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HomeMy WebLinkAboutItem 17 - Agreements for On-Call Geotechnical Engineering ServicesPublic Works Agency www.santa-ana.org/public-works Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Agreements for On -Call Geotechnical Engineering Services AGENDA TITLE Approve Agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants for On -Call Geotechnical Engineering Services dba Ninyo & Moore in an Aggregate Amount Not to Exceed $2,000,000, for Up to a Five -Year Term (General Fund and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants to provide on -call geotechnical engineering services for a shared aggregate amount not to exceed $2,000,000, for a three-year term beginning November 21, 2023 and expiring on November 20, 2026, with the provision for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On August 2, 2023, the Public Works Agency (PWA) released Request for Proposal (RFP) No. 23-123 to select five consultants to provide on -call geotechnical engineering services on an as -needed or on -call basis for the City of Santa Ana's PWA Construction Services division (Exhibit 1). These services are required to augment City staff efforts to complete delivery of capital improvement projects involving public works infrastructure and City facilities. The RFP was advertised on the City's online procurement management and publication system, PlanetBids, with electronic proposals due on August 28, 2023. Twenty-three responsive proposals were received and evaluated by a selection committee comprised of PWA staff and based on criteria outlined in the RFP, the top five consultants were selected. The following table summarizes the responding firms and their rankings: Agreements for On -Call Geotechnical Engineering Services November 21, 2023 Page 2 Firm City Earth Mechanics, Inc. Fountain Valley, CA Geocon West, Inc. Irvine, CA Kleinfelder, Inc. Laguna Hills, CA Leighton Consulting, Inc. Irvine, CA Ninyo & Moore Geotechnical and Environmental Sciences Consultants Irvine, CA Based upon the scope of work and selection criteria outlined in RFP 23-123, Staff recommends awarding on -call agreements with the top five responding firms, allowing the firms to bid on future engineering task orders (Exhibits 2-6). The selected proposals demonstrate that these firms have the necessary capacity and expertise to complete the required services. The consultant's rates are reasonable and within industry standard, the teams' qualifications are appropriate, and the selected proposals were determined to provide the best value for the City. Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants have consistently provided quality services to the Public Works Agency in various engineering capacities. Earth Mechanics, Inc. and Geocon West, Inc. submitted proposals illustrating their extensive industry experience and ability to assist City Staff with capital project delivery. FISCAL IMPACT There is no fiscal impact at this time. The Public Works Agency will follow the established on -call services process during the FY 2024-2027 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on -call services for any of these future task orders, PWA 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 $2,000,000. 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: City Facilities License Agreement 01117605-62300 Traffic and Transportation Engineering 01117620-62300 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 Agreements for On -Call Geotechnical Engineering Services November 21, 2023 Page 3 Division Residential Street Improvement Account 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 PWA Right of Way 02917660-62300 01117622-62300 EXHIBIT(S) 1. RFP #23-123: On -Call Geotechnical Engineering Services 2. Agreement with Earth Mechanics, Inc. 3. Agreement with Geocon West, Inc. 4. Agreement with Kleinfelder, Inc. 5. Agreement with Leighton Consulting, Inc. 6. Agreement with Ninyo & Moore Geotechnical and Environmental Sciences Consultants Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven Mendoza, Acting City Manager EXHIBIT 1 REQUEST FOR PROPOSALS (RFP) FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.: 23-123 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Gilbert Castillo Project Manager (714) 647-5647 Office GCastillo a,santa-ana.or Approved for Release: wo KEY RFP DATES (Subject to than-ae at discretion of Ci Nabil baba, P.E. Executive Director Public Works Agency Issue Date: Wednesday, August 2, 2023 Deadline for Requests for Information: Monday, August 21, 2023 Proposal Due Date: Monday, August 28, 2023, 2:00 p.m. Projected Award Date: Tuesday, November 7, 2023 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for On -Call Geotechnical Engineering Services. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than August 28, 2023 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Gilbert Castillo Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For hard copy drop offs, visitors will be routed to deliver in the blue drop box on the ]"floor of Ross Annex across from the Public Works counter. Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 23-123 Page 2 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS 8 A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD 10 A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION 10 A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS 11 VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATION City of Santa Ana RFP 23-123 Page 3 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking geotechnical engineering services. A detailed Scope of Work is included in the Appendix of this RFP as Attachment I. Number of Proposals and Signature: Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company. The Statement of Qualifications (SOQ) shall be limited to a maximum of (10) pages, which may be double -sided (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum I I" x 17". Proposal Evaluation and Rating: The criteria for evaluating the SOQ submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 35% • Relevant Project Experience 25% • Schedule 10% • References 5% The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. City of Santa Ana RFP 23-123 Page 4 Project Funding: Funding sources for each project may vary and shall comply with the funding agency's requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. Prevailing Wages. In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request. Term of Contract Agreement: The City desires to enter into a contract with the top scoring firm for an initial three (3) year term with a City option for one (1) two (2) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2. City of Santa Ana RFP 23-123 Page 5 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CoMPMID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. City of Santa Ana RFP 23-123 Page 6 F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 23-123 Page 7 III. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF OUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. d. Understanding of Need: Proposal shall include an outline, which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or City of Santa Ana RFP 23-123 Page 8 exclusions used in preparation of the scope of work and associated fee estimate. Relevant Project t Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information. City of Santa Ana staff may conduct site visits at select projects. f. Willingness to Comply with Agreement Terms: A sample master service agreement is attached. Proposals will be rated based on the exceptions taken to the proposed contract. g. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include Scope of Services and Schedule which details the work phases to be completed, the task to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. Cost, while not determinative, may be considered in the selection process. The selected firm will be expected to maintain the proposed billing rates throughout the first fiscal year of the contract, from November 19, 2023 through November 18, 2026. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: Attachment 3-1: Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification City of Santa Ana RFP 23-123 Page 9 4-, IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend award contracts to the three top-ranking proposers that will provide the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. For "On -Call" contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as -needed basis. City staff will then evaluate proposals and written NTPs will be issued accordingly per each task order. City of Santa Ana RFP 23-123 Page 10 VII. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 23-123 Page 11 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. The consulting firm/s are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 Page Al-1 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Proiect Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 Page Al-2 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include. but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 Page Al-3 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Prouosal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 Page Al-4 Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 THIS AGREEMENT is made and entered into on this day of , 2023 by and between ("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 City desires to retain a consultant having special skill and knowledge in the field o£ Geotechnical engineering services for a variety of projects on an "on -call" basis. B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. City of Santa Ana RFP 23-123 Page A2-1 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $xxxxxx during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, City of Santa Ana RFP 23-123 Page A2-2 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: City of Santa Ana RFP 23-123 Page A2-3 Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 City of Santa Ana RFP 23-123 Page A2-4 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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 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; City of Santa Ana RFP 23-123 Page A2-5 or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such City of Santa Ana RFP 23-123 Page A2-6 notice of termination, subject to the following conditions: a As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 18. 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. 19. 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. 20. 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. City of Santa Ana RFP 23-123 Page A2-7 21. 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: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: 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 time frames, weekends, federal, state, County or City holidays shall be excluded. City of Santa Ana RFP 23-123 Page A2-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John Funk Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: (name) (title) City of Santa Ana RFP 23-123 Page A2-9 EXHIBIT A SCOPE OF SERVICES City of Santa Ana RFP 23-123 Page A2-10 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City of Santa Ana RFP 23-123 Page A2-11 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP 23-123 Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City of Santa Ana RFP 23-123 Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 23-123 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP 23-123 Page A3-4 EXHIBIT 2 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND EARTH MECHANICS, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between Earth Mechanics, Inc. ("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 August 2, 2023 the City issued Request for Proposal ("RFP") No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on -call basis 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. 23-123. 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 Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A" attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B." 2. COMPENSATION 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 Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 10 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on November 21, 2023 and end on November 20, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. 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. 6. 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 Page 2 of 10 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that 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 $2,000,000.00 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 CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000.00 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$1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader Page 3 of 10 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 City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, 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, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) 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 City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City 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 City 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 City. The City 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 City. (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 ANII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: Page 4 of 10 • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • 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. (viii) Verification of Coverage. Consultant shall furnish the City 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 City 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 City 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 City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 Page 5 of 10 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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 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 City. Page 6 of 10 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case Page 7 of 10 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 18. 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. 19. 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. 20. 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 8 of 10 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Alahesh Thurairajah Principal Earth Mechanics, Inc. 17800 Newhope Street, Suite B Fountain Valley, CA 92708 Tel: 714-751-3826 ext. 112 Email: A.Thurairajah @earthmech.com 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 21. 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 contained on following page] Page 9 of 10 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND EARTH MECHANICS, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ATHAN T. IMARTYRN Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: By: Alaheswaran Thurairajah Title: President Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firms shall provide the City with the following services as described herein. The consulting firms are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 Page Al-1 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Project Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 Page Al-2 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include. but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 Page Al-3 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Prouosal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 Page Al-4 EXHIBIT B CONSULTANT'S PROPOSAL :--% , k 1111b. . .. Fairview Aven PRO O�W ftgojwje�, 1-5 South County Improvements V 0 Glassell Street Bridge I First Street Bridge Pacific Avenue Pavements Earth MeEachanics, Inc. t..,olernn.cal 6 rrnryuaae €ngineer ing Table of Contents 1. STATEMENT OF QUALIFICATIONS..........................................................................1 a. Cover Letter........................................................................................................................ 1 b. Contract Agreement Statement.......................................................................................... 3 c. Firm and Team Experience................................................................................................. 3 Earth Mechanics, Inc. (DBE/SBE)...................................................................................... 3 Experience Performing Similar Work.................................................................................. 4 Specialty Subcontractors.................................................................................................... 6 TeamManagement............................................................................................................ 6 TeamOrganization............................................................................................................. 7 AdditionalKey Personnel................................................................................................... 7 Availability.......................................................................................................................... 9 d. Understanding of Need....................................................................................................... 9 ProjectUnderstanding........................................................................................................ 