultant is expected to enter into an agreement with the City to provide services on an as -needed basis. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies, presentations, and/or reports will be subject to the final approval and satisfaction of the City. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. The City desires to enter into Agreements with multiple top-ranking firms for an initial three (3)- year term, with a City option to exercise one (1), two (2)-year extension period. The annual amount to be expended under the Agreement will vary at the City's discretion and will be dependent on available funding. City of Santa Ana RFP 20-111 Page Al-1 A. SCOPE OF SERVICES The required services shall include, but not be limited to, the following: ♦ Provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. ♦ Provide inspections for installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents. Submit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the City's Planning and Building Agency prior to start inspection. ♦ Perform tests on various construction materials as required by the City. Available tests may include the following: o Mix Designs o Concrete o Concrete Blocks o Brick Masonry o Masonry Prisms o Mortar and Grout o Fireproofing o Soils and Aggregates o Asphalt Concrete o Reinforcing Steel o Environmental ♦ Inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and fall protection. ♦ Recommend testing method on defective work and advise the City of acceptance standards. ♦ Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. ♦ Provide other quality control services as requested by the City. ♦ Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Book" and "CBC" requirements and to other concerned parties within a week after the work is performed. City of Santa Ana RFP 20-111 Page Al-2 ♦ Submit a final report to the City within five working days upon completion of each project. B. SPECIAL REQUIREMENTS Since some of the city projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' construction manual and the following: Certificate of Personnel ♦ The personnel who will conduct the sampling and testing must be certified. They can be certified by Caltrans' District Materials Engineer, by the National Institute Certification of Engineering Technologies, or by other authority acceptable by the Construction Engineer of the City to be proficient in accepting sampling and testing. ♦ A copy of each person's certificate must be on file in the office of the Construction Engineer. The certificate shall list the type of work which the individual is authorized to perform. ♦ The testing laboratory must be under the supervision of a registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel under his/her supervision. ♦ The selected firm must maintain the laboratory testing equipment in accordance with recognized national standards. ♦ The selected firm must have an independent assurance testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organization. ♦ Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of the following testing programs: ♦ AASHTO Materials Reference Laboratory (ARML) ♦ Cement and Concrete Reference Laboratory (CCRL) ♦ Caltrans' Reference Samples Program (RSP) Acceptance Testing and Sampling ♦ The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the work is completed. City of Santa Ana RFP 20-111 Page Al-3 Reporting Test Results ♦ When aggregate sample is taken in the material source, the testing firm shall submit to the Resident Engineer results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soils and aggregate samples are taken at the job site, results of these tests should be submitted within 72 hours. ♦ Results of compaction and density tests taken at the job site should be submitted within 24 hours. ♦ When samples of soils and asphalt concrete are taken at the job site, R-value and result of asphalt extraction test should be submitted within 96 hours. Independent Assurance Sampling and Testing The selected firm shall establish and maintain an Independent Sampling and Testing (ISAT) program: ♦ To verify that the project sampling and testing are performed correctly by the testers and samplers. ♦ To ensure the equipment is properly calibrated. ♦ To provide the City with a copy of the program to ensure that the program is carried out. ♦ To provide the Resident Engineer with a report indicating actions to be taken by the selected testing firm when discrepancies are found between ISAT and acceptance tests (AT). C. CITY RESPONSIBILITIES ♦ Furnish construction plans and specifications to the consultant. ♦ Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. D. SPECIAL REQUIREMENTS (ATTACHMENT 4) ♦ This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-11: Sample Cost Proposal City of Santa Ana RFP 20-111 Page Al-4 • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot. ca. gov/-/media/dot-media/programs/local- assistance/documents/lapm/ch 1 O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: http s: //dot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 20-111 Page Al-5 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) e �. r IRMA Group EveryProject Matters I www.rmacompanies.com 1210 E. 223RD STREET, CARSON, CA 90745 now. Rai I -l1. �i-- -L y t� September 30, 2020 20-1600-P Vr RMA Group Evcry Proirrl Nutte rs I ww kv. r mocompanres. cam Mr. Sean Thomas September 30, 2020 City of Santa Ana RMA Group No: 20-1600-P Public Works Agency M-36 20 Civic Center Plaza I Ross Annex Santa Ana, CA 92701 SUBJECT: RFP NO. 20-111 1 MATERIALS TESTING AND SPECIAL INSPECTION SERVICES Dear Mr. Thomas: We're pleased to present our firm's qualifications to you for this RFP to highlight our extensive experience with On -Call contracts as well as our ability to perform services that conform with local agency quality assurance programs and funding agency requirements. While there area number of consultants who are capable of performing these services, RMA Group has an unmatched combination of experienced personnel, resources, and proprietary project controls which sets us apart from our competition and uniquely positions us to assist you in successfully delivering your projects. RMA Group has extensive experience in pavement, roadway improvement, and municipal projects having provided on -call services for cities and agencies throughout the state, encompassing not only materials testing and special inspection, but also geotechnical engineering expertise. Our ability to cross-reference our knowledge on either discipline allows RMA Group the flexibility to expeditiously perform in a time and budget -effective manner. EXECUTIVE SUMMARY Our proposal will illustrate: • Our full -service laboratory's proximity to the City's service area and our staff's knowledge of local conditions and familiarity with permitting processes; • Our extensive experience executing services for on -call projects for multiple agencies and districts while maintaining our highest standards in maintaining quality control over processes and procedures; • Ourfirm's project approach to RMA Group's proven experience working with Task Orders and our availability to respond promptly to requests; and • Our project management tools that enable us to ensure our deliverables are prepared in accordance to the project specifications while controlling budgets and schedules. THE RMA GROUP DIFFERENCE RMA Group has provided a wide range of on -call services to numerous public agencies throughout California. Our clientele includes water districts, cities, counties, schools, transportation authorities, and various state agencies including Caltrans. We understand the issues that are critical to our clients and have developed proactive solutions and tools that enable us to respond quickly to requests for geotechnical services and allow us to perform the services efficiently