HomeMy WebLinkAboutItem 17 - Agreements for On-Call Material Testing and Special Inspection ServicesPublic Works Agency
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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
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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
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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.
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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
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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.
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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,
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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.
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(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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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
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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
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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
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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.
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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
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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
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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
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_ 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
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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
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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.
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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
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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.
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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)
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IRMA Group
EveryProject Matters I www.rmacompanies.com
1210 E. 223RD STREET, CARSON, CA 90745
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September 30, 2020
20-1600-P
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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.
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RMA Group
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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
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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
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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
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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
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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�
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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
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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
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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
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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.
RMA Group
Every Projerl MattOVS I www. rmoromponies.cam
RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES I
CITY OF SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 Page 10
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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
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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