9 ProjectApproach...............................................................................................................10 e. Relevant Project Experience.............................................................................................11 f. Willingness to Comply with Agreement Terms....................................................................15 g. References........................................................................................................................15 2. SCOPE OF SERVICES AND SCHEDULE...................................................................16 Scopeof Services.................................................................................................................16 Schedule...............................................................................................................................18 3. FEE PROPOSAL......................................................................................................19 4. CERTIFICATIONS..................................................................................................19 APPENDIX - RESUMES..............................................................................................19 Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. l3eolecnn�cal , Es ,q...e €ngineer '1 , STATEMENT OF QUALIFICATIONS a. Cover Letter August 28, 2023 Mr. Gilbert Castillo City of Santa Ana Public Works Agency 20 Civic Center Plaza, 31 Floor Reception, Ross Annex Santa Ana, CA 92701 Subject: Proposal for On -Call Geotechnical Engineering Services (RFP No. 23-123) Dear Mr. Castillo: The City of Santa Ana is seeking a geotechnical engineering consultant to assist with improvements proposed for streets and bridges, traffic safety, mobility enhancements, drainage, and other facilities. We have thoroughly reviewed the Statement of Work provided in the RFQ, as well as the Capital Improvement Program and understand the services desired, the nature of on -call contracts, and the resources needed. EMI has successfully provided geotechnical engineering design and construction support services to City of Santa Ana and numerous other Cities and Counties throughout Southern California. We have provided services in the past on a variety of projects including bridges, retaining walls, roadways, pavement rehabilitation and reconstruction, low impact developments, utility improvements and park facilities which are ninety-five percent of EMI's business in the region. EMI can provide comprehensive geotechnical services to the City, from the feasibility stage to the construction stage, including accomplishing geotechnical field explorations and laboratory testing, infiltration testing, conducting geotechnical analyses, and developing design and construction recommendations for the City's future improvements. In addition, EMI has experience in landslide and slope stabilization, ground motion studies, evaluation of seismic hazards including seismically -induced landsliding, seismically -induced settlement, and liquefaction potential. EMI has accomplished many geotechnical investigations throughout the City of Santa Ana and Orange County, and, as a result, we are familiar with the geology and soils throughout the City. We believe EMI provides a well -qualified team that has earned a reputation for delivering cost- effective geotechnical solutions to public projects in the City. • Proven Project Manager — The designated project manager, Mr. Raj Pirathiviraj, has worked on multiple projects in the City and surrounding areas and is familiar with the protocols and standards. Mr. Pirathiviraj is familiar with the geologic and soil conditions throughout the City of Santa Ana. With EMI, Mr. Pirathiviraj has successfully managed several projects at any given time and has managed large projects that included multiple tasks happening concurrently. This is best exemplified by his recent successful management of geotechnical services for 1-5 Widening Project between 1-405 and Yale Avenue, which included two bridges, 13 retaining walls and sound walls, three infiltration basins, 21 overhead sign structures and 10-miles of pavement, with multiple tasks being performed concurrently. The geotechnical work totaled over $1-million and was completed on time and within budget. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. • Ample Resources to Handle Multiple Tasks — All of the engineers and geologists shown on the organizational chart for this SOQ have extensive years of experience, which enables them to lead multiple and variable assignments of a geotechnical study. EMI also has excellent working relationships with a large pool of drilling contractors, reputable soil testing laboratories, underground utility locators and traffic control companies. Special Expertise — EMI is recognized to have special expertise in soil liquefaction and ground motion evaluation, soil -structure interaction, and rock mechanics. EMI has applied this expertise which has resulted in significant cost savings on projects. EMI was recently involved in a bridge replacement project in Orange County (Edinger Avenue crossing Bolsa Chica Channel) where seismic design is a critical issue because the bridge site is located within a potential fault rupture zone. EMI prepared a technical memorandum — summarizing our recommendations for bridge foundation design within the fault rupture zone — which was reviewed and approved by the County of Orange Geologist with minimal comments. EMI staff is familiar with the City of Santa Ana Municipal Code, and professional Standard established by the City such as engineering standards, plans and specifications, pavement management program, and computer -aided drafting standards. EMI staff is also familiar with grading requirements in the Standard Specifications for Public Works Construction (Greenbook), and seismic design requirements in the California Building Code. EMI is also familiar with design guidelines, criteria, and Plans and Specifications used by the California Department of Transportation. EMI is on the approved consultant list for on -call geotechnical services for the Orange County Public Works and cities of Irvine and Mission Viejo. EMI also currently provides on -call geotechnical services to the Ports of Los Angeles and Long Beach, and Counties of Santa Barbara and San Bernardino, Public Works department. EMI technical staff is familiar with the latest seismic hazard publications including: (a) the Department of Conservation's Special Publication (SP) 117A, Guidelines for Evaluating and Mitigating Seismic Hazards in California; (b) Southern California Earthquake Center's document "Recommended Procedures for Implementation of SP 117, Guidelines for Analyzing and Mitigating Liquefaction in California;" and lastly, (c) Recommended Procedures for Implementation of DMG SP 117, Guidelines for Analyzing and Mitigating Landslide Hazards in California. A few members of EMI's staff are co-authors of the "DMG SP 117, Guidelines for Analyzing and Mitigating Liquefaction in California" which is the widely recognized reference document for liquefaction evaluation. EMI will provide geotechnical services from our headquarters located in Fountain Valley in Orange County, which has a Caltrans-certified soils and rock laboratory. EMI is fully committed to providing the City of Santa Ana Public Works Agency with the highest quality service on time and within budget. We appreciate this opportunity to submit our SOQ and look forward to further discussions regarding our qualifications to serve the City of Santa Ana Public Works Agency. Sincerely, Earth Mechanics, Inc. Alahesh Thurairajah, PE, GE, D.GE Principal Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. l3eolecnn�cal 6 Es�inquaxe Engineering b. Contract Agreement Statement EMI has reviewed the contract agreement and takes no exceptions. c. Firm and Team Experience Earth Mechanics, Inc. (EMI) has ample resources and expertise to produce deliverables for multiple task orders to support the City of Santa Ana's On -Call Geotechnical Engineering Services contract. EMI has prior public project experience, knowledge of geologic and subsurface conditions in Santa Ana, and experience in delivering on -call task orders. Earth Mechanics, Inc. (DBE/SBE) EMI, a California company, has provided exceptional geotechnical and earthquake engineering and geology consulting services to numerous California public agencies since its founding in 1989 and is firmly committed to maintaining that tradition. EMI specializes in conducting geotechnical and geologic site investigations and laboratory testing, performing seismic hazard and earthquake retrofit evaluations, performing pavement condition evaluations and pavement design, conducting percolation testing for low impact developments (LID), and developing grading and foundation design for infrastructure projects including roadways, bridges, active transportation, and drainage facilities. EMI is experienced in evaluating and remediating slopes and landslides, evaluating the seismic stability of slopes, evaluating seismic performance of foundations, and ground improvement methodologies. EMI has provided geotechnical services to the City of Santa Ana for over 20 years on projects including the Bristol Street Bridge over Santiago Creek, the Memory Lane Street and Bridge Widening, the First Street Bridge Replacement over the Santa Ana River, and the Fairview Street Bridge Replacement over the Santa Ana River. Thus, EMI has extensive knowledge of professional standard established by the City - of Santa Ana such as r engineering standards, plans and _ specifications, = - pavement management program, and computer -aided drafting standards, and has a comprehensive understanding of the geotechnical and geologic conditions in the City. Earth Mechanics, Inc. G-t-h—.1 & Earthquake Engineering Year Founded: 1989 Form of the Organization: Corporation (CA) Number of employees: 38 Office Locations: Headquarters Earth Mechanics, Inc. (DBEISBE) 17800 Newhope Street, Suite B Fountain Valley, CA 92708 Contact: Raj S. Pirathiviraj, Project Manager (714) 751-3826 s.pirathiviraj@earthmech.com Services: ■ Field Exploration — Borehole Drilling, Soil and Rock Sampling ■ Geologic Studies — Trenching, Down -Hole Logging, and Fault Investigations • Laboratory Soil Testing — ASTM and Caltrans Test Methods ■ Engineering Analysis and Design — Foundation Design, Slope Stability, Liquefaction and Settlement Evaluation, Pavement Design, Lateral Pressures for Retaining Structures, and Finite Difference and Finite Element Analysis ■ Third -Party Geotechnical Reviews • Construction Support — Pile Driving Monitoring, Drilled Shaft Inspection, Grading Inspections, and Soil and Asphalt Concrete Compaction Testing ■ Special Studies — Pile Load Tests, Aerial Deposited Lead, and Software Development Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. l3eolecnn�cal , Es ,q...e €ngineer EMI's technical staff is very familiar and up to date with Standards and Specifications published by City of Santa Ana, County of Orange, California Department of Transportation (Caltrans), Federal Highway Administration (FHWA), American Association of State Highway and Transportation Officials (AASHTO), Federal Transit Administration (FTA), American Railway Engineering and Maintenance -of -Way Association (AREMA), and ATC (Applied Technology Council), and several other local agencies, as well as design manuals and guidelines published by Caltrans. EMI was the prime geotechnical consultant on the ATC-32 project responsible for the review and modification of the foundation section of the widely used Caltrans Bridge Design Specifications. The majority of the geotechnical field investigations conducted by EMI have been performed on public property, requiring field exploration permits from various public agencies. EMI staff understands the protocols and requirements of the permitting process, including encroachment and drilling permits from City of Santa Ana; permits from state agencies such as Caltrans, State and Regional Water Quality Control Boards, and State Department of Fish and Game; and permits from federal agencies such as the US Army Corps and US Fish and Wildlife. With a staff of 38, EMI has offices located throughout California with the headquarters in Fountain Valley, which is the base for 27 of our staff. For this contract, work will be done from our Fountain Valley office, which has a Caltrans-certified soils and a rock laboratory. EMI is certified as a DBE through the California Unified Certification Program (#6956). Experience Performing Similar Work On -Call Contract Experience EMI has provided on -call geotechnical engineering services to several public agencies for a variety of projects. Recently, EMI was selected to be on Orange County Public Work (OCPW) approved consultant list for on -call geotechnical engineering services. EMI has also provided on -call geotechnical engineering services for cities of Irvine and Mission Viejo, Ports of Los Angeles and Long Beach and Counties of San Bernardino and Santa Barbara. Also, EMI provided on -call geotechnical report review services and field grading inspection service to the City of Orange for several years. EMI staff has reviewed hundreds of preliminary geotechnical investigation reports, and rough and precise grading reports for residential, commercial, and industrial developments in the flatland and hillsides of Orange County. We are also currently under contract with the Port of Los Angeles to provide on -call geotechnical services for their port -wide transportation projects as part of their transportation planning and enhancement program. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. l3eolecnn�cal 6 Es�inquaxe Engineering Roadways and Pavements EMI has provided geotechnical services for multiple roadway improvement projects for cities and counties. These projects generally involved rehabilitation, reconstruction and/or widening of the existing roadways and construction of new roadways. EMI's scope of work generally involves pavement condition survey, coring existing asphalt or concrete pavement to assess the conditions of the pavement structural sections, collecting soil samples to assess the subsurface conditions, assessing expansion potential of subsurface soils and providing mitigation measures, providing rehabilitation options, recommending pavement structural sections for full depth replacement or new construction and preparing geotechnical report to present our findings and recommendations. Interchanges, Bridges, and Freeway Widening EMI has provided geotechnical services for dozens of interchange and freeway improvement projects, which generally involved interchange reconfigurations, mainline and ramp widening, and local roadway widening. Improvements included new bridges or bridge widening, earth retaining structures, drainage structures, fill embankments, cut slopes, flexible and rigid pavement sections, sound walls, infiltration basins, and overhead sign structures. On numerous projects, we have been involved from the project planning phase through final design and construction support. We have conducted literature searches, reviewed published geologic maps and other geotechnical documents, and conducted site reconnaissance and geologic mapping to support the preliminary phase of design. We secured required encroachment permits; conducted field investigations and laboratory testing; performed geotechnical analyses and design; and prepared geotechnical and foundation reports for final design. Earth Retaining Systems EMI has provided foundation investigation and geotechnical design services for numerous retaining structures throughout California. We have experience with conventional cast -in - place walls, sub -horizontal ground anchor walls, walls with vertical anchors, soil nail walls, Mechanically Stabilized Earth (MSE) Walls, secant pile and tangent pile walls, and permanently strutted walls. We have also conducted evaluations and provided recommendations for temporary shoring walls (soldier beam and lagging, sheet pile) up to 60 feet tall. During the course of engineering the walls, EMI evaluated the use of shallow and deep foundations, provided lateral pressure recommendations, assessed the potential for geologic loading against walls due to adverse bedding, estimated bond strength for vertical and sub -horizontal ground anchors and soil nails, provided un-bonded and bonded length recommendations for ground anchors, and evaluated the global stability of retaining walls. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. l3eolernn�cal 6 Es�inquaxe €ngineer ing Specialty Subcontractors We have listed other firms that could be utilized should their specialty be needed on a particular task order. Having worked together on previous projects, we understand each firm's strengths and would be able to maximize their capabilities, availability of equipment, and schedule constraints. Sub -Contracted Services Drilling Specialty Subcontractors 2R Drilling, SoCal Drilling, Gregg Drilling Cone Penetration Testing Kehoe Testing and Engineering Traffic Control Hi -Way Safety Geophysical Survey GeoVision Soil and Water Chemical Testing Test America Hazardous Materials Investigation Black Rock Geosciences Transport, Storage & Disposal of Soil Cuttings American Integrated Services Team Management The designated Project Manager (PM), Mr. Raj S. Pirathiviraj, PE, GE, will have the ultimate responsibility of successfully completing services for the City on schedule and within budget. Raj S. Pirathiviraj, PE, GE I Project Manager Experience: 19 Years (9 Years with EMI) Registration: Geotechnical Engineer, CA #2963; Civil Engineer, CA #71662 Education: MS, Civil Engineering; BS, Civil Engineering Raj S. Pirathiviraj has 19 years of varied experience conducting and managing geotechnical studies for highway and railroad bridges, roadways and pavements, airports, flood control facilities, retaining structures, buildings, and low impact development BMPs. His experience has included project management, construction monitoring, dam inspection, pavement condition evaluation, levee repair, and various geotechnical engineering services. Raj's areas of expertise include design of deep and shallow foundations for bridges, walls, sign structures, airport traffic control towers and light rail system, stability and repair of levees, pile drivability analysis, probabilistic and deterministic seismic hazard evaluation, liquefaction and seismic settlement analysis, static and pseudo -static slope stability analyses and evaluating pavement conditions, rehabilitations, and replacements. He has provided construction support including plan reviews, observation and inspection of driven piles, excavations, and engineering fill placements. Current functional responsibilities include: managing multiple projects and tasks; coordinating with various clients and agencies; preparing scopes of work and budgets for geotechnical services; planning and coordinating field investigations, infiltration testing, pavement evaluations and laboratory testing programs; conducting and reviewing geotechnical analyses and providing design parameters and recommendations; responding to RFIs during construction; and preparing various reports and memorandums. As Project Manager, he will be responsible for assigning resources for each task order, tracking schedule and monitoring project spending, working with task managers to identify and resolve issues, and advising the City of the project status. His project experience includes: ■ Santa Ana Zoo Parking Lot, Santa Ana, CA ■ Valencia Drive and Basque Avenue Reconstruction, Fullerton, CA ■ Pacific Avenue Pedestrian and Bicycle Improvement Project, Jurupa Valley, CA Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. l3eolecnn�cal 6 Es�inquaxe Engineering Raj will be the single point of contact for all communication between the City and EMI. All decision -making authority on this contract will reside with Raj, thereby reducing unnecessary delays due to "red tape" of organizational hierarchy. At the request of the City, Raj will attend in - person office and field meetings, and virtual conferences to coordinate services and resolve issues. Team Organization Raj has hand-picked a team of qualified engineers, geologists, and technicians to deliver a variety of task orders. The organization chart below represents the team's organization, lines of communication, and reporting relationships. Additional Key Personnel EMI derives its strength from a group of experienced engineers and geologists. Each member has a different specialty, ranging from conventional site investigation to complex experimental and analytical modeling. Brief descriptions of our key personnel's experience are presented below. Resumes for all team members listed on the organization chart are in the Appendix. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. Alahesh Thurairajah, PE, GE, DGE Principal & QA/QC Manager Years of Experience 14 years (12 years with EMI) Registrations Geotechnical Engineer, California, GE 3123, 2018 Civil Engineer, California, PE 81439, 2013 Education MS, Civil Engineering, University of California, Los Angeles, 2011 BS Magna Cum Laude, Civil Engineering, California State Polytechnic University, Pomona, 2010 Andrew Korkos, PE, GE Geotechnical Design Task Manager Years of Experience 36 years (26 years with EMI) Registrations Geotechnical Engineer, California, GE 2357, 1997 Civil Engineer, California, PE 44544, 1987 Education MS, Civil Engineering, California State University, Long Beach, 1989 BS, Civil Engineering, California State University, Long Beach, 1985 Michael Hoshiyama, PG, CEG Field Investigation & Geology Task Manager Years of Experience 16 years (12 years with EMI) Registrations Certified Engineering Geologist, California, CEG 2599, 2013 Registered Geologist, California, PG 8864, 2011 Education BS, Earth Sciences, University of California, Santa Barbara, 2006 Jianmin Fang Field Investigation, Laboratory Testing & Construction Inspection Task Manager Years of Experience 32 years (15 years with EMI) Certification Caltrans Certified Soil Tester Education BS, Engineering Mechanics, HeHai University, China, 1990 Relevant Experience ✓ Orange County experience ✓ Served as QC reviewer for many EMI projects ✓ Recognized expert in soil liquefaction and foundation design Relevant Experience ✓ Orange County experience ✓ Flood Control, Pavement, and Grading expertise ✓ Familiarity with City protocols and design guidelines and criteria Relevant Experience ✓ Extensive experience in securing encroachment permits ✓ Familiar with Orange County geology ✓ Experienced in geologic mapping, subsurface geotechnical investigation and logging exploratory borings Relevant Experience ✓ Orange County experience ✓ HBP bridge experience ✓ Familiar with requirements in the Caltrans Soil and Logging Manual Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. Availability EMI routinely serves municipal clients and Caltrans through on -call geotechnical contracts and is fully aware of the need to provide services with short notice (sometimes within 24 hours) and complete the assignment under a demanding schedule (one day turnaround). EMI has ample resources to cover the anticipated workload including concurrent task orders, peak demands, and expedited schedules. Table 1. Team/Staff Role, Availability and Qualifications demonstrates that EMI has sufficient availability and relevant expertise to meet the needs of the City. Table 1. Team/Staff Role, Availability and Qualifications U — 3 - o_ rn — o_ _ Name Project Assignment Availability EYxper ea lent s of~ T c c .. N W C Y 6 U' 4.2 = p m N _ o - m S — _ _ u N — `t C7 E N N w N ; U O r7 a 0_' iA C7 O Alahesh Thurairajah, PE, GE, D.GE Principal & QA/QC Reviewer 15% 14 • • • • • • • • • • • Raj Pirathiviraj, PE, GE Project Manager 80% 19 • • • • • • • • • • • • • • • • • • Andy Korkos, PE, GE Analyses/Report Preparation 70% 37 • • • • • • • • • • • • Mike Kapuskar, PE, GE Analyses/Report Preparation 60% 35 • • • • • • • • • • • Pratha Ragavan, PE Analyses/Report Preparation 60% 6 • • • • • • • • • • • Dane Nicklaus, PE Analyses/Report Preparation 60% g ♦ • Michael Hoshiyama, PG, CEG ExploratiordConsir. Task Leader 70% 17 • • • • • • • • • • Wendy Drummond, PG, CEG Geology 70% 33 • • • • • • • • Jianmin Fang Lab Testing Task Leader 50% 33 • • • • • • Tom Pongsakornpatara Field Exploration/Analyses 75% 21 • • • • • • • • • KiatKaekul Construction Monitodng 50% 32 • • • • • • • • Thomas Fiestel, PG Construction Monitoring 50% 5 • • • • • • • • d. Understanding of Need Project Understanding EMI envisions that the process by which services will be provided will begin with an initial request from the City's Project Manager. The City's Project Manager will provide specific information regarding the project and proposed improvements including providing a plan showing the location, limits, features, etc. of the proposed improvements. Once this information is provided to EMI, a geotechnical scope of work and cost estimate for geotechnical services can be developed and submitted to the City for review. After receiving notice to proceed (NTP), EMI will begin the geotechnical work. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. Project Approach Effective Communication During this project, the City can be confident that the EMI project management team will be available to them at all times, 24/7, should the need arise. Each member of our management team is highly qualified, experienced, and fully capable of addressing project concerns. The communications chain -of -command is a simple, linear path that begins with the Project Manager, Raj Pirathiviraj. Should he be unavailable for any reason the Principal and QA/QC Manager, Alahesh Thurairajah, will be the next point of contact. Both have the authority to mobilize resources at any time. Project Manager Principal & QA/QC Manager Raj S. Pirathiviraj Alahesh Thurairajah Office: 714-751-3826, Ext. 104 Office: 714-751-3826, Ext. 112 Cell: 949-292-2212 Cell: 951-333-3648 Email: S.Pirathiviraj@earthmech.com Email: A.Thurairajah@earthmech.com Schedule Control The City's PM will establish the schedule for geotechnical review services provided by EMI. EMI will adhere to the City's established turnaround time for geotechnical report reviews. EMI's PM will closely monitor the progress of services to identify and correct at the outset any potential schedule delays. The progress of geotechnical services will be checked against completion dates set forth by the City to assure that tasks are completed on time. EMI's PM will inform personnel of any deviation from the schedule and take appropriate action to place work back on track. EMI has provided on -call geotechnical report review and grading inspection services to public agencies and is fully aware of the need to provide services with short notice (sometimes within 24 hours) and complete the assignment under a demanding schedule (one day turnaround). EMI has a history of meeting schedules on time. The City is encouraged to check with the references listed on our representative projects concerning our response time and performance. Budget Control EMI anticipates the report review and grading inspection services will be provided on a time and materials basis. The Project Manager will keep track of the time, personnel, and resources used to complete each project task. Generally, the Project Manager receives weekly reports on expenditures, budget status, and hours expended by task. These weekly reports are generated using QuickBooks software. The expenditure status and hours can be compared to the budgeted amount for quick identification of discrepancies. Quality Control EMI will adhere to the procedures and practices outlined in EMI's Quality Assurance Manual. In general, Quality Control is provided through a three -step process: Self -Checking and Internal Peer Review. A mandatory review for all EMI personnel takes place throughout the duration of the project. All work performed by team members is checked by the originator of the work and by another EMI geologist or engineer. Project Manager Review. A review conducted by the EMI PM to check adequacy, clarity, and completeness of review comments, and satisfaction of project objectives. Principal's Review. A review concentrating on questions of liability, general organization, and presentation of information. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. e. Relevant Project Experience As a firm working almost entirely in the public sector, EMI has ample relevant project experience completed in Southern California within the past five years. Some of those projects are highlighted below and include references who can attest to EMI and its staff's satisfactory performance. Fairview Street Widening and Bridge Replacement, Santa Ana, CA Reference City of Santa Ana Prime Reference: WKE/HDR Dan Weddell, Project Manager (714) 442-2823 Daniel.Weddell@hdrinc.com Contract Details EMI Fee: $120,000 Dates: 2017 - 2022 Key Staff: Andrew Korkos The project involves widening Fairview Street between 9th Street and 16th Street from a 4-lane roadway to a 6-lane arterial which includes a bridge replacement funded through HBP. Principal Elements: (1) EMI conducted the geotechnical field investigation, laboratory soil testing, and the foundation analysis to support the structural engineer in selecting the most appropriate foundation type and determining the required foundation depths. (2) EMI also provided pavement design, infiltration basin percolation testing, and geotechnical recommendations consistent with USACOE requirements for channel reconstruction. Relevance • Subsurface geotechnical investigation • Pavement design • Foundation reports Special Features: Coordination with the City of Santa Ana, OC Flood Control, and USACOE was essential in obtaining the necessary permits for the geotechnical borings. City of Jurupa Valley, Pacific Avenue Pedestrian and Bicycle Improvements Reference Prime Reference: EXP U.S. Service, Inc. Portia Gonzalez, P.E., QSD/QSP Project Manager (949) 257-5340 portia.gonzalez@exp.com Contract Details EMI Fee: $9,950 Dates: 2022 Key Staff: Raj Pirathiviraj, Pratha Ragavan Relevance • Subsurface geotechnical investigation including pavement corings • Pavement condition survey • Pavement rehabilitation • Pavement design • Grading and site clearing The city of Jurupa Valley proposes to construct new sidewalks, curb and gutters, and rehabilitate existing pavements and widen the existing roadway along Pacific Avenue between Limonite Avenue and Mission Boulevard. Principal Elements: (1) A visual pavement survey was performed to assess the condition of the existing pavements along project alignment; (2) A geotechnical field investigation was Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. Ceoler. nn�cal , Es ,q...e €ngineer conducted to collect soil samples and core samples of existing pavements; (3) Evaluate rehabilitation options and coordinate with the City; (4) Performed pavement design; (5) Prepared geotechnical report. Special Features: Pavement rehabilitation consist of milling the existing asphalt concrete surface, placing an interlayer such as Asphalt Rubber Aggregate Membrane (ARAM) interlayer and overlaying new asphalt concrete. Based on the existing thickness of the asphalt concrete, a minimum of 2 inches of milling is recommended for the entire width of the roadway. RCTD, Good Hope Paving Project, Riverside County, CA Reference Prime Reference: Michael Baker International Danny Walden, P.E., Project Manager Ph: (909) 974-4921 Email: danny.walden@mbakerintl.com Contract Details EMI Fee: $20,600 Dates: 2022 Key Staff: Raj Pirathiviraj, Alahesh Thurairajah County of Riverside Transportation Department (RCTD) proposes to construct new asphalt concrete roadway segments at various streets. The project is in the Community of Good Hope within the county of Riverside, California. Principal Elements: (1) A geotechnical field investigation was conducted to collect soil samples; (2) Performed pavement design for new roadways; (3) Prepared geotechnical report. Special Features: Existing conditions are exposed dirt. Proposed project consists of paved roadways with graded shoulders or AC dike on both sides of the streets as warranted. Relevance i : • Subsurface geotechnical investigation • New roadway • Pavement design • Grading and site clearing OCPW, Huntington Beach -Talbert Channel Sheet Pile Repair Design -Build, Huntington Beach, CA Reference Orange County Public Works (OCPW) Amit Verma, Project Manager (714) 647-3908 Amit.Verma@ocpw.ocgov.com Contract Details EMI Fee: $325,000 Dates: 2020 - Ongoing Key Staff: Andrew Korkos, Michael Hoshiyama Relevance • Channel levee improvements • Subsurface geotechnical investigation • Soil classifications and analysis • Soil liquefaction • Stability of slopes under static and seismic conditions • FEMA levee recertification Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. The Huntington Beach (HB) Channel and the Talbert Channel are in the southeastern area of the City of Huntington Beach. The project involved replacing and repairing portions of the existing sheet pile walls that have corroded and degraded over time. The HB Channel, within the sheet pile replacement limits, is asymmetrical in cross-section and consists of a single earthen levee retained by sheet piles along the northeast side of the channel, and a small graded earthen slope on the southwest side of the channel adjacent to wetlands. The Talbert Channel is a symmetrical channel formed by two rows of sheet pile walls, one wall along the east levee and one wall along the west levee. Generally, the sheet pile replacement involved installing new sheet piles immediately behind the existing sheet piles and leaving the existing sheet piles in place. The total combined length, along both channels, of the replacement sheet pile walls was approximately 16,157 feet. EMI completed a geotechnical field investigation that included 20 exploratory boreholes and 54 CPT soundings, conducted laboratory soil tests; performed various geotechnical analyses, coordinated with the design -build team and OCPW, and prepared a geotechnical report. Principal Elements: (1) EMI accomplished the geotechnical investigation and soil testing to characterize soils along the channel alignments; (2) estimated engineering properties of soils including strength, compressibility, density, expansion potential; (3) performed various analyses including ground motion study for three -level earthquake design, soil liquefaction assessment, seismically -induced settlement, evaluated global stability of sheet pile walls and levee slopes under static and seismic conditions, determined bearing capacity and static settlement, determined lateral earth pressures and estimated lateral soil springs for sheet pile walls, and conducted seepage analysis; (4) prepared geotechnical report; (5) reviewed project plans and specifications; and, (6) provided technical support during construction. Special Features: The channel improvements had to satisfy Orange County and U.S. Army Corps of Engineers design requirements; three -level earthquake design; and the geotechnical analyses supported OCPW in applying for levee recertification from FEMA. OCTA, 1-605/Katella Avenue Interchange Improvement Project, orange County, CA Reference OCTA Josue Vaglienty, Senior Project Manager, Highway Programs (714) 560-5852 jvaglienty@octa.net Contract Details EMI Fee: $162,000 Dates: 2021 to Ongoing Key Staff: Andrew Korkos, Alahesh Thurairajah, Michael Hoshiyama Relevance • Subsurface geotechnical investigation • Soil classifications and analysis • Pavement condition survey • Pavement rehabilitation • Pavement design • Grading and site clearing The Orange County Transportation Authority (OCTA), in cooperation with Caltrans District 12 and the City of Los Alamitos, proposes improving the 1-605/Katella Avenue Interchange and a portion of Katella Avenue to improve freeway access, improve interchange traffic operations, enhance safety, and improve pedestrian and bicycle facilities within the interchange area. Improvements include modifications to the northbound and southbound ramps, and roadway improvements along Katella Avenue between Coyote Creek and Civic Center Drive. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. Principal Elements: (1) EMI conducted survey of existing pavements surface to observe and record the condition of the pavement, including the type, extent, and degree of distress; (2) EMI conducted geotechnical investigations; (2) soil testing to characterize soils; (3)� estimated engineering properties of soils; (4) performed pavement design using Caltrans Software CaIME; (5) prepared Materials Report., Special Features: Visual Pavement Condition Survey; Pavement rehabilitation includes mill and overlay; Using CaIME software to design asphalt pavement structural sections. OCPW, Santa Ana River Bikeway and Trail, Orange, Riverside & San Bernardino Counties, CA Reference OCPW Prime Reference: Michael Baker International Ray Wang, PE, Senior Project Manager (949) 330-4293 ray.wang@mbakerintl.com Contract Details EMI Fee: $187,000 Dates: 2018 to 2022 Key Staff: Andrew Korkos, Michael Hoshiyama Relevance • Subsurface geotechnical investigation • Soil classifications and analysis • Foundation design • Retaining structures • Stability of slopes under static and seismic conditions • Required Army Corps of Engineers coordination A geotechnical study was conducted by EMI for three proposed bridges and associated retaining walls that are part of the Santa Ana River Trail Parkway Extension Project. The project involved designing pedestrian/cycling trail improvements between Gypsum Canyon Road and the Orange County boundary (adjacent to Green Hills Golf Course). The three bridges include one single -span bridge crossing a small drainage channel, and two longer, two -span bridges spanning the Santa Ana River. Retaining walls are proposed as part of the bridge approach embankments. Improvements also include drainage structures, trail surface/paving, trail signs, and landscaping. Principal Elements: (1) EMI conducted the geotechnical field investigation and laboratory soil testing to characterize soils at the bridge locations; (2) estimated engineering properties of soils including strength, compressibility, and density; (3) performed analyses to evaluate soil liquefaction, seismically - induced settlement, axial and lateral capacity of deep foundations supporting the bridge structures, stability of retaining walls and channel slopes under static and seismic conditions, bearing capacity and static settlement for spread footings, and lateral earth pressures for walls; (4) prepared foundation report; and (5) reviewed project plans and specifications. Special Features: Bridge foundation design followed LRFD methodology and considered scour potential; the bridges are close to the Elsinore Fault Zone and subject to high ground accelerations; one bridge requires constructing the foundation behind an existing anchored sheet pile wall. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. f. Willingness to Comply with Agreement Terms EMI has reviewed the contract agreement and takes no exceptions. g. References EMI's commitment to quality work products, coupled with our timely delivery of cost -saving foundation designs, has garnered repeat business from numerous satisfied clients. EMI invites you to contact our references who can attest to their satisfaction with our design solutions, responsiveness, and timely project delivery. Krishnamenon Nadaraja, Senior Civil Engineer Orange County Public Works, Flood Control District 300 North Flower Street, 7th Floor, Santa Ana, CA 92703-5000 (714) 245-4516 Krishnamenon.Nadaraja@ocpw.ocgov.com On -Call, Various Channel Improvement Projects: Through on -call contracts with OCPW, EMI provided geotechnical engineering services for various flood control channel improvement projects. (1999 — 2018) Sharid K. Amiri, Sr. Transportation Engineer (Geotech. Specialist) Caltrans, Geotechnical Services, D-12 Oversight 1750 E. 4th Street, Suite 100, Santa Ana, CA 92705 (949) 429-2442 sharid.amiri@dot.ca.gov 1-5 Widening Project between 1-405 and SR-55 (two segments): About 15 miles, adding one general purpose lane in each direction of 1-5 and maintaining existing and adding new auxiliary lanes, improves existing on- and off -ramps and connectors. EMI provides geotechnical engineering services for multiple bridges, retaining walls, soundwalls, roadways, overhead signs, and infiltration facilities. Our scope of work includes field investigation, laboratory testing, ADL testing, infiltration testing, foundation designs, and prepare foundation reports, materials report, geotechnical design reports and ADL reports. (2021 — Ongoing) Josue Vaglienty, Senior Program Manager, Highway Programs Orange County Transportation Authority (OCTA) 550 South Main Street, Orange, CA 92863 (714) 560-5852 jvaglienty@octa.net 1-5 Widening Project between 1-405 and Yale Avenue: About 4.5 miles, add capacity, improve operations, and enhance access and circulation on the transportation system. The improvements include adding one general purpose lane in each direction of 1-5 and maintaining existing and adding new auxiliary lanes where needed. EMI provides geotechnical engineering services for multiple bridges, retaining walls, soundwalls, roadways, and overhead signs. Our scope of work includes field investigation, laboratory testing, ADL testing, foundation designs, and prepare foundation reports, materials report, geotechnical design reports and ADL reports. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. l3eolecnn�cal , Es ,q...e €ngineer 2. SCOPE OF SERVICES AND SCHEDULE Scope of Services EMI envisions that the process, whereby geotechnical services will be provided, will begin with an initial request from the City of Santa Ana through as Task Order. The City's Project Manager will provide a description of the project and proposed improvements including providing a plan showing the location, limits, features, etc. of proposed improvements. EMI will prepare a work plan which will include geotechnical scope of work, budget, and schedule for the geotechnical services, required for the proposed improvements, which will be submitted to the City for review and approval. Our budget will include staff title, hours, hourly rates based on approved fee schedule, other direct costs (ODC) and totals as related to the specific task. EMI speculates that most City projects will call for a conventional geotechnical program, which can be divided into the eight major tasks shown below: 1. Prepare Scope and Fee Proposal Based on the information provided in the Task Order, EMI will prepare a scope and fee proposal and submit it to the City for review and approval. Our budget will include staff title, hours, hourly rates based on approved fee schedule, other direct costs (ODC) and totals as related to the specific task. After the review and approval of our proposal, we anticipate that the City will issue a Notice -to -Proceed to begin the work. Deliverables: Scope and Fee Proposal 2. Prepare Project Management Plan Within 15 calendar days of issued Notice -to -Proceed, EMI will prepare a Project Management Plan which will include all milestones, task breakdown for each task and subtasks, information and coordination with other agencies, required permits, deliverables, quality control/quality assurance plan, project schedule, invoicing, and project correspondence. Deliverables: Project Management Plan 3. Review Existing Subsurface Information EMI will gather and review relevant subsurface information, including information filed at the City office, and maps and reports published by USGS, CGS, and Caltrans. Existing subsurface information will be used to plan the field investigation. Deliverables: Memorandum Summarizing Existing Subsurface Information 4. Geotechnical Field Investigation EMI will identify the proposed boring and CPT locations on a plan and submit it to the City for review and approval. The boring location plan will also be used to apply for encroachment permits. If necessary, EMI will prepare a work plan to present the field investigation procedures, boring location plans, health and safety plans and traffic control plans. The goal of the investigation is to log subsurface conditions and collect samples of subsurface soils using exploratory borings, rock coring, trenching, and in -situ testing. In -situ testing may include Cone Penetration Tests (CPT) and geophysical surveys. Additionally, groundwater depth will be measured in the borings. For investigations in soil, EMI will collect bulk samples, small disturbed samples, and relatively undisturbed ring samples of subsurface soils. The small disturbed samples and ring samples will be collected using the Standard Penetration Test (SPT) sampler and Modified California Drive sampler, respectively. In soft soils, Shelby Tube samples may be collected. Soil samples Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. l3eolernn�cal 6 Es�inquaxe Engineering will be logged in the field during the investigation, secured in their containers, and transported to the EMI soils laboratory. S Where traffic control is necessary to accomplish the field investigation, we will follow the lane closure requirements specified by the City or other agencies with local jurisdiction. If necessary, the field investigation can be conducted during the weekend or at night to minimize the impact to traffic. EMI will notify Underground Service Alert prior to the start of the investigation so that existing utilities are marked in the field before subsurface exploration. EMI will use subcontractors to perform drilling and traffic control setup. Subcontractor fees will be based on California Prevailing Wage rates. Deliverables: Boring Location Plan and Work Plan 5. Laboratory Testing Field logs of borings will be reviewed to select representative soil samples for laboratory testing. Various laboratory tests will be performed on soil samples to determine or derive their physical and engineering characteristics. Results of laboratory tests will be used for engineering analyses to develop geotechnical recommendations. The following soil tests are usually performed: ■ In -place Moisture & Density ■ Sand Equivalent ■ Grain Size Analysis ■ Expansion Potential ■ Atterberg Limits ■ Consolidation & Collapse Potential ■ Corrosivity ■ Maximum Density & Optimum Moisture Content ■ R-Value ■ Direct Shear & Unconsolidated-Undrained Triaxial Additional tests may be necessary depending on the proposed improvements and subsurface soil conditions. Laboratory tests will be conducted in accordance with ASTM Standards or California Test Methods. EMI will use subcontractors to perform some of the laboratory soil tests. 6. Geotechnical Engineering Analyses Results from the field investigation and laboratory testing will be used to develop idealized soil profiles and determine representative soil parameters for use in geotechnical analysis and design. Geotechnical analyses could include: ■ Evaluating the Stability of Cut, Fill, and Natural Slopes ■ Evaluating Settlement of Roadway Embankments and Deep Fills ■ Determining Lateral Pressures on Retaining Structures Due to Earth and Surcharge Loads ■ Determining Axial and Lateral Capacity and Settlement of Shallow and Deep Foundations ■ Designing Pavement Structural Sections ■ Assessing Liquefaction Potential of Subsurface Soils ■ Evaluating Static and Seismically -Induced Ground Subsidence ■ Assessing Site Response Due to Ground Shaking ■ Performing Soil -Structure Interaction Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. l3eolecnn�cal 6 Es�inquaxe Engineering 7. Report Preparation Results obtained from the field investigation, laboratory testing, and engineering analyses will be documented in a draft report. The report will contain design and construction recommendations for proposed improvements. The draft report will be submitted to the City for review. EMI will respond to review comments, and the comments and responses will be incorporated into a final report. We will also review pertinent sections of the contract plans and specifications. Deliverables: Geotechnical Engineering Report 8. Bidding and Construction Support EMI will be available to attend pre -bid meetings and answer questions related to geotechnical issues. In addition, EMI will provide construction support services, at the City's request, such as answering Requests for Information (RFI) related to geotechnical issues, observing grading activities and inspecting cuts and fills, and attending construction meetings. EMI is also able to provide services for pile driving monitoring, drilled shaft inspection, pile load tests, and soil compaction testing. Deliverables: Response to RFIs and Geotechnical Memorandums Schedule A comprehensive schedule will be developed for each task order showing the duration of each task with review periods and submittal dates. A sample schedule for a typical project is provided below. Task ID Tasks Anticipated Number of Days per Task (Business Days) Total Number of Days Since Notice to Proceed (Business Days) 0 Receive Task Order - - 1 Scope and Fee Proposal 3 to 5 - 2 City Review and Approval of Proposal 5 to 7 - 3 Notice to Proceed 1 to 1 1 to 1 4 Project Management Plan (PMP) 8 to 12 9 to 13 5 City Review and Approval of PMP 5 to 7 14 to 18 5a Research Existing Records 3 to 5 14 to 18 5b Work Plan 2 to 3 14 to 18 6 Permitting 8 to 10 22 to 28 7 Clear Utility Lines 5 to 7 27 to 35 8 Field Investigation 3 to 5 30 to 40 9 Laboratory Testing 5 to 10 35 to 50 10 Report Preparation 8 to 10 43 to 60 Optional Tasks Attend meetings with City Staff Progress review meetings Coordinate permits with other agencies Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services Earth Mechanics, Inc. l3eolecnn�cal 6 Es�inquaxe Engineering 3. FF PRO' IISAI EMI's hourly fee schedule is provided in a separately sealed envelope. 4. CFRTIFRCATPONS • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification APPENDIX - RESUM:'S Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services CERTIFICATIONS Attachment 3-1: Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification / I Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making %false certification may subject the certifier to criminal prosecution. Signed State of California County of ea.(e.o_"C FAA/2 3 Alahesh Thurairajah, Principal Subscribed and sworn to (or affirmed) before me on this _k�f day of LuG: > 204.& by AkAwasi-t-FiyoA441gAT01proved to me on the basis of satisfactory evidence to be the person(s' who appeared before me. r Q. SRIJ PRASAD o COMM ... 2358214 Notary Public Signature (JN, NOTARY PUBLIC-CALIFORNIA -OA Notary Public Seal a] ORANGE COUNTY W My Term Exp. May 19, 2025 City of Santa Ana RFP 23-123 Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City of Santa Ana RFP 23-123 Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 23-123 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP 23-123 Page A3-4 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable =W Earth Mechanics, Inc. Geotechnical & Earthquake Engineering EARTH MECHANICS, INC. FEE SCHEDULE (2023) City of Santa Ana On -Call Geotechnical Engineering Services (RFP No. 23-123) LABOR CATEGORY FULLY BURDENED HOURLY RATE Principal/Senior Consultant $ 301.00 Principal Engineer/Geologist $ 301.00 Senior Engineer/Geologist $ 225.00 Senior Project Geologist $ 201.00 Project Engineer/Geologist $ 173.00 Senior Staff Engineer/Geologist $ 163.00 Staff Engineer/Geologist $ 133.00 Senior Technician $ 155.00 Technician* $ 80.00 Administrative Assistant* $ 135.00 * Non-exempt staff subject to overtime pay per California law. 17800 Newhope Street, Suite B, Fountain Valley, California 92708 0 Tel: (714) 751-3826 EXHIBIT 3 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GEOCON WEST, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between Geocon West, Inc. ("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 August 2, 2023 the City issued Request for Proposal ("RFP") No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on -call basis 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. 23-123. 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 Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A" attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B." 2. COMPENSATION 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 Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 10 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on November 21, 2023 and end on November 20, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. 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. 6. 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 Page 2 of 10 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that 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 $2,000,000.00 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 CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000.00 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$1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader Page 3 of 10 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 City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, 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, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) 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 City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City 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 City 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 City. The City 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 City. (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 ANII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: Page 4 of 10 • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • 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. (viii) Verification of Coverage. Consultant shall furnish the City 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 City 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 City 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 City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 Page 5 of 10 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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 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 City. Page 6 of 10 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case Page 7 of 10 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 18. 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. 19. 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. 20. 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 8 of 10 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Jelisa Thomas Adams, GE Vice President & Senior Engineer Geocon West, Inc. 2807 McGaw Avenue, Irvine CA 92614 Tel: 714-751-3826 ext. 112 Email: jelisaggeoconinc.com 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 21. 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 contained on following page] Page 9 of 10 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GEOCON WEST, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: '40ATHAN T. MART Z Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: Jelisa Adams Title: Vice President Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firms shall provide the City with the following services as described herein. The consulting firms are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 Page Al-1 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Project Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 Page Al-2 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include. but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 Page Al-3 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Prouosal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 Page Al-4 EXHIBIT B CONSULTANT'S PROPOSAL GEOCON W E S T, I N C. G E O T E C H N I C A L ■ E N V I R O N M E N T A L ■ M A T E R I A t 5 A. COVER LETTER Geocon Proposal No. 2023-333 August 28, 2023 Gilbert Castillo, Project Manager City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, California 92701 SUBJECT: ON -CALL GEOTECHNICAL ENGINEERING SERVICES FOR CITY OF SANTA ANA Dear Mr. Castillo, Geocon West, Inc. (Geocon) welcomes the opportunity to submit this proposal to the City of Santa Ana in reference to the RFP for On -Call Geotechnical Engineering Services. We have the demonstrated technical expertise, project management approach, integrity, and responsiveness that will enable successful delivery of this project. Geocon has 52 years of experience performing on -call geotechnical engineering services for public agencies and municipalities right here in Southern California. We also perform materials testing, engineering geology, and environmental engineering services. Our local office and certified laboratory in Irvine will manage this on -call and partner with the City of Santa Ana to provide Geotechnical Engineering Services, which will include, but are not limited to soils testing, material testing, groundwater testing, seismic and slope stability, liquefaction, construction inspection, pavement and foundation design recommendations, special inspection, geotechnical investigations, and percolation testing. We have performed the same services for similar projects for numerous public agencies across our 52-year history, including recently for the City of Garden Grove, the City of Newport Beach, and the County of Los Angeles, Department of Public Works, to name a few. Beyond our extensive experience and demonstrated service to the City, what sets Geocon apart? ✓ We bring innovation and problem -solving to all of our projects — big or small. Our goal on every project is to develop creative, cost-effective, and practical geotechnical solutions. Problem - solving early in project phasing is key. We pride ourselves on adding genuine value to every aspect of a project to enable the project to successfully move across phases. ✓ Transparency is key to our project management approach. We are committed to keeping cost, schedule, quality, safety, and transparency top of mind while we deliver our Task Orders. We maintain strict burn -rate reports internally so that we stay on budget and transparently communicate our project milestone tracking to clients. Drawing from our extensive experience, we understand the need for rapid response times, communication and coordination with the project team, while maintaining excellent standards and providing quality deliverables. ✓ Our principals are working principals. Senior engineers and principals, like myself, will service your Task Orders. You will find a highly experienced leadership team at your disposal. Additionally, our principals play a direct role in oversight of the team and take every opportunity to streamline costs. For example, our principals bill at senior rates to control costs. We also have many multi -certified inspectors, and it is always our goal to have one inspector cover multiple tasks rather than having two or more inspectors on -site simultaneously; this minimizes the assignment of multiple field staff, all per the direction of working principals. 