and accurately. THE RMA GROUP TEAM will serve as Principal -In -Charge and will be supported by Mr. Raymond Roblero who will act as our Project Manager. Based out of our Carson office, Ray is knowledgeable about project specifications, materials testing and inspection requirements, financial and safety concerns, and general project approach for projects of the type listed in the scope of work. Our full -service team will be able to provide your staff with seamless execution of your task order needs with comprehensive test results. We are confident that our project profiles / statement of qualifications will prove our commitment to superior quality of service. As the Vice President of RMA Group, I am empowered to contractually obligate, clarify information, and negotiate the contract on behalf of our firm. We have reviewed the Contract Agreement Statement and have no concerns regarding the existing provisions contained in the document. We look forward to partnering with you to achieve success on your projects and we thank you for your consideration. Sincerely, Slawek Dymerski, PE, GE Vice President / Principal -In -Charge 1210 E. 223RD STREET, CARSON, CA 90745 1 T: 310.684.4854 1 F: 310.861.1117 1 www.rmacompanies.com FIRM AND TEAM EXPERIENCE INTRODUCTION RMA Group has provided geotechnical engineering, materials testing, and construction inspection services throughout Southern California since 1962. The firm has always had a strong focus on public works construction materials testing and geotechnical engineering and has participated in the design and construction of much of the infrastructure that supports growing local communities. There are three reasons in particular that the RMA Group team is the best choice for your projects: Experienced, Proactive Staff Extensive Experience on On -Call Contracts Extensive City and County Experience in Southern California A Project Manager with Experience for Processes, Task Management, and Budget Control Full -service capabilities and resources Laboratory Located less than 35 Minutes of City of Santa Ana locations. Fully Accredited and Certified to Perform Testing Required for the Contract Budget awareness Budget and Schedule Management with the use of RMA Group's own Proprietary Software that Ensures Real -Time Accounting of Project Activity Today, RMA Group has grown to become the leader in California for construction materials testing. RMA Group's local resources ensure that your projects will receive accurate, timely test results in Hours not Days: We have the current capacity to dispatch more than 160 inspectors and technicians every day throughout Southern California RMA Group owns more Nuclear Gauges than any other laboratory in California with 85 gauges available locally. We dispatch more trained soils and concrete technicians each day than any other company in Southern California. The RMA Group team is experienced in all phases of planning, design, and construction of street pavement, traffic signals,underground utilities, buildings, bridges and park facility improvements, and other related projects. Our field and laboratory resources, our knowledge and experience, and our proactive culture make RMA Group the best team for your projects. Our staff consists of registered geotechnical engineers and engineering geologists that provide our firm with comprehensive design capabilities. RMA Group's geotechnical and geologic design services include preliminary geotechnical investigations, foundation studies, fault investigations, liquefaction analysis, Phase I Environmental Site Assessments, and geotechnical and geologic review of grading and foundation plans. Our inspectors and technicians are highly qualified to perform all the services anticipated to be part of this contract. They are experienced, cross -trained, and hold multiple certifications (including NICET, ICBO, ACI, Caltrans, OSHPD, and DSA) to inspect the diverse elements of construction projects simultaneously. This allows us to provide inspection services for projects in a highly efficient manner reducing the overall cost of inspection and testing programs. Our local resources will provide the City of Santa Ana with experienced and highly qualified engineers, geologists, ICC special inspectors, public works inspectors, and soils and materials testing technicians for public works inspection. The key individuals proposed for this project have more than 25 years average experience on various major construction projects and bring a combination of skills and knowledge that will be an asset to the contract's projects. We anticipate that some projects might require outside services. In managing team subconsulants, RMA Group's Project Manager oversees the respective firm's activities that have been contracted and verifies that quality, scheduling and budgets are maintained per the project parameters. No test results, reports, or other deliverable are received by the client before it is vetted by the RMA Group Project Manager. Much like the manner in which RMA Group maintains its corporate culture of project control, quality, and efficiency, so do our subconsultants integrate their services to be a reflection of the team's processes and procedures. RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES Page 1 CITY OF SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 RMA Group Eve ry Projerf Matters I www. rmorampnnies.rom FIRM AND TEAM EXPERIENCE LABORATORY CAPABILITIES RMA Group maintains the most comprehensive state of the art laboratory resources available in California. We own and operate full -service construction materials testing facilities located in Rancho Cucamonga, San Jose, Rancho Cordova, Concord, and San Diego. Services for this contract will be delivered from our office and laboratory in Carson with back-up services provided from our office and laboratory location in Carson, CA. Our laboratory facilities are fully equipped to perform Portland cement concrete, masonry, hot mix asphalt, soils, aggregates, structural steel, reinforcing steel, spray fire -resistive materials, and geotechnical engineering application testing for any project which allows us to control the scheduling and priority of all testing and to never rely on an unrelated third party to deliver test results. Our laboratories have sample receiving areas and are equipped with moist curing rooms, fume hoods, compressed air, deionized water, and other general utilities required for certified facilities. Our moist curing rooms are walk-in storage units with controlled temperature and relative humidity. Our asphalt laboratories are at the cutting edge of the latest technologies performing mix design tests utilizing the Gyratory compactor and rut testing of asphalt mixes utilizing the Hamburg wheel tracking device. Our universal tension / compression machines run from 60k pounds to 600k pounds and are fully instrumented and equipped to test up to a number 18 reinforcing steel bars. Our laboratories are ISO 17025 accredited and approved to test mechanical couplers and welded splices and hoops for columns used in contruction. In addition to our permanent and satellite laboratory facilities, RMA Goup owns a fleet of fully self-sufficient and customizable mobile laboratories. These mobile labs are available to be mobilized to a jobsite in hours and arrive at the project site Caltrans-certified and ready to perform testing within minutes. They are fully -self sufficient with internal power and water and are capable of being moved to various locations throughout the duration of a project to maximize their efficiency. All of our laboratories comply with the requirements for laboratory facilities detailed in ASTM E-329 and are inspected biannually by the Division of the State Architect (DSA), Cement and Concrete Reference Laboratory (CCRL) and the American Association of State