2807 McGaw Avenue ■ Irvine, CA 92614 ■ Telephone (949) 491-6570 ■ OC@geoconinc.com GEOCON <01w) City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services ✓ Our team is local experienced and available Geocon offers an experienced local team you can trust for this on -call contract. We are known for our responsiveness and availability to meet short-term requests. We do not utilize pay -when -paid clauses, so we receive priority scheduling from our subcontractors to expedite your projects. Our fully operational office and comprehensive testing laboratory in Irvine as well as our staff of engineers, geologists, technicians, and inspectors stand ready to serve the City. ✓ We perform our soils and materials testing in our in-house laboratories. We perform our services in-house, manage our own laboratories and maintain strict oversight of standards within our laboratories. We are consistently rated by CCRL and other certifying bodies with top performance for overall organization and accuracy of testing. Our laboratories are certified by DSA, AASHTO/AMRL, Caltrans, and CCRL and can provide both soil and materials testing services 24 hours a day, 7 days a week. With staggered lab staff schedules, we are able to complete critical path testing much quicker than a typical lab. As managing partner of Geocon West, Inc., I attest by my signature that I have the official authority to bind the company to commit its resources to fulfill the terms of this contract. I manage the Irvine team, will manage all work under this contract, if awarded, and will be your point of contact. Please find my contact information below. Geocon appreciates the opportunity to submit this proposal to the City. Upon being awarded, our team will be fully dedicated to every Task Order by providing the highest level of service while upholding our industry reputation for excellent customer service. Thank you for your consideration. Sincerely, Geocon West, Inc. Jelisa Thomas Adams, GE Vice President & Senior Engineer 2807 McGaw Avenue, Irvine, California 92614 T 1949.491.6570 M 1650.208.0992 E I jelisa@geoconinc.com Geocon 2023-333 Page 2 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON Geocon will agree to the City's Agreement provided that it complies with California Civil Code and insurance limits are within standard range for the services requested in the RFP. FIRM PROFILE Geocon is a California corporation established in 1971 as a professional engineering consulting firm providing comprehensive geotechnical, geologic, construction inspection, and environmental engineering and consulting services. In addition to these services, we also provide environmental remediation contracting (cleanup) services and operate soils and materials testing laboratories. Our managing principals are practicing professional geologists or engineers who actively manage projects and assign and mentor technical staff. Each office is supported by state-of-the-art inventories of field equipment and instrumentation, comprehensive technical libraries, and modern data -management systems. Laboratory testing services are performed in an in-house soils and materials testing laboratory accredited by the American Association of State Highway and Transportation Officials (AASHTO), State of California Department of Transportation (Caltrans), Cement and Concrete Reference Laboratory (CCRL), Division of State Architect (DSA), and City of Los Angeles. The average professional staff member has more than 10 years of experience at Geocon alone and has sufficient training and experience to respond to accelerated schedules without encountering procedural problems or sacrificing the quality of work products. Our friendly company culture promotes excellent working relationships with our clients, and many clients have said that we FIRM OVERVIEW TYPES OF SERVICES Geotechnical Engineering Engineering Geology Construction Inspection Soils and Materials Testing Laboratory Environmental Services LOCATIONS San Diego (HQ) I San Diego County Burbank I Los Angeles County Irvine I Orange County Redlands I San Bernardino County Murrieta Riverside County La Quinta Coachella Valley Rancho Cordova I Sacramento County Livermore Alameda County Fairfield Solano County DIR YEAR EMPLOYEES NUMBER FOUNDED 1000001R99 1971 300+ function much like their own employees: a direct extension of their team. FIRM SIZE Geocon West, Inc. and its sister companies have nine regional offices that are located throughout California so that Geocon is well -positioned geographically to promptly, efficiently, and cost effectively service its clients' needs. We employ a staff of over 300 technically strong, highly motivated engineers, geologists, environmental scientists, technicians, and special inspectors. Our local office in Irvine will service this contract and is located less than ten miles from the City of Santa Ana, allowing for quick response time. Geocon 2023-333 Page 3 August 28, 2023 <40_7 )� GEOCON RESUMES JELISA THOMAS ADAMS, GE PROJECT MANAGER/SENIOR ENGINEER City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services (EXCLUDED FROM PAGE LIMIT) Ms. Adams has more than 16 years of experience performing and managing geotechnical investigations throughout the Orange County, Los Angeles, San Diego, and San Bernardino areas. Her experience encompasses a wide range of projects including public infrastructure, city and state facilities, commercial and residential developments, educational institutions, multi -story structures with subterranean parking levels, seismic upgrades and retrofits, and the installation and monitoring of geotechnical instrumentation. As a senior engineer, Ms. Adams is responsible for all aspects of project management, including the coordination and execution of field exploration programs, assignment of laboratory testing, review and interpretation of test results, engineering analysis, the evaluation of stormwater infiltration rates, the preparation of technical reports and letters, and maintain project schedules and budgets. Recent experience includes: EXPERIENCE 16 years EDUCATION BS, Structural Engineering, University of California, San Diego REGISTRATIONS - CA: Geotechnical Engineer, No. 3092 - CA: Professional Engineer, Civil, No. 74946 rrPT1P1rAT1nMQ - Geokon Certified Instrument Installer Nuclear Density Gauge CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS, ON -CALL - OSHA 40-Hour GEOTECHNICAL ENGINEERING, MATERIALS TESTING, & INSPECTION - OSHA 8-Hour Refresher SERVICES CONTRACT Ms. Adams manages Geocon's on -call geotechnical, materials, testing and ORGANIZATIONS inspection services contract with the City of Newport Beach. She provides - ASCE quality control over all geotechnical reports, construction inspection services, - ASFE and laboratory testing results. Geocon has completed investigations pavement restoration projects and miscellaneous public improvement repair, and has provided geotechnical and materials inspection and testing services for asphalt pavement and concrete placement. CITY OF GARDEN GROVE PUBLIC WORKS DEPARTMENT, ON -CALL GEOTECHNICAL SERVICES CONTRACT Ms. Adams manages Geocon's on -call geotechnical, materials, testing and inspection services contract with the City of Garden Grove. She provides quality control over all geotechnical reports, construction inspection services, and provides team management. Geocon has completed numerous pavement restoration projects including arterial streets, residential roads, storm drains, and a variety of public improvement projects. CITY OF SAN JUAN CAPISTRANO, ON -CALL GEOTECHNICAL REVIEW/DESIGN & MATERIALS TESTING SERVICES Geocon currently holds a two-year on -call contract with the City of San Juan Capistrano for Geotechnical Review/Design and Materials Testing Services. Ms. Adams serves as Geocon's Contract Manager and main point -of -contact with the City. Geocon has provided third -party geotechnical reviews for the Compass Energy Storage project, new apartments, and new single residencies. CITY OF NEWPORT BEACH DPW SLURRY SEAL 2019-2020, NEWPORT BEACH, CALIFORNIA Geocon performed laboratory tests for the Slurry Seal Program project as part of our On -Call contract for the City of Newport Beach. We provided laboratory tests for Wet Track Abrasion, Slurry Emulsion Oil Content, and Slurry Aggregate Gradation. Forty-three streets were included in the testing. As the Project Manager, Ms. Adams provided oversight of the laboratory testing programs. Geocon 2023-333 Page 4 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services ACACIA AVENUE-JOSEPHINE STREET STORM DRAIN, GARDEN GROVE, CALIFORNIA Geocon performed utility potholing services on Acacia Avenue and Josephine Street with the goal to fill the cracks and separations of asphaltic pavement for the street improvement project in the City of Garden Grove. We exposed utilities along the alignment of the proposed storm drain line, backfilled the excavations with soils, and restored the ground with asphalt/concrete patches. Geocon matched the existing AC thickness to that of surrounding streets upon completion of the storm drain. As the Project Manager and Senior Project Engineer Ms. Adams, was responsible for scope of work development, oversight of field work, and preparation of technical reports and letters. OAK CREEK COMMUNITY PARK, IRVINE, CALIFORNIA Geocon is currently performing a limited geotechnical investigation for the Oak Creek Community Park improvements in the city of Irvine, California. The proposed improvements are anticipated to include new natural turf on two existing soccer fields, a new lighted sand volleyball court, a new lighted full -court basketball court, a new lighted dog park, a new natural turf field, and additional parking. Ms. Adams serves as the Project Manager and provides quality control over all geotechnical reports and provides team management. GREENSTREET PAVEMENT CORES, MISSION VIEJO, CALIFORNIA (A93408803) Geocon provided a geotechnical pavement evaluation for the driveway approach off Marguerite Parkway for the City of Mission Viejo. In our written letter report we confirmed the thickness of the asphalt and aggregate base sections, in addition to the relative density and moisture content of the underlying subgrade. As our senior engineer, Ms. Adams provided figure and table preparation as well as the letter report. FIRE STATION NO.2 REPLACEMENT, NEWPORT BEACH, CALIFORNIA As part of Geocon's On -Call Geotechnical Services Contract with the City of Newport Beach we are currently providing soils and materials testing and observation services during grading and construction for the replacement of the Lido Fire Station No. 2 on 32nd Street — built in 1953. In addition to Geocon's testing and observation services we will also be providing geotechnical consultation, plan review, and design recommendations for this project. Ms. Adams is serving as the Principal Engineer and Project Manager. Los ANGELES COMMUNITY COLLEGE DISTRICT, PIERCE COLLEGE, EXPANDED AUTOMOTIVE & NEW TECHNICAL EDUCATION FACILITIES Geocon performed a third party peer review of the original geotechnical report prepared for the project and is in the process of preparing an updated geotechnical investigation report for compliance with current California Building Code, California Geological Survey, and Division of State Architect requirements. Ms. Adams performed a ground motion hazard analyses and probabilistic seismic hazard analysis in conformance with the 2013 California Building Code and ASCE 7-10. Los ANGELES COMMUNITY COLLEGE DISTRICT, PIERCE COLLEGE, WEST CENTRAL PLANT EXPANSION Geocon performed a third party peer review of the original geotechnical report prepared for the project and is in the process of preparing an updated geotechnical investigation report for compliance with current California Building Code, California Geological Survey, and Division of State Architect requirements. Ms. Adams performed a ground motion hazard analyses and probabilistic seismic hazard analysis in conformance with the 2013 California Building Code and ASCE 7-10. Geocon 2023-333 Page 5 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON NEAL BERLINER, GE QUALITY ASSURANCE/ QUALITY CONTROL As President of Geocon West, Mr. Berliner is responsible for the management of Geocon's technical practice in Los Angeles, Orange, Riverside, and San Bernardino counties. He began his professional career in 1992, gaining geotechnical engineering experience throughout Southern California. His experience encompasses a wide range of projects for both public and private sector clients and includes multi -story office buildings, regional shopping centers, parking structures, sound stages, studio facilities, educational facilities, mixed -use and multi -family residential developments, large-scale land developments, roadways, paving rehabilitation, bridges, pipelines, solar fields, and more. Mr. Berliner has an expertise on projects requiring deep excavation/shoring and mitigation of groundwater, as well as projects that require drilled and driven piles, micro -piles, stone columns, cement/lime stabilization, soil nails, compaction grouting, underpinning, and ground mitigation. He has a strong background in forensic geotechnical engineering and provides support for project dispute resolution, serving at times as a geotechnical expert witness. He manages large on -call contracts involving both geotechnical and special inspection services and has a reputation for providing creative geotechnical solutions as well as maintaining outstanding service on projects with critical schedules and budgets. His experience includes: EXPERIENCE 31 years EDUCATION - 1993, BS, Civil Engineering, San Diego State University REGISTRATIONS - CA: Geotechnical Engineer, No. 2576 - CA: Professional Engineer, Civil, No. 57123 CERTIFICATIONS - Radiation Safety Officer - Nuclear Density Gauge ORGANIZATIONS - CalGeo - American Society of Civil Engineers - American Society of Foundation Engineers - U.S. Green Building CITY OF SIMI VALLEY $ VENTURA COUNTY WATERWORKS DISTRICT NO. 8, Council ANNUAL PROFESSIONAL PAVEMENT ENGINEERING, MATERIALS TESTING & INSPECTION SERVICES CONTRACT Geocon provided on -call pavement engineering, materials testing, and inspection services under a two-year on -call agreement. Mr. Berliner was responsible for all geotechnical, deputy and special inspection services and provided quality control over pavement engineering services. Geocon provided inspection and testing services for Madera Road Widening from Country Club Drive west to Wood Ranch Parkway and rewrote the City of Simi Valley's Quality Assurance Program which included procedures for Acceptance Testing, Independent Assurance Sampling and Testing, and Testing of Manufactured Materials. CITY OF WEST HOLLYWOOD, PLUMMER PARK, WEST HOLLYWOOD, CALIFORNIA Mr. Berliner was the Principal Geotechnical Engineer for Phase I additions and improvements including a single -story childcare structure and playground area constructed over a single -level subterranean parking garage, new sports courts, and paving for support of vehicles. The purpose of the investigation was to evaluate subsurface soil and geologic conditions in the area of proposed development and determine soil permeability rates for an on -site storm water infiltration system. Mr. Berliner authored the geotechnical investigation report and provided quality control over the field exploration and laboratory testing programs. CITY OF HESPERIA, FY2017-18 CDBG STREET IMPROVEMENTS: 8TH, 9TH, AND 10TH AVENUES, HESPERIA, CALIFORNIA Geocon was selected to provide on -call materials testing and inspections services for this major city streets improvement project. Geocon provided observation and testing of the Cement Treated Soils (CTS) of the street subgrade, the asphalt placement, and densities throughout the duration of the project. As Principal Engineer and Contract manager, Mr. Berliner provides technical oversight and quality control over inspection and materials testing services during construction. Geocon 2023-333 Page 6 August 28, 2023 <67) GEOCON GERALD KASMAN, CEG SENIOR GEOLOGIST City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Mr. Kasman has 34 years of professional experience performing and managing multidisciplinary geotechnical investigations for major developments including tunnel and pipeline alignments, embankments, transportation infrastructure, and residential, commercial, and municipal projects. Mr. Kasman's technical experience with projects requiring complex geological studies includes fault rupture hazard investigations, seismicity and ground motion studies, geophysical surveys, slope stability investigations, and geologic hazard evaluations. As such, he has extensive experience in detailed field mapping, aerial photograph interpretation, continuous -core logging of rock and alluvial deposits, trenching, downhole logging, tunneling, and instrumentation. Mr. Kasman is responsible for the development of technical scopes for investigations, training and resourcing of personnel, maintaining project schedules and budgets, complex engineering geology and seismic studies, and preparation of technical reports and letters. His experience includes: EXPERIENCE 34 years EDUCATION BA, Earth Science, California State University, Northridge - Post Graduate Studies Engineering Geology QFf:ICTRAT1nNC - CA: Certified Engineering Geologist, No. 2251 - CA: Professional Geologist, No. 7195 CERTIFICATIONS - PEC Safel-and Certified - Geokon Certified Instrument Installer CITY OF WEST HOLLYWOOD, PLUMMER PARK, WEST HOLLYWOOD, CALIFORNIA - OSHA: 40-Hour Mr. Kasman was the senior geologist for the Phase I additions and - OSHA 8-Hour Refresher improvements that included a single -story child care structure and playground - MSHA PT 48 area constructed over a single -level subterranean parking garage, new sports ORGANIZATIONS courts, and paving for support of vehicles. The purpose of the investigation - Association of was to evaluate subsurface soil and geologic conditions in the area of Engineering Geologists proposed development and determine soil permeability rates for an on -site storm water infiltration system. Mr. Kasman supervised the field exploration program and performed a geologic/seismic hazard evaluation for the development. Los ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS, EL CARISO PARK, Los ANGELES, CALIFORNIA Mr. Kasman was the senior geologist who prepared the geological portion of the geotechnical investigation report for improvements at El Cariso Park. Improvements consisted of two soccer fields with light standards, the replacement of two single -story comfort stations, new ADA compliant bleachers at five existing baseball fields, six new picnic shelters, an approximately 54,000 square foot universally accessible playground, replacement of two play areas, enlargement of the existing northern parking lot, and upgrades and replacement of existing walkways for ADA compliancy BEAR VALLEY ROAD BRIDGE REHABILITATION $ WIDENING, VICTORVILLE, CALIFORNIA Geocon performed a geotechnical investigation for the rehabilitation, widening, and seismic retrofit of Bear Valley Road at the Burlington North Santa Fe railroad crossing. Mr. Kasman developed the scope of work of the investigation, performed the geologic studies to incorporate into the geotechnical report, and authored the geology section of the geotechnical report. Geocon 2023-333 Page 7 August 28, 2023 <67) � EOCON PETRINA ZEN, PE PROJECT ENGINEER City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Ms. Zen was an engineering intern from California State Polytechnic University, Pomona, and was brought on board because of her understanding of geotechnical engineering practices and quick learning capabilities. She has been with Geocon for nine years and is responsible for aspects of projects including coordination and execution of field explorations, assignment of laboratory testing, review and interpretation of laboratory testing results, engineering analysis, the evaluation of stormwater infiltration rates, and the preparation of technical reports and letters in Los Angeles and Orange County. Her experience includes city and state facilities, commercial and residential developments, educational institutions, and multi -story structures with subterranean parking levels. If needed, Ms. Zen also performs geotechnical inspection and testing services during construction. Her recent experience includes: EXPERIENCE 9 years EDUCATION BS, Civil Engineering, California State Polytechnic University, Pomona REGISTRATIONS - CA: Professional Engineer, Civil, No. 87489 CERTIFICATIONS - Nuclear Density Gauge Or?r.AN17ATIr)NR - CalGeo CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS, ON -CALL GEOTECHNICAL ENGINEERING, MATERIALS TESTING, & INSPECTION SERVICES CONTRACT Ms. Zen served as a Project Engineer for the 2019-2020 Slurry Seal Program under Geocon's on -call geotechnical, materials, testing and inspection services contract with the City of Newport Beach. Geocon performed sampling and testing in general conformance with the Green Book specifications, current American Society for Testing and Materials (ASTM) methodology and/or other applicable procedures. Samples were tested for Wet Track Abrasion, Slurry Emulsion Oil Content, and Slurry Aggregate Gradation. Geocon performed various test on multiple streets throughout the City of Newport Beach in order to improve roadway conditions throughout the City. DEPARTMENT OF GENERAL SERVICES, CALIFORNIA HIGHWAY PATROL, BALDWIN PARK, POMONA, CALIFORNIA Geocon performed a geotechnical investigation report for the proposed California Highway Patrol Facility in the City of Pomona, California. The project consists of constructing a new CHP field office campus as well as a one-story office building, auto shop with car wash bay, radio vault building with equipment storage, communications antenna, parking lots and associated driveways, curb and gutter, and sidewalk improvements. As a Project Engineer, Ms. Zen was responsible for the coordination and execution of the field exploration programs, including utility mark out and site drilling, assignment of laboratory testing, engineering analyses, and authoring technical reports and letters. ORANGE COUNTY FIRE AUTHORITY TRAINING TOWER, IRVINE, CALIFORNIA Geocon provided a geoenvironmental investigation for the Orange County Fire Authority Training Tower under our On -Call contract. The site was previously occupied by two campuses; one consisted of a trench rescue operation training station, and the other campus consisted of an unpaved parking and storage area. The proposed project site was improved with a three-story training tower, a new roof rescue training station, two shipping containing training structures, an 18-foot-tall splash wall training prop, and two single -story modular structures with associated toilet room and shower. Ms. Zen provided report and letter review for the project. Geocon 2023-333 Page 8 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON PHILLIP STEPHENS REGIONAL LABORATORY MANAGER Mr. Phillip Stephens has 11 years of experience performing quality assurance testing in the lab and in the field. He is experienced calibrating lab and field equipment, overseeing training and evaluating the performance of technicians, and maintaining laboratory accreditations from AASHTO, CCRL, Caltrans, DSA, and OSHPD. Other laboratory experience includes testing of structural steel, tensile and proof load testing, tensile and bend testing of rebar, strain/tensile testing of uncoated seven -wire for pre -stressed concrete, compression testing of masonry and masonry prisms, and testing of masonry block absorption and linear shrinkage. In addition, Mr. Stephens is experienced performing field testing of concrete, locating rebar, pull testing epoxy installed rebar/all thread, determining the moisture vapor emission rate of concrete and the rebound number of hardened concrete, and testing of spray -applied fireproofing materials. His experience includes: EXPERIENCE 11 years CERTIFICATIONS - ACI Strength Testing of Concrete - ACI Field Testing of Concrete - ACI Base Testing - ACI Agg 1 & 2 - ACI Laboratory 1 & 2 - CT: 105, 106, 125, 201, 202, 205, 216, 217, 226, 227, 229, 504, 518, 521, 533, 539, 540, 556, 557 CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS, ON -CALL GEOTECHNICAL ENGINEERING, MATERIALS TESTING & INSPECTION CONTRACT Geocon is currently performing on -call geotechnical, materials, testing and inspection services contract with the City of Newport Beach. Geocon has completed investigations pavement restoration projects and miscellaneous public improvement repair and has provided geotechnical and materials inspection and testing services for asphalt pavement and concrete placement. Mr. Stephens is responsible for supervising the performance of laboratory tests on soil and materials samples in accordance with both Greenbook and Caltrans guidelines, depending on project requirements, and performs batch plant inspections, and testing in the field in accordance with Caltrans testing procedures. CITY OF GARDEN GROVE PUBLIC WORKS DEPARTMENT, ON -CALL GEOTECHNICAL SERVICES CONTRACT Geocon is currently contracted to perform on -call geotechnical, materials testing and inspection services contract for the City of Garden Grove. Geocon has completed numerous pavement restoration projects including arterial streets, residential roads, storm drains, and a variety of public improvement projects. Mr. Stephens supervises the performance of various laboratory tests on soil and materials samples during the design and construction phases of projects. CITY OF Los ANGELES BUREAU OF ENGINEERING, ON -CALL GEOTECHNICAL & ENVIRONMENTAL CONSULTANTS LIST Mr. Stephens is responsible supervising the performance of various laboratory tests on soil samples during the design and construction phases of projects including Proctor, Sieve Analysis, Hydrometer, Consolidation and Direct Shear, and Compressive Strength tests. All laboratory data is compiled regularly, and test results are presented to the various project geotechnical engineers in a timely manner. Data is also reported to soils inspectors for support of field density testing during site grading. CITY OF PASADENA DEPARTMENT OF PUBLIC WORKS, ON -CALL SOILS & MATERIALS TESTING SERVICES CONTRACT Geocon is currently performing on -call geotechnical and materials testing services for various roadways and other Public Works projects. Mr. Stephens is responsible supervising the performance of laboratory tests on soil and materials samples in accordance with both Greenbook and Caltrans guidelines, depending on project requirements, and performs batch plant inspections, and testing in the field in accordance with Caltrans testing procedures. Geocon 2023-333 Page 9 August 28, 2023 <67) GEOCON SERGIO INGCO LABORATORY MANAGER/FIELD TECHNICIAN City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Mr. Ingco has 10 years in the geotechnical industry and has a broad skill set and natural leadership skills. Mr. Ingco performs soils and concrete testing services both in the lab and in the field. He is Caltrans-certified for both soils and concrete testing services as well as ACI 1 Certifications and provides field support for paving - related projects. In addition, Mr. Ingo is responsible performing laboratory tests on samples brought into the I' lab including Proctor, Moisture Density, Direct Shear, Consolidation, Compressive Strength, and various Caltrans tests methods. Mr. Ingco keeps the laboratory organized and ensures that all test equipment is functioning properly, maintained and calibrated as required by Geocon and the manufacturer's policy. Some of Mr. Ingco's experience includes: EXPERIENCE 10 years EDUCATION - BA, Public Health Education, California State University, Northridge CERTIFICATIONS - Nuclear Density Gauge - ACI Aggregate Testing Technician, Level I - ACI Concrete Testing Technician, Level I CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS, ON -CALL - ACI Concrete Strength GEOTECHNICAL ENGINEERING, MATERIALS TESTING $ INSPECTION Testing Technician CONTRACT - ACI Concrete Laboratory Geocon is currently performing on -call geotechnical, materials testing and Testing Technician, Level I inspection services contract with the City of Newport Beach. Geocon has completed investigations pavement restoration projects and miscellaneous public improvement repair and has provided geotechnical and materials inspection and testing services for asphalt pavement and concrete placement. Mr. Ingo is responsible for performing laboratory tests on soil and materials samples in accordance with both Greenbook and Caltrans guidelines, depending on project requirements, and performs batch plant inspections, and testing in the field in accordance with Caltrans testing procedures. CITY OF GARDEN GROVE PUBLIC WORKS DEPARTMENT, ON -CALL GEOTECHNICAL SERVICES CONTRACT Geocon is currently providing on -call geotechnical, materials, testing and inspection services contract with the City of Garden Grove. Geocon has completed numerous pavement restoration projects including arterial streets, residential roads, storm drains, and a variety of public improvement projects. Mr. Ingco performs required laboratory testing services for soil samples for geotechnical investigations, and materials testing for projects in construction. CITY OF PASADENA DEPARTMENT OF PUBLIC WORKS, ON -CALL SOILS $ MATERIALS TESTING SERVICES CONTRACT Geocon is currently performing on -call geotechnical and materials testing services for various roadways and other Public Works projects. Mr. Ingco is responsible for performing laboratory tests on soil and materials samples in accordance with both Greenbook and Caltrans guidelines, depending on project requirements, and performs batch plant inspections, and testing in the field in accordance with Caltrans testing procedures. Los ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS, AS -NEEDED GEOTECHNICAL ENGINEERING, MATERIALS TESTING & INSPECTION SERVICES CONTRACT (PW1345 & PW13554) Mr. Ingco performs various laboratory tests on soil and materials samples during the design and construction phases of projects including Proctor, Sieve Analysis, Hydrometer, Consolidation and Direct Shear, and Compressive Strength tests. All laboratory data is compiled regularly and test results are presented to the various project geotechnical engineers in a timely manner. Data is also reported to soils inspectors for support of field density testing during site grading. Some of the projects he's worked on include the Antelope Valley Communications Center, Olive View Medical Center, Will Rogers Coastline Project, North Valleyheart Riverwalk Project. Geocon 2023-333 Page 10 August 28, 2023 <67) GEOCON ALEX DO INSPECTOR team members City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Mr. Do is a primary inspector with 12 years of experience performing materials testing services on a variety of public and private sector projects. He is experienced performing geotechnical inspection and testing services during site grading and materials testing and inspection services for reinforced and post -tensioned concrete, wood and masonry construction, spray -applied fireproofing, structural steel and bolting, epoxy anchors, and rebar. Mr. Do is proactive communicating with project teams and maintains regular interaction with regarding conformance to standards, plans, project specifications, and codes. His experience includes: CITY OF NEWPORT BEACH, ANNUAL CONCRETE REPLACEMENT, NEWPORT BEACH, CALIFORNIA Through our on -call contract, Geocon provided testing and inspection services for the Annual Concrete Replacement Program for the City of Newport Beach. The project consisted of the removal and replacement of sidewalk, curb and gutter, and driveway entries at various locations. Mr. Do performed as Geocon's inspector and provided observation of rebar placement. CITY OF NEWPORT BEACH, FIRE STATION NO. 2 REPLACEMENT, NEWPORT BEACH, CALIFORNIA The City of Newport Beach is replacing the Lido Fire Station No. 2 on 32nd Street — built in 1953 — and replacing it with a new structure on the corner of 28th Street and Newport Boulevard. Instead of demolishing the current station and building a new structure on site, the City purchased a 17,693-square-foot property at 2807 Newport Boulevard and decided to keep the Lido Station operable in the interim. The new location is larger and will provide better access to more residential areas than the old station. Mr. Do provided observation of concrete -grout pouring and creation, and rebar inspection. CITY OF PASADENA, EATON-BLANCHE PARK, PASADENA, CALIFORNIA Geocon provided as -needed geotechnical, deputy, and special inspection and testing services during grading and construction of the Eaton -Blanche Park EXPERIENCE 12 years EDUCATION American River College, Supplemental Courses, Ultrasonic Testing Level I & Welding Inspection Consumnes River College, Supplemental Classes, Mechanical I, Electrical I & II, Fire & Life Safety, Construction Estimation CERTIFICATIONS - City of Irvine Special Inspector - ICC Structural Masonry - ICC Structural Steel & Bolting - ICC Structural Welding - ICC Reinforced Concrete - ICC Pre -stressed Concrete - ICC Spray -Applied Fireproofing - ACI Grade I Concrete Testing Field Technician - Nuclear Density Gauge - General Contractor License (B. C-5 & C-15) restrooms in Pasadena, California. The Eaton -Blanche Park boasts two lighted tennis courts; one softball diamond; one lighted basketball court; open grass area; playground equipment; 9 picnic tables; parking lot; and rose garden. As an inspector, Mr. Do performed testing and observation of the subgrade and building pad and performed foundation observations. PORTOLA CENTER, LAKE FOREST, CALIFORNIA The Portola Center residential subdivision is located in the City of Lake Forest in the eastern portion of Orange County, California. The 200 acre property is planned for 700 single-family homes, a mixed -use commercial/residential area, multi -family housing, and public and private parks/residential facilities with accommodating retaining walls, streets, and infrastructure. Mr. Do has worked on multiple phases of the Portola project. He has provided soils testing and observation for utility trenches and wall backfill. He has also performed wood, masonry, and rebar inspections as well as creating concrete cylinders for laboratory testing purposes. Geocon 2023-333 Page 11 August 28, 2023 <67) GEOCON MARC J RADLINSKI SPECIAL INSPECTOR City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Mr. Radlinski has 50 years of experience in the construction industry and has been certified to perform concrete and masonry inspections since 2009. He has performed inspection and testing services for a multitude of residential, commercial, and industrial developments. He reviews and interprets plans, blueprints, site layouts, specifications, and construction methods to ensure compliance with project plans, specifications, and safety requirements. Mr. Radlinski is an effective communicator and is proactive at solving problems on the jobsite. Some of his experience includes: CITY OF EASTVALE, FIRE STATION NO. 2, EASTVALE, CALIFORNIA Geocon performed geotechnical observation and testing, special inspection and materials testing services for the construction of the Eastvale Fire Station No. 2 located on the northeast corner of Selby Avenue and Chandler Street in Eastvale, California. Mr. Radlinski served as special inspector for the duration of this project. CITY OF GARDEN GROVE PUBLIC WORKS DEPARTMENT, ON -CALL GEOTECHNICAL SERVICES CONTRACT EXPERIENCE 50 years CERTIFICATIONS - City of Irvine Special Inspector - ICC Reinforced Concrete - ICC Structural Masonry - ACI Grade I Concrete Testing Field Technician - ACI Concrete Strength Testing Technician - City of San Diego Special Inspector - OSHA 10-Hour Construction Safety Course Geocon is currently contracted to perform on -call geotechnical, materials, - First Aid/CPR/AED & testing and inspection services contract for the City of Garden Grove. Geocon Bloodborne Pathogens has completed numerous pavement restoration projects including arterial streets, residential roads, storm drains, and a variety of public improvement projects. Mr. Radlinski served as special inspector for the duration of this project. CITY OF NEWPORT, ON -CALL GEOTECHNICAL ENGINEERING, MATERIALS TESTING, & INSPECTION SERVICES CONTRACT Geocon currently provides geotechnical, materials testing and inspection services for the City of Newport Beach. Investigations for pavement restoration projects and miscellaneous public improvement repairs were completed and geotechnical and materials inspection and testing services were provided for asphalt pavement and concrete placement. Mr. Radlinski performed special inspection services for these