Highway and Transportation Officials Materials Reference Laboratory (AMRL) of the National Bureau of Standards. RMA Group continually participates in the reference sample programs offered by the CCRL, the AMRL, and Caltrans. Our testing laboratories are fully certified and we are recognized as a soils and physical materials testing agency by the following agencies: Division of the State Architect: LEA 17, 147, 205, 232,302 AASHTO Materials Reference Laboratory CCRL Cement and Concrete Reference Labora- tory » California Department of Transportation » Federal Aviation Administration » United States Army Corps of Engineers » OSHPD OPAA-0015-16 (Sacramento -area lab) RMA Group Every Projerl Matte VS I www- rmorompames.ram RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES I CITY OF SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 Page 2 FIRM AND TEAM EXPERIENCE QUALIFIED STAFF We have seasoned veterans with more than 20 years of experience who are versatile, cross -trained, and hold multiple certifications to inspect the diverse elements of construction projects simultaneously. This allows us to provide inspection services for projects in a highly efficient manner reducing the overall cost of inspection and testing programs. RMA Group constantly invests in educating our inspectors and technicians to be fully certified in many of the different phases of construction. This provides a continuity of personnel during all phases of construction that enables them to have a broadened range of project understanding. Our special inspection services include, but are not limited to, the following. • Reinforced Concrete and Reinforcing Steel • Post -Tensioned Concrete • Foundation Inspection • Structural Masonry • Wood and Timber Construction • Seismic Retrofit Inspections • Soil Compaction • Asphaltic Concrete • Shotcrete • Structural Steel, Welding Inspection and Testing • Shop Fabrication QC Audits (Source) • Fireproofing and Coatings • High Strength Bolting • Roofing Inspection • Torque and Pull Testing • Floor Flatness Testing • Floor Level Survey • Glu-Laminated Inspections • Shear Wall Nailing and Bolting Inspections • Non -Destructive Testing (NDT) We will assign a team of senior -level individuals with direct relevant experience in materials testing and inspection services that understands the unique nature new construction and modernization projects. Their experience grounds them with an understanding of the complex and often time -sensitive nature of project directives. Each member will have specific areas of responsibility to manage and carry out all aspects of this contract. RMA Group staff are available immediately for providing all services needed for this contract. 04 JE ----------------- PR -CHARGE PROJECT • ROBLERO KEN DOWELL, PG, CEG, QSP PRINCIPAL GEOLOGIST JACOB PEREYRA STAFF GEOLOGIST JENNIFER MOORE JERRYLEYBA FRANK GONZALES TROY RAY BRENT CARROLL LOUIS RILEY AMBER ELLINGSON MICHAEL COUTURE CARL BACHLER, PE LAB MANAGER MARTA LANDAVERDE LAB SUPERVISOR CALIFORNIA TESTING & INSPECTION RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES Page 3 CITY OF SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 RMA Group Eve Pr' rie l MateFS I W W W_ rmorampnnies.Com FIRM AND TEAM EXPERIENCE ASSIGNMENT OF KEY STAFF The strength of our team lies in our people. Our proposed team for this contract consists of our most experienced and capable staff. The key individuals proposed for this project have worked for a decade or more on various municipal capital improvement projects and bring a combination of skills and knowledge that will be an asset to this project. Materials testing and special inspection for the City of Santa Ana will require a team that can consistently provide accurate, reliable, and timely services. This will require a consultant who thoroughly understands the project and their role in the overall construction management team. Through our past work with on -call projects of a variety of sizes, magnitudes, and scopes/work orders as with the City's proposed contract, we recognize that your Construction Management team and staff have carefully planned budgets in order to maximize your construction dollars. Each of our proposed inspectors are capable of exercising considerable independent judgment, evaluating a wide range of engineering data, and supervising all work activities involved in field and laboratory testing in order to provide a complete and thorough project close-out for the City. MR. SLAWEK DYMERSKI, PE, GE provides corporate leadership as the Principal -in -Charge to ensure that RMA Group's pledge to service, professionalism, and technical expertise is delivered consistently throughout a project. Slawek is available to your staff to help identify project needs, allocate additional resources, and provide any assistance necessary to ensure successful completion of the City of Santa Ana's projects. MR. RAY ROBLERO will be your dedicated Project ManagerforRMAGroup'sservices and you rsinglepoint of contact for the City's team. Ray will be responsible for coordinating all required manpower, laboratory tests and analyses, and project documentation. As Project Manager, he will be responsible for budgets, schedules, and deliverables and will track the project deliverables and ensure schedule adherence as well as quality in all aspects of RMA Group's work on these projects. MR. KEN DOWELL, PG, CEG will support the team for any geologic or seismic issues that arise during the term of the contract and will execute the field sampling and logging of borings during geotechnical explorations for the project. He will collect site -specific subsurface soil and groundwater information. He will provide field consultation during construction on an as needed basis to address soil conditions that may impact construction. MR. CARL BACHLER, PE, will serve as Laboratory Manager for the project and will oversee all laboratory testing activities. Carl has priorand ongoing experience working with materials testing for geotechnical as well as other municipal and transportation projects. His familiarity with related code requirements for testing of construction materials allows him to know exactly what to look out for during materials testing in the laboratory. Carl will communicate directly with other team members on the contract's projects, promptly informing them of test results or any potential problems encountered with the construction materials. SPECIAL INSPECTORS & FIELD TECHNICIANS Our field staff have been with RMA Group for varying years ranging from two years to more than a decade. They will provide field observation, sampling, documentation, and testing of all soil, concrete, sphalt, and other tests requested by the City, as needed, per each task order. Our staff will also include geotechnical technicians for all soil applications and geotechnical investigations. Our lead inspectors are handpicked for specific projects based on their experience and certifications and how well those match up to the requirements and construction elements on each project. Vr RMA Group Evcry Project Mattel's I www. rmorompanies.ram RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Page 4 UNDERSTANDING OF NEED UNDERSTANDING & SCOPE OF WORK Our proposed scope of work will consist of providing on -call materials testing and inspection services on an as -needed basis. We understand that the testing and inspection services will be required to support various construction projects for street pavement, traffic signals, underground utilities, buildings, bridges and park facility improvements. The scopes of work necessary to successfully complete these construction projects are further detailed herein. RMA Group has developed a highly successfully project approach and strategy working on a variety of on -call projects by using our effective and detailed