projects. IRVINE RANCH WATER DISTRICT, UNIVERSITY DRIVE WIDENING APPURTENANCE RELOCATIONS, IRVINE, CALIFORNIA Geocon provided geotechnical observation and testing services during the backfill of water utility trenches during the University Drive Widening Appurtenance Relocations in Irvine, California for the Irvine Ranch Water District. The project included the portion of University Drive located between MacArthur Boulevard and Campus Drive. Construction included removal and relocation of existing service backflow preventers, vaults, fire hydrants, blowoffs/bottom drains, cathodic test stations, airvacs, a 16-inch CML&C pipe, and water services; main line valve installation/replacement; installation of reinforced concrete pad over 16-inch pipe; and adjusting valve cans and sewer manholes to grade. Mr. Radlinski performed soil sampling and testing and observation of utility trenches. PORTOLA CENTER, LAKE FOREST, CALIFORNIA The Portola Center residential subdivision is located in the City of Lake Forest in the eastern portion of Orange County, California. The 200 acre property is planned for 700 single-family homes, a mixed -use commercial/residential area, multi -family housing, and public and private parks/residential facilities with accommodating retaining walls, streets, and infrastructure. Mr. Radlinski served as special inspector for the duration of this project. Geocon 2023-333 Page 12 August 28, 2023 <67) GEOCON TYLER KLINGENBERG INSPECTOR City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Mr. Klingenberg has more than 10 years of experience performing materials testing and special inspection services throughout the Orange County and Los Angeles areas on a variety of public and private sector projects, including schools, hospitals, roads, commercial buildings and residential buildings. As an Inspector, Mr. Klingenberg is responsible for performing materials testing and inspection services for reinforced and post -tensioned concrete, wood and masonry construction, spray -applied fireproofing, structural steel and bolting, epoxy anchors, and rebar. Recent experience includes: FIRE STATION N0.2 REPLACEMENT, NEWPORT BEACH, CALIFORNIA EXPERIENCE 10 years CERTIFICATIONS - ICC Reinforced Concrete - ICC Soils - ICC Masonry - ICC Structural Steel & Bolting - ACI Concrete Field Testing Technician Grade 1 Geocon is currently providing testing and observation services during the - HAZMAT grading for the replacement of Fire Station No. 2 in the City of Newport - Nuclear Gauge Safety Beach, California. Mr. Klingenberg is performing as Geocon's primary inspector and has provided client meeting coordination; sample importing; and testing and observation during the placement of subgrade, base, and asphalt concrete. CITY OF NEWPORT BEACH, OCEAN BOULEVARD SIDEWALK, NEWPORT BEACH, CALIFORNIA Geocon performed testing and observation services for the Ocean Boulevard Sidewalk Improvements project. The project consists of sidewalk to be installed along the south side of Ocean Boulevard from Dahlia Avenue to Fernleaf Avenue. The project provides for pedestrian safety and American with Disabilities Act (ADA) compliance. Mr. Klingenberg performed testing and observation during placement of subgrade, base, and asphalt concrete. CITY OF PASADENA, VICTORY PARK, PASADENA, CALIFORNIA Geocon performed testing and observation services during the Victory Park Restroom project. The existing restroom will be demolished and replaced with a larger facility that will include a storage room for Park staff. The existing restrooms had deteriorated and become difficult to maintain. Mr. Klingenberg performed inspection and stressing of epoxy anchors and rebar. CITY OF GARDEN GROVE, ACACIA AVENUE-JOSEPHINE STREET STORM DRAIN, GARDEN GROVE, CALIFORNIA Geocon performed utility potholing services on Acacia Avenue and Josephine Street with the goal to fill the cracks and separations of asphaltic pavement for the street improvement project in the City of Garden Grove. We exposed utilities along the alignment of the proposed storm drain line, backfilled the excavations with soils, and restored the ground with asphalt/concrete patches. Geocon matched the existing AC thickness to that of surrounding streets upon completion of the storm drain. As an inspector, Mr. Klingenberg performed density testing of subgrade, base, and asphalt concrete; observation of subgrade stabilization; density testing of storm drain trenches and during backfill. PORTOLA CENTER, LAKE FOREST, CALIFORNIA The Portola Center residential subdivision is located in the City of Lake Forest in the eastern portion of Orange County, California. The 200 acre property is planned for 700 single-family homes, a mixed -use commercial/residential area, multi -family housing, and public and private parks/residential facilities with accommodating retaining walls, streets, and infrastructure. Mr. Klingenberg performed testing and observation during utility trenching; placement of subgrade, base, and asphalt concrete; construction of the building pad; and foundation observation. Geocon 2023-333 Page 13 August 28, 2023 <67) GEOCON RAZMIK DAVIDIAN SENIOR INSPECTOR City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Mr. Davidian has over 30 years of experience performing construction inspection services throughout the greater Los Angeles area. His experience includes numerous large-scale private developments, educational institutions, medical facilities, and various public works projects. Mr. Davidian prides himself on his strong work ethic and his ability to work as an extension of our clients' staff. He is responsive and provides effective testing and inspection services by working with clients to make sure the required testing and inspections are performed as efficiently as possible. He is a primary inspector and is capable of providing complete and comprehensive inspection and testing services for entire projects. His relevant experience includes: CITY OF NEWPORT BEACH, FIRE STATION NO. 2 REPLACEMENT, NEWPORT BEACH, CALIFORNIA The City of Newport Beach is replacing the Lido Fire Station No. 2 on 32nd Street — built in 1953 — and replacing it with a new structure on the corner of 28th Street and Newport Boulevard. The new location is larger and will provide better access to more residential areas than the old station. Mr. Davidian provided welding inspection during construction. CITY OF THOUSAND OAKS, HAIGH ROAD STORM DRAIN IMPROVEMENTS, THOUSAND OAKS, CALIFORNIA Mr. Davidian served as special inspector throughout the duration of construction for the Haigh Road Drainage Improvement Project. Geocon's scope of services included soils testing of the installation of 60" RCP, backfill testing under AC paving, junction structure concrete testing, laboratory testing of soils, and laboratory testing of sampled concrete. Los ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS, JESSE OWENS PARK NEW BASKETBALL COURT, Los ANGELES, CALIFORNIA EXPERIENCE 30 years CERTIFICATIONS - ICC Commercial Building - ICC Commercial Mechanical - ICC Commercial Plumbing - ICC Reinforced Concrete - ICC Pre -Stressed Concrete - ICC Special Soils - ICC Structural Steel & Bolting - ICC Structural Welding - ICC Spray -Applied Fireproofing - ICC Structural Masonry - LA City Grading - LA City Concrete Construction - LA City Masonry Construction - LA City Wood Construction - LA City Drilled -In -Anchors - LA City Structural Steel & Welding - LA City Gunite/Shotcrete - LA County Concrete - LA County Masonry - LA County Welding - AWS Certified Welding Inspector - City of Santa Monica Inspector - Class B- CA General Building Mr. Davidian performed geotechnical inspection and testing services during Contractor placement of subgrade, base, and asphalt concrete. He also provided observation and testing services during the concrete grout pour and created concrete cylinders for laboratory testing purposes. CITY OF PASADENA DEPARTMENT OF PUBLIC WORKS, ON -CALL SOILS & MATERIALS TESTING SERVICES CONTRACT Mr. Davidian served as special inspector for projects on the City of Pasadena Department of Public Works On -Call Geotechnical Engineering, Materials Testing, and Inspection Services contract. Geocon has provided services on Arroyo/Rose Bowl Drive, Preventative Maintenance of Streets, Green Street and Fair Oaks Avenue, Arroyo and Linda Vista, La Pintoresca Library, roadwork on Walnut Street between Daisy and Sunnyslope, East Side Storm Drain from Belvidere to Mountain Street, roadwork on the corner of Fair Oaks and California, slope failure at 1175 North Arroyo Boulevard, and a storm drain break at East Del Mar Boulevard west of Allen Avenue. Geocon 2023-333 Page 14 August 28, 2023 <40_7 )� GEOCON RESUMES OF SUBCONSULTANTS ENTHALPY ANALYTICAL DIANE M GALVAN I SENIOR PROJECT MANAGER 931 W BARKLEY AVE, ORANGE, CA 92868 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Ms. Galvan has over thirty-one years of industry knowledge in the environmental laboratory industry. Her laboratory experience ranging from Sample Receiving Technician, Client Services Coordinator, Sample Receiving/Field Services Supervisor, Project Manager and now Sr. Project Manager brings not only an in- depth knowledge of the environmental market as well as a unique ability in developing and maintaining strong relationships though loyalty, trust, and dedication to her clients. Ms. Galvan's responsibilities include interacting with clients on a daily basis concerning sampling, courier service, project specifics, sample results, and final reports. She also assists with coordinating laboratory personnel to provide on -time delivery for her clients. Some of Geocon's experience with Enthalpy Analytical includes: • City of Newport Beach, Superior Avenue Parking Lot, Newport Beach, California • City of Victorville, Green Tree Blvd Extension Project, Victorville, California • California Parks & Recreation, Palomar Mountain Water Well, San Diego, California • City of Sacramento, Norwood Avenue Supplemental Phase II ESA, Sacramento, California • Department of General Services, San Joaquin County Fairgrounds Phase II ESA, Stockton, California GOLD CONSTRUCTION SERVICES THOMAS ROBINSON I VICE PRESIDENT 11557 POEMA PLACE #102, CHATSWORTH, CA 91311 Mr. Robinson has a proven ability to manage account relationships and large-scale projects, ability to organize, prioritize, and work under extreme pressure and heavy deadlines. He is experienced in leading cross -functional teams, managing a product line from start to finish, justifying new product development, determining, and documenting new product requirements, developing sales forecasts and product pricing, and launching new products to the marketplace. Some of Geocon's experience with Gold Construction Services includes: • City of Newport Beach, On -Call Geotechnical Engineering Services Contract, Newport Beach, California • City of Garden Grove, On -Call Geotechnical Engineering Services Contract, Garden Grove, California • City of Pasadena, On -Call Geotechnical Engineering Services Contract, Pasadena, California • City of Los Angeles Bureau of Engineering, On -Call Geotechnical Engineering Services, Los Angeles, California • Los Angeles Unified School District, On -Call Geotechnical Engineering Services Contract, Los Angeles, California Geocon 2023-333 Page 15 August 28, 2023 RFP 23-123 — On -Call GEOCON City of Santa Ana Geotechnical Engineering Services STEVEN P. KEHOE I PROFESSIONAL ENGINEER KEHOE TESTING He ENGINEERING, INC. EDUCATION 5415 INDUSTRIAL DR, HUNTINGTON BEACH, CA 92649 - Master of Engineering, University of Florida, Mr. Kehoe has worked with Cone Penetrometer Testing (CPT) and Direct Gainesville, FL (1988- Push Testing equipment over the past 35 years. As a Professional Engineer, 1989) he has worked as a consulting geotechnical & environmental engineer and - Bachelor of Science Civil have used CPT data on thousands of projects (including several EPA Engineering, University of Superfund projects and large government projects). As a General Manager Florida, Gainesville, FL for twelve years and currently as owner of Kehoe Testing & Engineering, Inc. (1983-1988) (KTE), his main goal is to ensure that quality soil & groundwater data are CERTIFICATIONS obtained, and to assist the client in the interpretation of the data & planning of - CA: Professional Engineer the exploration in the field. Some of Geocon's experience with Kehoe Testing No. 53006 & Engineering includes: - CA: Contractors License • City of San Diego, Lifeguard Headquarters Fuel Tank, (C-57 Well Drillers), No. San Diego, California 786163 - The National Council ofExaminers • Los Angeles Unified School District, On -Call Geotechnical for Engineering Engineering Services Contract, Los Angeles, California & Surveying, #18038 • Los Angeles Department of Water and Power, City Trunk Line U- - Osha/Hazmat Training, 3, Los Angeles, California 40hr Health & Safety and • County of San Diego, Bonita-Sunnyside Branch Library, Chula 8hr Refresher Vista, California - American Society of Civil Engineers, Member • Sycuan Band of the Kumeyaay Nation, Smith Ranch Development Site, San Diego, California SOCAL DRILLING CO CERTIFICATIONS RANDY A FAGAN I ROTARY WASH DRILL RIG OPERATOR - C57 Water Well Drilling 1521 ELMSFORD AVE, LA HABRA, CA 90631 license- 864735 - SBE - State of California Mr. Fagan is a self-employed Rotary Wash Drill Rig Operator with extensive - SBE - Port of Long Beach experience in both geotechnical and environmental drilling through all types (BAVN) of formations. He is well trained in technology, mechanics, and safety - 40 Hour Hazmat Training procedures relevant to the drilling process and has a proven track record of - Railroad Safety Training completing difficult projects on schedule and on budget. Mr. Fagan has - Personal Online Safety excellent interpersonal skills, professional attitude, and firm personality to Training manage projects independently or as a team member. Some of Geocon's experience with Socal Drilling includes: • San Diego Gas & Electric, Bay Boulevard Substation, San Diego, California • City of Newport Beach, Junior Lifeguard Facility, Newport Beach, California • City of Los Angeles, Venice Beach/Rose Avenue Restroom, Los Angeles, California Geocon 2023-333 Page 16 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON MARTINI DRILLING DARIN MARTINI 12141 MARINERS WAY, GARDEN GROVE, CA 92843 Mr. Martini has over 37 years of experience providing geotechnical and environmental drilling services. His responsibilities includes contract CERTIFICATIONS management, supervising health and safety requirements, materials - California C-57 procurement, equipment scheduling, and managing and supervising staff. - API WorkSafe Certificate Some of Geocon's experience with Martini Drilling includes: - Cal OSHA 40 Hour Hazardous Waste • Orange County Fire Authority, Training Tower, Irvine, California Training • City of Pasadena, On -Call Geotechnical Engineering Services - Annual 8-Hour Contract, Pasadena, California Refresher Course • City of Los Angeles Bureau of Engineering, On -Call Geotechnical - RSO Training Engineering Services, Los Angeles, California - LPS Certified • County of Los Angeles Department of Public Works, On -Call Geotechnical Engineering Services, Los Angeles, California BELSHIRE ENVIRONMENTAL SERVICES, INC. BRIAN F CASS I VICE PRESIDENT OF BUSINESS DEVELOPMENT 25971 TOWNE CENTRE DRIVE, FOOTHILL RANCH, CA 92610 Brian Cass has been involved in the hazardous waste industry since June 1994. He has extensive knowledge of hazardous waste regulations on both EDUCATION a state and federal level and has completed the Department of Transportation - B.A., Political Science 126F/181 Hazardous Materials Transportation Training. Brian maintains a (Minor Earth Science), thorough understanding of waste classification according to RCRA and TSCA California State University, guidelines. His knowledge of regulations, land disposal restrictions and soil Fullerton (1986) treatment standards are instrumental in providing our clients with the information necessary to properly determine the most cost effective remediation options for their waste. Brian also has a thorough knowledge of DOT shipping classifications for the safe transportation of waste handled by Belshire, ensuring that all waste is properly labeled and placarded in appropriate containers prior to transportation. His knowledge of shipping documentation is also vital for the safe, efficient and proper transportation of our customers' waste. As Vice President of Business Development and Sr. Account Manager at Belshire, Brian is responsible for managing the accuracy and efficiency of all aspects of staff assigned projects, as well as coordinating individual projects himself. Brian prepares and/or reviews cost proposals/project budgets, coordinates staff/subcontractor tasks and data collection, evaluates analytical data reports and waste classification decisions, and compiles written reports. Brian effectively manages environmental projects ranging in size from $100 to over $1,000,000. Many of these projects have been public agency, transportation and utility related. Some of Geocon's experience with Belshire Environmental Services includes: City of San Diego, San Diego Convention Center Ph lii City of Chula Vista and San Diego Metropolitan Transit System, Transit Oriented Mixed Use Site, Chula Vista, California • City of Los Angeles Bureau of Engineering, On -Call Geotechnical Engineering Services, Los Angeles, California Geocon 2023-333 Page 17 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON CHART OF PRIMARY STAFF City of Santa Ana Project Manager Jelisa Thomas Adams, GE Senior Engineer Quality Assurance/ Quality Control Neal Berliner, GE Key Professional Staff Gerald Kasman, CEG Senior Geologist Petrina Zen, PE Project Engineer Laboratory Services Phillip Stephens Regional Laboratory Manager Sergio Ingco Laboratory Manager Multi -Certified Inspectors Alex Do Marc J. Radlinski Tyler Klingenberg Razmik Davidian Detailed resumes of the key personnel selected for this contract have been provided in Section C, Firm and Team Experience. Resumes. The personnel listed have the necessary certifications and prior experience to perform geotechnical services for the City of Santa Ana. In addition to our proposed project team, Geocon has a large staff of over 275 registered engineers, geologists, certified special inspectors, and support staff who are available to perform work on this project if the need for additional resources arises. ANTICIPATED AVAILABILITY Pr 11 Geocon is confident in our ability to provide geotechnical services to the City's satisfaction. We are accustomed to working on multiple, large-scale concurrent projects and working on projects with tight budgets and schedules. Our anticipated project availability is provided in the table below. Jelisa Thomas Adams, GE -.Availability::1 Project Manager/Senior Engineer 25% Neal Berliner, GE Principal Engineer 35% Gerald Kasman, CEG Senior Geologist 35% Petrina