management system. The design of this system will ensure open and timely communication between the City and its representatives and RMA Group staff. It will expedite the timely response for service requests, RFIs, and change notices and will manage the prompt reporting of all field and laboratory results. Above all, it will deliver a strict cost management practice to complete this project within the City of Santa Ana's budgets. PRE -CONSTRUCTION ACTIVITIES Prior to the project commencing, our Project Manager, Ray Roblero, will review the approved project documents. During this review, he will formulate a quality control approach for staffing inspectors and material testing. Once completed, this plan will be discussed at the pre -construction jobsite meeting with representatives from the City, City's Construction Management Team, and the contractor. Our Project Manager, inspector, and any other necessary key personnel will attend this meeting. It is understood that site inspectors do not have the authority to authorize project document changes. Any proposed changes will be coordinated with the lead inspector or Project Manager. They will communicate the proposed changes to the City's representative. Our staff assigned to this project will have valid identification, insurance, required certifications, transportation to project site, and mobile phone for communication. SERVICES DURING CONSTRUCTION Our firm will provide inspection and material testing services during construction throughout the duration of the project. The tasks are outlined below in subtasks A— D. Subtask A: Our assigned personnel will attend jobsite meetings and coordinate inspections and material testing as requested by City representative. When requested, our Project Manager or lead inspector can assist the City in reviewing the contractor's invoices to verify completed work progress at the end of each month. This will include monitoring and providing supporting documentation for extra work completed by personnel / equipment in support of a change order. On -call inspections services and material testing activities will be completed to ensure the project is constructed in compliance with the project documents and standards, including any project change orders. During this process, inspectors will review and inspect the Contractor's work. Observation of survey layouts, line, elevation, and gradewill be included, as requested. Our lead inspectors will monitor for corrective actions by contractor to fix work non -compliant work. During and nearing completion of construction, our inspector will prepare and inspect punch -lists for any corrective actions necessary to ensure all red - lined drawings / plans were incorporated during the construction of the project. Subtask B: The assigned personal (e.g. Project Manager, Field Operations Manager, and Inspectors) will complete daily field inspection reports on electronic forms approved by the City. These reports will be distributed to the project or uploaded into a file share service as -needed. The daily inspection report will document observations and identify work completed by contractor. The lead inspector will complete a monthly progress report of pictures documenting the project's progress. All reports and photos will be uploaded to the City's preferred documentation system. Subtask C: Our Fields Operation Manager, Lead Inspector, and Dispatchers are equipped with mobile phones and can be contacted for emergency situation. Prior to project beginning, these numbers will be provided to the City representative and contractor. As a standard project start up procedure, the lead inspectorwill assist the City with verifying the contractor has up to date health standards and safety program in place, including a COVID-19 safety plan. During the course of this project, if a safety issue is observed, the Lead Inspector will document the observation and notify the Contractor. The Lead Inspector will assist the City in reviewing the Contractor's regulatory RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES Page 5 CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 ,r+ RMA Group Eve ry Projerf Matters I www. rmorampnnies.rom UNDERSTANDING OF NEED permits and mitigation measures are in compliance with project documents. Subtask D: Along with special inspections, the project will require material testing. Inspectors will ensure accurate samples are taken in accordance with project documents. The material samples will be transported to our certified laboratory and assigned a project specific bar code for tracking and controlling purposes. According to the RFP, material testing is required for concrete, masonry, asphalt, soils, base materials, reinforcing steel, fireproofing, environmental and non-destructive testing on paint coatings (on - site and fabrication shop). Once material testing is completed, the test results will be provided to the City representative and contractor. RMA GROUP'S SUGGESTIONS TO ENHANCE THE CITY'S OBJECTIVES RMA Group's inspectors and staff are cross -trained and hold multiple certifications. This allows our staff to dispatch an inspector who is experienced, multi - disciplined, and capable of performing multiple tasks. As a result, we are able to reduce the overall inspection hours resulting in cost and time savings for the City. Additionally, our inspection staff is highly experienced in projects with similar scopes. They utilize their experience to not only verify code compliance but also to assist in anticipating forth coming issues, so that they can be handled in a proactive fashion. PROCESS AND APPROACH Our process utilizes an effective and detailed management organization and state-of-the-art project controls to ensure open and timely communication between the City of Santa Ana, its representatives, RMA Group, and our staff. Our approach will expedite the timely response for service requests and will manage the prompt reporting of all deliverables while delivering a strict budget management practice to complete the City's project with a high level of cost-effectiveness. Our staff will be readily available to accommodate last- minute requests for testing and inspection services in the field and / or our laboratory. With our laboratory capabilities and large staff of engineers, RMA Group has the proven ability to rapidly respond to the City's requests, complete the requested materials testing and inspection services, and furnish complete reports within strict timetables. We are and will remain available to commence work on your project within 12-hours of notification by authorized City personnel and in an emergency situation can accommodate a request within two to four hours. Additionally, we will maintain an emergency contact list so City personnel will always know who to call in emergency situations. Our depth of knowledgeable personnel together with our dedication to the City's project, make us the ideal candidate for providing the as -needed testing and inspection services. Our professional staff will actively coordinate our services with the City's representatives and / or Inspector regarding scheduling requests, testing turnaround times, results, and interpretations of results. The results of all tests will be reported in the appropriate procedure for the City and will be properly documented and filed in accordance with best industry practice. RMA Group will provide services inclusive of all elements necessary for a turn -key program. PROJECT COORDINATION Mr. Ray Roblero, our Project Manager, will be involved during the project start up. Information obtained from the City, during the initial notification call and our subsequent communication with the City's Inspector will be used to properly staff the project and keep track of the anticipated budget utilization. During and immediately following the initial notification, we will gather information with regards to: Anticipated scheduling and staffing requirements. Key construction elements schedules and critical deadlines. Roles, responsibilities and contact information of project team members. Unique requirements or aspects of the project. Any modifications to the Operational Procedures contained in the Request for Proposals. The information taken from the initial notification call will be used to develop final schedules for deliverables that clearly reflect all of the project requirements and the City's r� RMA Group RFP NO: 20-111 I MATERIALS TESTING &SPECIAL INSPECTION SERVICES EvcryProject Matters Iwww.rmorompenres.ram CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Page 6 UNDERSTANDING OF NEED expectations. Our Project Manager and staff will also be available to attend other meetings during the course of work, as needed. Proactive communication approach will be used when coordinating with City's consultants: architect, engineer, construction management firm and general contractor. The following sections contain a general outline; based on the information we currently have, of how our key staff members would complete our services under this contract. MATERIALS TESTING & INSPECTION SERVICES Materials testing and inspection is processed through groundwork that is laid out before your project ever begins. When RMA Group receives the notification from the City to proceed with a project, we will immediately put into play the strategy and an approach that was previously discussed in this section. Our team will review project plans, specifications, estimates, and relevant codes and standards to familiarize ourselves with the project demands. IMPLEMENTING STAFF After the City has reviewed and approved our cost estimate proposal, we will set the contract up in our project management software as a new project. The City will communicate inspection and testing requests directly to our project managerand project coordinator. The RMA Group team will review the request and decide which City -approved inspector or technician is best suited for the work and for the project, and whose personality will be most likely to fit in with other project team members. RMA Group employs more than 160 certified technicians and inspectors locally and more than 200 overall who hold licenses and certifications to perform inspection and materials testing. We have many inspectors licensed to successfully support the City's project. In the event that the City is even remotely unsatisfied with the performance or behavior of an RMA Group team member in the office, field, or laboratory, that team member will be immediately be removed from further work on City's project and we will have a discussion with the City on who will be best suited to replace the individual and how we can identify the specific problem and implement practices to avoid similar problems in the future. Although this happens with extreme rareness, we are prepared to deal with such events to maintain the highest level of client satisfaction. With the large size of our staff, there will be no delay in finding replacements for any personnel who are removed from your City project. Our electronic documentation system combined with your Project Wise Construction Management system and close oversight by the project manager and field director will assure continuity of ongoing work product quality and project schedules. RMA Group constantly invests in educating our inspectors and technicians to become and remain fully certified in many of the different phases of construction. This provides a continuity of personnel during all phases of construction that enables them to have a broadened range of project understanding. RMA Group is fully capable of providing all of the specific services listed in the Request for Proposal. BUDGET CONTROL In the event that personnel are scheduled for work that was not included in the original proposal, our proprietary software will send an automatic email notice to the Project Manager and key team members. This instant notification allows for rapid communication between RMA Group and the City to guarantee that any work outside the original scope will be agreed upon before it happens. It is a proactive approach to project management that allows us to discuss and resolve extra work or change order issues before they become a problem. RMA Group field personnel will arrive on -site with their daily report, certifications, equipment and safety gear, and instructions from the project team. Field personnel work will vary drastically depending on the type of project and which elements are being inspected or tested, but they will always fill out their daily report after the work is complete and have it signed by an authorized representative on -site. This allows any discrepancies in time worked or issues encountered on site to be resolved on the project site, same day, rather than having to debate over them in the office weeks or months afterward. Daily reports will be distributed, where applicable, to on -site supervisors or representatives, to a field file, and to the RMA Group office. RMA Group office personnel scan the daily report, which has a unique report identification number and a barcode, into our proprietary software where it can be instantaneously RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES Page 7 CITY OF SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 RMA Group F: C!] Prvecr Matte FSIwww.rmorampnnies.rom UNDERSTANDING OF NEED recalled by any team members, any time. When conducting inspection, our inspector will show up on site, inspect the work, complete his daily report and have it signed, and leave. When conducting materials testing, our technician will do the same except that he will perform field tests using calibrated testing equipment for which he or she is certified. SAMPLING AND TESTING OF MATERIALS Field testing technicians will also typically need to perform sampling, whether it be bags of soil, cylinders of concrete, or anything else the specifications and codes require. Sampling frequencies and sample quantities will be in accordance with relevant specifications, but RMA Group can always sample additional material at the request of the City. Construction material sampling will be performed on the project site or at the separate production facility, where applicable, in accordance with project specifications, codes, and standardized test methods. RMA Group takes great care in sampling, transporting, and storing samples before they are tested, as even slight disturbances to a sample can ultimately cause variations in test results. Some materials, such as soil, can be transported to our laboratory immediately after sampling. Other materials, such as concrete, must remain on site to allow for required field curing before they can be handled and transported. Upon test completion, the raw laboratory test result sheet will be reviewed by laboratory supervisors and logged out of our LIMS system. Once logged out, it can be recalled instantaneously in LIMS by RMA Group project team members at any time. Logged out tests will also be automatically entered into our project management software to appear on the next invoice to the City. The project manager is notified when test results are complete, and our professional staff delivers a formal report of the results to the project manager for review. Once approved by the project manager, laboratory test reports are submitted to the City. CONSTRUCTION SPECIAL INSPECTIONS All special inspectors dispatched to City of Santa Ana projects will be properly certified and will have a minimum of five years of experience working in the City of Santa Ana and surrounding areas. All inspectors and technicians dispatched by RMA Group are full- time employees that have been properly trained on our quality control procedures. Asphalt inspection and compaction testing will consist of materials testing of asphaltic concrete used in the construction of private roadway and parking area improvements. These services will include monitoring the temperature and rolling procedure and the determination of the in place density testing of asphalt concrete using the nuclear gauge (ASTM D2950). Laboratory testing will be performed to determine the laboratory test maximum density of the asphaltic concrete in accordance with ASTM D2041. A written report summarizing the results of all tests performed will be prepared upon completion of the work. Fireproofing Inspections will be performed by an ICC certified inspector during the application of sprayed fire resistant materials. The certified inspector will perform periodic inspections to verify that the substrate to receive fire resistant coatings has been properly prepared and is at the correct temperature. He will monitor the thickness of the application to verify the minimum thickness is achieved and will make periodic inspections to verify the condition of the finished application. Our inspector will obtain field samples of the fire resistant materials and return them to the laboratory for density determination in accordance with ASTM E605. Written reports of all tests presenting applicable information would be prepared at the completion of testing. Masonry inspections will be performed by an ICC certified special inspector during the placement of the masonry work, reinforcing steel placement, and grout placements. He will perform periodic inspection of the masonry work for fit up, jointing and the general details of the work being constructed. He will provide periodic inspection to verify the proper size and placement of reinforcing steel and embedded anchors. Our inspector will provide continuous inspection during the placement of grout and mortar to verify proper application techniques. Our inspector will sample fresh grout and mortar to obtain samples for strength testing. Reinforcing steel inspections will be performed to give assurance that the supplier is exercising satisfactory control over production, fabrication and placing of reinforcing to ensure compliance with the project specifications, applicable codes and industry standards. We will provide an ICC certified special inspector to perform inspection of the concrete form work and reinforcing steel placement. The field inspector will perform inspections of the formwork for shape, location and dimensions of the concrete member being formed. The field inspector will also RMA Group RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES EvcryProject Matters Iwww.rmorompenres.ram CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Page 8 UNDERSTANDING OF NEED provide inspection to verify the proper size and RMA Group staff will be able to very quickly reproduce placement of reinforcing steel and embedded anchors. any relevant reports or laboratory test results using LIMS, reducing delays that otherwise might result We will also verify steel mill test reports, sample material (if required), and inspect the fabrication. Written progress reports will be provided. Reinforced concrete inspections will be performed continuously during the placement of concrete to verify that the class of concrete ordered is being delivered and conforms to the specifications, drawing and/or code requirements. Slump tests, entrained air, temperature, unit weight (when required) and concrete sampling will be performed during all concrete placements. The samples will be delivered to our local laboratory, cured in a controlled environment and tested for compression strength. Structural steel and welding inspections are performed to assure that proper quality control is exercised at the shop and field. The certified welding inspector will perform inspections before, during, and after welding. We will provide an inspector that has been certified by County of Las Angeles for welding. The observation would consist of inspection of all welds made in the shop and / or field for compliance of the approved plans and job specifications. The inspector shall make a systematic record of all welds, including a list of defective welds and a manner of correction of defects. The inspector will check the material, equipment, details of construction and procedures, as well as the welds. Our inspectorwill perform inspection during fit up and fabrication of structural steel to verify the materials utilized are properly marked and traceable. The inspector will collect mill certifications for the materials and inspect joint details to verify conformance at each connection. Non Destructive testing of the completed welds will be performed as required. The inspector may use Ultrasonic(UT), Magnetic Particle(MT) or Dye Penetrant(PT) as appropriate to inspect completed welds and assure the adequacy of the welding PROJECT CLOSE-OUT Upon project completion, the City may need closeout documents or testing professional staff will be able to recall all daily inspection reports and all laboratory test results using our LIMS software. This allows for easy access to information and inspection summaries. Our testing and inspection summaries for the entire project can be put together efficiently. If there are any outstanding issues as the project comes to a close, from having to track down physical files. QUALITY ASSURANCE AND QUALITY CONTROL Quality is an intrinsic part of RMA Group's operations. It is the first topic on every management agenda, and it permeates the daily activities of every employee. Our internal Quality Control program reflects our specific commitment to go beyond mere compliance with basic requirements. The program is a major piece of RMA Group's mission: to provide quality laboratory testing services meeting a broad range of our clients' needs. The objective of RMA Group's Quality Control Program is to ensure that the test data we provide meet our clients' quality objectives. In most cases, the aspects of quality that concern our clients most are the accuracy, precision, and completeness of our test results. We maintain control of our test results through the use of technical oversight by registered civil engineers, internal audits of project documentation, our continual participation in reference sample programs and through training and proficiency evaluations for all of our technical staff. All of the field and laboratory tests performed for projects will be performed under the responsible charge of a registered civil engineer who will provide technical oversight of RMA Group's field and laboratory activities. Technical oversight includes reviewing test data and reports for precision, accuracy and completion and monitoring the procedures and equipment utilized to perform testing to verify conformance with relevant specifications. Laboratory staff is directed to immediately report unusual observations or findings to the engineer in responsible charge of the laboratory. This allows the engineer to evaluate the test procedure and results and make a determination regarding the validity of any unusual findings. I RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES Page 9 CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 ,r+ RMA Group Eve ry Projerf Matters I www. rmorampanies.rom RELEVANT PROJECT EXPERIENCE FOX STREET TANK PROJECT I PERRIS, CA Owner: Eastern Municipal Water District (EMWD) Contact: Fermin Balvaneda 1951.928.3777 Project Status: 2016 - 2019 Construction Cost: $3.5 Million Part of RMA Group's on -call contract with EMWD, we provided grading observation and testing, special inspection of reinforced concrete construction, and other lab testing as needed for this 1MG tank installation and valve/pipeline connection project. NEW WATER QUALITY LABORATORY I CHINO, CA Owner: Inland Empire Utilities Agency Contact: Jerry Burke 1909.993.1548 Project Status: 2016 - 2018 Construction Cost: $17.8 Million RMA Group observed and approved the preparation of existing ground, observed placement, processing and compaction of fills, performed field compaction tests of the processed existing ground and fills, laboratory testing on soils, and prepared a comprehensive geotechnical report for this project. PITCHESS DETENTION FACILITY RENOVATIONS/ IMPROVEMENTS I LOS ANGELES, CA Owner: County of Los Angeles Contact: Greg Johnson 1 626.458.1741 Project Status: 2019 - 2020 Construction Cost: $15.5 Million RMA Group provided soils inspection and testing for excavation and backfill and special inspections and testing for reinforced concrete, masonry, steel fabrication, and anchor installation for this jail renovation project. PHILLIPS RANCH ROAD / SR60 IMPROVEMENTS I POMONA, CA Owner: City of Pomona Contact: Matt Pilar 1909.620.2261 Project Status: 2019 - 2020 Construction Cost (total project): $107 Million RMA G roup provided soils compaction testing for the backfill of subgrade soils for the replacement concrete ramps, curbs, gutters, and sidewalks within the Caltrans right-of-way, part of an overall SR60 improvement project. CAMERON AVENUE PAVEMENT REHAB I WEST COVINA, CA Owner: City of West Covina Contact: Miguel Hernandez 1 626.939.8400 Project Status: 2018 Construction Cost: $950,000 RMA Group provided construction inspection and testing for quality control of the pavement rehabilitation conducted installing rubberized asphalt concrete, repairing damaged curbs, gutters, and sidewalks, adjusting ramps, and all appurtenant work. 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O J O C 'F O .0 " w w C 0 O O Z Q 2 2 m a O +j � 'F � u QU¢ c vW Eo c on cu > J Z u Q °p'a' Q E o c ZOV �a'vw 3: 0EL.�am o c c s W Q U .macNv w .F u.F v J Z e`o C L o o E a m Q> 0 m- N a w A p n O E o '� v Y H w u ccG c� E- Ln Q w > oco - E o a a .� N w e Z— E---- �'o 2 o 2 O LOU o r v o nd > u E v o .~°� eo in 'Av W io $ 3 w A E c Ep' ,E c 'm - L Z O O w `*�' N p O_ C O Z YU J H 3.G -E w c J W p v E a E E8 WE o m c> Q F J u oywno u o o£ "ca,QL Y V Y m .2N H L aL+ aL+ a ¢ v u a W V O ~ Z N O� Z C z. am OC Q W N m Z N QI- N Z LL LU OE } W H > Z O O a v� =:i9 .o loll E f loll o o o loll iFloll o loll loll i SCHEDULE OF DELIVERY STAFFING AND RESOURCE MANAGEMENT PLAN Since our daily operations are customer service focused, we have an excellent reputation for responding to urgent and last minute client requests. All involved in a construction process would prefer to follow a set schedule of work; however, anybody who has been involved in a construction process knows that rarely does work progresses in strict accordance to the schedule. Therefore, we fully expect that urgent or last minute requests from the City will occur and are prepared to accommodate them. All of our staff, from the Principal -in -Charge through our Dispatcher and the field staff, are fully dedicated to accommodating such requests to eliminate any negative potential impacts to the project schedule or cost. Additionally, our employees are provided company vehicles so travel is never an issue. Even out of state inspections may be performed easily by our staff or one of our associates located at the out-of-state locations. REFERENCES COUNTY OF SAN BERNARDINO 825 East Third Street, Room 117 San Bernardino, CA 92415 Medhat Matta I Pavement Management Engineer 909.387.2060 RMA Group was chosen to provide on -all geotechnical engineering services to the County of San Bernardino. 2016 - Ongoing COUNTY OF LOS ANGELES 900 South Fremont Avenue, 8th Floor Alhambra, CA 91803 Greg Johnson I Project Manager 626.458.1741 RMA Group has been providing on -call services to the County of Los Angeles since 2011. Services include geotechnical engineering, materials testing, and special inspections. 2011 - Ongoing CITY OF LONG BEACH 333 S. Beaudry Avenue Los Angeles, CA 90017 Marc Wright I Construction Service Officer 562.570.5791 RMA Group is providing on -call services to the City of Long Beach. Services include materials testing, and special inspections. 2016 - Ongoing RESPONSIVENESS We will provide certified personnel to perform the inspection, testing, oversight, and reporting as required. In order to provide timely responses to testing requests RMA requests a 48 hours of notice prior to inspections/testing. RMA Group is fully prepared to provide resources within 24 hours notice. We understand sometimes circumstances arise that may not allow for advanced notice and RMA will always strive to provide as quick of a response as possible to all project requests to limit any delays in progress. RMA Group will provide onsite testing and laboratory testing services in conformance with the City's QAP, Caltrans standards, and other oversight agency standards to ensure that schedules and frequencies are met for data results and distribution to your City's construction team. RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES Page 13 CITY OF SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 RMA Group Eve T-.v Pn�ieclMaterSIWWW_rmocampanies.com EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL �a � o i � e rr�11 V Y FU U O O � U x w E� t~ N c 01 01 11 2 N A 0 z z aU Y C4 'C 0 U 0 w 0 e e a 4 O N O N N N o iL iL CL CL LL U Z r�OO O Z O Z O Z r�O Z o a. u° 0 0 0 0 0 5H ti O O O O O z z z z z� O U 0 vVi vVi vVi rVi, rVi, O O O O O 9 Q' m0 kn O00Gn 00 O O In vl 6�9 L O sO.i y3 Q .4 N O N O N O N O N O N O N O N O N O N O O w 0 ° cn N m N N cn N N m N N m N N pN N 0 M O M O M O m O m WFr w W o 0 0 0 0 O M l� M CT h N N Cn CA N 00 ti O N N 69 69 b9 69 64 O m r- M D r N 0 00 6N9 69 69 b9 69 x o cn r m a l� N N N O c� N 00 .� � 69 69 Is 69 V3 69 O O .O O w .N A un a ca pW" W a, PWr U Pl0lj O. z U A �RMA Group EveryProjectMatters www.rmacompanies.com RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION I Page 2 SERVICES CITY OF SANTA ANA 120-1600-P JANUARY 30, 2023 o cd U U U U U U U U U a a E a a a ac', a z z z z z z z z xw o 0 o O O o o O O O O o o O O o o O O O O O O O O O O o o O O o o O O O O 4 4 6569 6969 o� U o •� 00 00 00 �o �c �c �c �o �0 0 0 0 00 00 00 .• -It -� -� -� 00 00 00 b`O�q n v'i r MMM OOO 7 0\ M r N �c O Vl O� M ;;- � 01 My 7 M 7 7 7 Vl 7 7 � V'l wl W1 L 69 69 69 69 b4 64 69 &5 69 6s 6e 69 69 69 69 6q 64 69 Qs 69 69 69 69 69 69 69 69 O � U M 7 h M 7 M M M M N M N M M 7 N N N N N N N N N N N N N N N N N O O N N N N N O O O N N N N O O O N N N N O O O N N N N N O (=> O N N N N O O Cl N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 01 0 0 01 0 0 01 0 0 01 O O 01 0 0 01 0 0 01 0 0 01 }•' O M M N M M N M M N M M N M M N M M N M M N M M N M M N "O "O IC �c �c �c �c"O �O O �0 �0 �c O O O �c �c �c"O O O O 'O �0 O O O �c �c �c O O O w 0 U N N N O O O N N N O O O N N N O O O N N N O O O N N N O O O O N N N O O N N N O O O N N N O O O N N N O O O y N N N N N N N N N N N N N N N O N N N N N N N N N N N CFi F. M O O M O O M O O M O O MOO � 0 0 M O O M O O M O O wk, W o 0 0 0 0 0 ,�rr-�r� 0 0 0 0 0 0 -err 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O 00 O N O r N N -,I- N w 7 N 00 c1 N 00 - i 7 r� l0 01 M W) l� -�ll l0 r N 1�0 DO M `0 00 -11, r 01 V'1 Vn 00 O 1 O 00 Ic O --i M O r — M r- r- 1!11 01 M kn N� N N N N N N N N N '••+ — -•� -•+ N -•� N N — N N -� N N U O 69 Is 6A fA 64 69 69 6A 69 64 64 6s 69 69 64 69 6969 69 69 69 69 69 69 6q 6F3 69 V'l l� N 00 M O1 Vl r M O N 00 00 N w N 01 V1 '0 1.0 N M 01 . cc 7 M M O1 M M N M V1 l0 V1 l0 00 00 00 M N --i l� O M N 00 01 N Vl DD N_ M N F� l� O O DD O o0 O fV b4 64 69 O M T 69 64 69 69 69 69 69 69 69 69 69 69 6A 69 69 69 69 69 69 69 69 69 69 69 --� h � V1 r� -•+ V'� O� V1 M O 7 O, M a1 _ M C!1 � N a0 00 N V'l a1 Vl N � 41 00 r- � Fri � m N M N rq � O D1 � V'1 00 l- 01 I07M CnN O — 0000 \0 N_O O_ r0 SO 69 69 69 69 69 6s 6A 69 r;; 69 69 6R 69 r;; 6s 69 69 69 0 j 69 69 65 69 69 69 69 69 69 U U * N M •' iE 9F 9E 9! iF F O O O ,O •O •O •O •O •O C7 � L7 O ti P-� P, P•, P, P-� Pr N C C C U U U U U U N N N O z � N N N N U N -- N M WRMA Group EveryProjectMatters www.rmacompanies.com RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION I Page 3 SERVICES CITY OF SANTA ANA 120-1600-P JANUARY 30, 2023 El ¢ H H N �[� 0 0 U c u W O Ca LWL L� � � F 0 U H o � A � � 0 z cl W O U cl � P64 � H a �o � Q A � W U W � OF CU O � CO CV O N H N C6 E U O z � � p N � a W Q � � �RMA Group EveryProjectMatters www.rmacompanies.com RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION I Page 4 SERVICES CITY OF SANTA ANA 120-1600-P JANUARY 30, 2023 II U II U O O N N O � O � U M O � N Q II U II U O O O � O � � d w CIO d u � L •L II C Pr � A � � d a O � � C � u W rn O u Ho wv d d U v� E� CC Phi W O z z d a O �,ram` RMA Group EveryProjectMatters www.rmacompanies.com RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION I Page 5 SERVICES CITY OF SANTA ANA 120-1600-P JANUARY 30, 2023 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal EXHIBIT 10-I-I2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11..23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. rime Consultant or Subconsultant Cert Name: Slawek Dymerski Signature : �-^�/ "i Title*: Vice President Date of Certification (mm/dd/yyyy): 01/30/2023 Email: sdymerski@rmacompanies.com Phone Number: 909.989.7151 Address: 1210 E. 223rd Street, Suite 319, Carson, CA 90745 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Materials Testing and Inspection Services Page 7of9 January 2023 ; r- k RMA Group EvcryProjectMatters www.rmccompanies.com RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION Page 6 SERVICES CITY OF SANTA ANA 20-1600-P JANUARY 30, 2023 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 10% 3. Project Description: Materials Testing and Inspection Services (MTIS) 4. Project Location: City of Santa Ana (Citywide) 5. Consultant's Name: RMA Group 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: NTE $950,00( 8. Total Dollar Amount for ALL Subconsultants: $950, 000.00 9. Total Number of ALL Subconsultants: 10. Description of Work, Service, or Materials 11. DBE Certification 12. DBE Contact Information 13. DBE Dollar Supplied Number Amount Additional MTIS Services 37594 California Testing & Inspection 950,000 Fabiola, PE - 213-748-4900 Local Agency to Complete this Section $ 950,000.1 20. Local Agency Contract Hiimhcr- 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: 10 22. Contract Execution natP Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. n 01 /27/2023 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Slawek Dymerski, PE, GE 909-989-1751 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Vice President 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original -Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 EXHIBIT 4 FIRST AMENDMENT TO AGREEMENT WITH AESCO TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into April 18, 2023, by and between AESCO, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RVCITAIN A. The parties entered into Agreement No. A-2021-01 ("Agreement") dated July 6, 2021, to retain qualified consultants to provide on -call materials testing and special inspection services for the City's Public Works Agency. B. Consultant is one of three Consultants which were awarded Agreements with the City for the services defined in the Agreement. Each Consultant was retained to share an aggregate compensation pool, under the terms of this Agreement, which is current and in -effect through July 5, 2024, with available options to extend the Agreement. C. The parties now wish to amend the Agreement to increase the aggregate compensation of the Agreement to accommodate additional upcoming projects for which the Consultant can provide quality assurance and testing services for these projects. The Parties therefore agree: 1. Section 2(a), Compensation, is hereby amended to increase the total aggregate total to be expended under the term of the Agreement, including any extension periods, by $1,000,000. The total non -to -exceed amount for to the aggregate amount available to all the retained consultants shall be $2,000,000. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. [signature page to follow] Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Jennifer Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Br n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager AESCO, INC. By: Adam Chamaa, Vice President Title: Page 2 of 2 EXHIBIT 5 FIRST AMENDMENT TO AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into April 18, 2023, by and between Kleinfelder, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RFC1TAT,C A. The parties entered into Agreement No. A-2021-02 ("Agreement") dated July 6, 2021, to retain qualified consultants to provide on -call materials testing and special inspection services for the City's Public Works Agency. B. Consultant is one of three Consultants which were awarded Agreements with the City for the services defined in the Agreement. Each Consultant was retained to share an aggregate compensation pool, under the terms of this Agreement, which is current and in -effect through July 5, 2024, with available options to extend the Agreement. C. The parties now wish to amend the Agreement to increase the aggregate compensation of the Agreement to accommodate additional upcoming projects for which the Consultant can provide quality assurance and testing services for these projects. The Parties therefore agree: 1. Section 2(a), Compensation, is hereby amended to increase the total aggregate total to be expended under the term of the Agreement, including any extension periods, by $1,000,000. The total non -to -exceed amount for to the aggregate amount available to all the retained consultants shall be $2,000,000. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. [signature page to follow] Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Jennifer Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Br n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager KLEINFELDER, INC. By:Dany Hanna Title: Vice President Page 2 of 2 EXHIBIT 6 FIRST AMENDMENT TO AGREEMENT WITH RMA GROUP, INC. TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into April 18, 2023, by and between RMA Group, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2021-03 ("Agreement") dated July 6, 2021, to retain qualified consultants to provide on -call materials testing and special inspection services for the City's Public Works Agency. B. Consultant is one of three Consultants which were awarded Agreements with the City for the services defined in the Agreement. Each Consultant was retained to share an aggregate compensation pool, under the terms of this Agreement, which is current and in -effect through July 5, 2024, with available options to extend the Agreement. C. The parties now wish to amend the Agreement to increase the aggregate compensation of the Agreement to accommodate additional upcoming projects for which the Consultant can provide quality assurance and testing services for these projects. The Parties therefore agree: 1. Section 2(a), Compensation, is hereby amended to increase the total aggregate total to be expended under the term of the Agreement, including any extension periods, by $1,000,000. The total non -to -exceed amount for to the aggregate amount available to all the retained consultants shall be $2,000,000. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. [signature page to follow] Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Jennifer Hall City Cleric APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Brkrdon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager RMA GROUP, INC. By: s r(,t,-� t- Title: Vit t� e-5 12A Qx\k Page 2 of 2