Zen, PE Project Engineer 40% Phillip Stephens Regional Laboratory Manager 40% Sergio Ingco Laboratory Manager 45% Alex Do Inspector 100% Marc J. Radlinski Inspector 100% Tyler Klingenberg Inspector 100% Razmik Davidian Inspector 100% Geocon 2023-333 Page 18 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON UNDERSTANDING Geocon understands the City of Santa Ana is seeking qualified Consultants to provide On -Call Geotechnical Services for future Public Works projects. We have thoroughly reviewed the contents of the City's RFP and understand that the City wishes to select consultants for on -call services for a period of three years. The Santa Ana Department of Public Works develops, operates, maintains, and upgrades the City's infrastructure. The public works projects anticipated to need geotechnical services are primarily capital improvement projects for transportation, storm drains, sewer, and water supply. The scope of anticipated services is anticipated to include performing geotechnical investigations, pavement investigations, pavement condition surveys, pavement rehabilitation design; performing review of project plans and specifications; and providing construction inspection, materials testing, and laboratory testing services in conformance with the City's and/or Caltrans' Quality Assurance Program. Geocon is capable of providing the full scope of services outlined within the 17 bullet points listed on pages 2 and 3 of the City's RFP. Enclosed is our Standard Hourly Fee Schedule. In accordance with the RFP, we understand that these billing rates will be maintained through the duration of the contract. APPROACH Geocon's first priority when presented with a scope of work for a project is to review the information provided as well as any background information available to gain a thorough understanding of the project elements, needs and potential challenges. Following our analysis of the scope of work, we identify the key issues that need to be addressed, such as site conditions, characteristics, access, urgency, schedule, and weather considerations. As a matter of professional practice, we regularly review federal, state, and local agency codes, including County and City standard specifications and details to ensure that our services meet the standards adopted by the respective agency. Following this review, we then create an proposal that addresses the requested needs of the project along with any key issues we have identified. Our primary goals are to perform our field investigations with minimal environmental and social impact and to effectively evaluate the geotechnical and geological conditions at the project site and develop cost-effective solutions for geotechnical-related design while maintaining our ethical obligation of protecting the safety, health, and welfare of the public. Our approach for providing geotechnical engineering services typically includes the following: ✓ Geocon's Project Manager receives task order request from City staff. ✓ Geocon's Project Manager will review project information and develop a project -specific scope of services and estimated fee. ✓ Geocon personnel collaborate with City staff and to review the City's expectations for the project, County, State, and/or Federal funding or technical requirements, and any project -specific challenges. No two projects are the same and Geocon evaluates each project with a wide perspective to avoid missing details that would otherwise lead to delays or additional costs. ✓ The proposed scope and fee are reviewed by the City and a final scope and fee are negotiated. ✓ The Geocon team performs the authorized services as requested by the City. ✓ Geocon submits draft reports for City review. ✓ Project deliverables (reports, plans, inspection reports, laboratory test results) are reviewed by Geocon's Project Manager prior to final submittal and finalized after incorporating any comments from the City. Geocon 2023-333 Page 19 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON ON -CALL GEOTECHNICAL & MATERIAL TESTING SERVICE NEWPORT BEACH, CALIFORNIA Geocon is currently contracted with the City of Newport Beach to perform on - call geotechnical engineering and materials testing services. Over the course of this contract, Geocon has provided nearly $449 thousand in geotechnical and materials testing services over the course of nine projects authorized in the last year. Our services include geotechnical observation and field testing, compaction testing, and geotechnical investigations and studies. Some of these projects are summarized as follows: ANNUAL SLURRY SEAL REPAIR PROGRAM REFERENCE City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92658 Andy Tran, PE Senior Civil Engineer (949) 644-3315 atran@newportbeachca.gov KEY PERSONNEL Jelisa Thomas Adams, GE Neal Berliner, GE Petrina Zen, PE PROJECT DURATION Geocon provided as -needed special inspection and testing services during December 2018 - Ongoing construction of the Slurry Seal Program project in the City of Newport Beach, GEOCON FEE California. The repair program consisted of placing 3,600,000 square feet $640,000 of Type 1 Slurry Seal throughout the City of Newport Beach. Samples of the slurry emulsion and aggregate were taken prior to the start of the roadway sealing testing, and consisted of collecting two samples per truck per day. All samples were tested for Wet Track Abrasion, Slurry Emulsion Oil Content, and Slurry Aggregate Gradation. ANNUAL CONCRETE REPLACEMENT PROGRAM Through our on -call contract, Geocon provided testing and inspection services for the Annual Concrete Replacement Program for the City of Newport Beach. The project consisted of the removal and replacement of sidewalk, curb and gutter, and driveway entries at various locations. The project predominantly consisted of unreinforced concrete; however, select areas required reinforcing, which Geocon also provided inspection. Our services included collection of concrete samples, observation of rebar placement, and compressive strength laboratory testing. NEWPORT CENTRE FIRE STATION Through our on -call contract, Geocon conducted a limited geotechnical investigation for the proposed addition to the existing fire station structure for the City of Newport Beach. The scope of the investigation included a site reconnaissance, field exploration, laboratory testing, engineering analysis, and the preparation of a final report. The proposed project consisted of a new 414 square foot building addition constructed adjacent to the existing structure. The existing structure is supported on belled caissons which extend approximately 10 feet below the slab -on -grade of the existing structure. Geocon made design recommendations for the end -bearing caissons, concrete slabs -on -grade, preliminary pavement recommendations, temporary excavations, and surface drainage. ARTERIAL HIGHWAY REPAIR Geocon performed testing services and a geotechnical observation for the Arterial Highway Repair Project. We performed in -place density tests on asphalt concrete placed and testing for street improvements. Geocon's ultimate opinion was that the grading and placement of engineered materials performed in conformance with the project plans. Geocon 2023-333 Page 20 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCO v CITY OF ANAHEIM ON -CALL MATERIALS TESTING, DEPUTY INSPECTION, & ENVIRONMENTAL ENGINEERING SERVICES ANAHEIM, CALIFORNIA Geocon is currently contracted with the City of Anaheim to provide materials testing, geotechnical engineering including analysis and testing, environmental assessments, and review of environmental reports. Some of the projects we have performed services on for the City are as follows: RESIDENTIAL STREET IMPROVEMENT PROJECT, WILLOWBROOK AND REFERENCE City of Anaheim 200 S Anaheim Blvd, Ste 276 Anaheim, CA 92805 Lorenzo Rea, Project Manager (714) 765-6893 Irea@anaheim.net KEY PERSONNEL Jelisa Thomas Adams, GE PROJECT DURATION May 2022 - Ongoing RIVERDALE, GROUP 1 GEOCON FEE Geocon is currently providing as -needed geotechnical, material testing, and $99,100 inspection services during construction of pavement improvements in the Willowbrook and Riverdale neighborhoods in Anaheim. The project entails approximately 1,312,000 square feet of grind and overlay and 1,035,000 square feet of slurry seal. Work which requires geotechnical and materials testing and inspection services for the project includes Asphalt Concrete (AC) materials sampling and laboratory testing; batch plant inspection; AC materials / compaction testing; providing proactive feedback to the City Project Manager and Contractor to identify areas that may affect the paving operation and recommend alternatives to avoid potential delays; and maintaining effective records of communication and material testing reports. MISCELLANEOUS WATER VAULTS Geocon is currently providing as -needed geotechnical and material testing and inspection services during the Miscellaneous Water Vaults 10, 29, 49, & 94 (RCP 2020-17927) and 26, 33, and 55 (RCP 2021-18474) capital improvement projects. The projects generally consist of the rehabilitation and/or abandonment of seven total miscellaneous water vaults located in the City of Anaheim. The scope of work consisting of soils / aggregate inspection and compaction testing; asphalt concrete (AC) inspection, compaction testing, and sampling; and structural or non-structural concrete observation and strength testing. Work which requires geotechnical and materials and testing and inspection services are anticipated to include observation of trench and excavation bottoms; observation as well as field and laboratory testing of soil and aggregate material; observation as well as field and laboratory testing of asphalt concrete; observation and testing of structural and non-structural concrete for pipe and elbow supports as well as curb and gutter; providing proactive feedback to the City Project Manager and Contractor to identify areas that may affect the paving operation and recommend alternatives to avoid potential delays; and maintaining effective records of communication and material testing reports. Geocon 2023-333 Page 21 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services � EOCON CITY OF GARDEN GROVE ON -CALL GEOTECHNICAL SERVICES GARDEN GROVE, CALIFORNIA Geocon currently holds an on -call geotechnical, materials, testing and inspection services contract with the City of Garden Grove. We have completed numerous pavement restoration projects including arterial streets, residential roads, storm drains, and a variety of public improvement projects. Some of these projects are summarized below: VARIOUS RESIDENTIAL AND ARTERIAL STREETS IMPROVEMENTS PROJECTS REFERENCE City of Garden Grove 11222 Acacia Parkway, P.O. Box 3070 Garden Grove, CA 92842 Navin Maru Project Engineer (714)741-5600 navinm@ggcity.org KEY PERSONNEL Jelisa Thomas Adams, GE John Stapleton, PE PROJECT DURATION May 2020-Ongoing GEOCON FEE $224,200 Geocon provided testing and observation services during the street improvement project in the City of Garden Grove. The project would result in an improved roadway surface and minimize maintenance efforts. The purpose of the testing and observations was to determine that the specifications required for the project were met. We performed in -place density tests, laboratory tests, and prepared a report summarizing our testing and observation findings. Geocon concluded that the preparation of the paving subgrade soils and the placement of engineered materials had been performed in substantial conformance with the requirements of the City of Garden Grove and the project plans. VARIOUS STREETS AND STORM DRAIN IMPROVEMENTS Geocon performed a limited geotechnical investigation as part of the Acacia -Josephine Storm Drain Project for our on -call contract with the City of Garden Grove. The project was to improve the street pavement, which had rutting and cracks, as well as adding a storm drain to improve poor drainage conditions. The planned rehabilitation is meant to extend the roadway to meet a 20-year design life. During the investigation we performed a site reconnaissance, a visual evaluation of the existing pavement conditions, coring of the existing pavement, advancing borings, sampling the subgrade soils and groundwater, laboratory testing, and engineering analysis. Geocon found that the roadways showed signs of moderate to severe distress, potholes, and raveling. Our reconnaissance observed streets that had ponded water, likely due to poor drainage. Geocon's opinion was that the construction of the proposed improvements could be performed provided their recommendations were followed and implemented during construction. ACACIA-JOSEPHINE STORM DRAIN UTILITY POTHOLING Geocon performed potholing services for the Acacia -Josephine Storm Drain project in the City of Garden Grove. The purpose of the work was to obtain the size and type of pipe, measure the depth of cover from finished grade to the top of pipe; and measure horizontal control from centerline of the streets. After the utilities were exposed and the desired measurements obtained the surface was restored with asphalt or concrete. The project is currently under construction and Geocon has been retained to provide geotechnical and special testing and inspection services. Geocon 2023-333 Page 22 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON SOUTH MAIN STREET CORRIDOR SANTA ANA, CALIFORNIA As a valued member of many project teams, Geocon was exclusively invited to provide testing and inspection services during the South Main Street Corridor Project. This was done to ensure the timely completion of the City's project as construction commenced while the City was in the process of finalizing negotiations with their group of on -call consultants. The project REFERENCE City of Santa Ana C/O Butier Engineering, Inc 17822 East 17th St, Ste 404 Tustin, CA 92780 Mark Butier, President (714) 832-7222 jrbutier@butier.com KEY PERSONNEL Jelisa Thomas Adams, GE John Stapleton, PE Scott DeVol Tyler Klingenberg Marc Radlinski PROJECT DURATION May 2021-September 2021 GEOCON FEE consisted of corridor improvements, street rehabilitation, and sewer [$87,000 improvements. The scope of work included pavement rehabilitation, enhancing PCC crosswalks and intersections, decorative and lighting improvements, irrigation, 2037 linear feet of sewer main and lateral replacement, and railroad coordination. landscaping and Geocon provided testing and observation services during the backfill of sewer main and lateral line trenches, and the preparation of pavement subgrade, and asphalt placement and compaction. Our scope of work included: • Performing inspection and approval of excavation bottoms prior to placing fill. • Performing in -place density tests on the soil, base, and asphalt materials placed and compacted. • Performing laboratory tests to aid in evaluating the compaction characteristics of soil types used for fill, as well as the properties of the asphalt concrete • Transmitting results effectively and immediately via verbal and written communication to the Contractor and City project liaison. • Preparing a report documenting our observations and testing services through the completion of our engagement on the project to facilitate a smooth transition and project completion. In -place density tests were performed in conformance with ASTM Test Method D6938 (Nuclear Density Gauge) for soil and soil -aggregate and D2950 for asphalt concrete. Laboratory tests were performed on the materials used as engineered fill to evaluate moisture -density relationships, optimum moisture content and maximum dry density. Geocon 2023-333 Page 23 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services � EOCON Geocon has no exceptions to the City's Sample Master Service Agreement. Geocon 2023-333 Page 24 August 28, 2023 <67) City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services City of Garden Grove On -Call Geotechnical Services I navinm@ggcity.org Navin Maru Project Engineer City of Newport Beach On -Call Geotechnical Engineering & atran@newportbeachca.gov Andy Tran Material Testing Services Senior Civil Engineer On -Call Materials Testing, Deputy Irea@anaheim.net City of Anaheim Lorenzo Rea Inspection, & Environmental Project Manaqer Enqineerinq Services Geocon 2023-333 Page 25 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON WORK PHASES GEOTECHNICAL ENGINEERING We provide geotechnical engineering services to a broad spectrum of clientele including public agencies, developers, design professionals, and the construction industry. We are a full -service geotechnical consulting firm capable of performing the field, laboratory, and engineering analyses for a project with in-house staff and equipment. All projects are managed with the ultimate goal of producing technically sound and economically feasible solutions. This is achieved by considering construction costs and client needs in conjunction with site conditions and engineering requirements. Our innovative and practical solutions to complex geotechnical problems have resulted in a substantial percentage of repeat -client work. We offer expertise in the following areas: • Geotechnical Investigations • Due Diligence Geotechnical Evaluations • Geotechnical Feasibility Studies • Percolation and Infiltration Testing • Geophysical Studies • In -Situ Testing • Shallow & Deep Foundation Design • Pavement Studies • Liquefaction Analysis • Seismic Hazard Assessments • Seismic Retrofits ENGINEERING GEOLOGY • Slope Stability Evaluations • Landslide Evaluations • Fault Studies • Vibration Monitoring • Inclinometers / Piezometers • Settlement Monitoring • Value Engineering / Peer Review • Ground Improvement Evaluations • Plan and Specification Review • Construction Management Support • Laboratory & Materials Testing In conjunction with our geotechnical engineering services, Geocon provides engineering geology support for our public and private sector clients. Our in-house staff provides a full range of engineering geology services from feasibility studies and geologic investigations to professional review of projects. Projects are managed by a Certified Engineering Geologist or Geotechnical Engineer with oversight by a principal of the company to produce technically sound, defensible, economically practical, and achievable solutions to complex geologic problems. We accomplish this by considering costs and client needs relative to the schedule, site conditions, and technical requirements of projects. Clients appreciate our innovative and practical solutions to complex geological problems and rely on us for advice and consultation. Geocon's experience and that of our individual staff members provides our clients with expertise in the service areas listed below. • Geological Feasibility Studies • Due Diligence Geological Evaluations • Geologic Hazard Reconnaissance & Mapping • Slope Stability Analysis • Landslide Evaluations & Investigations • Seismic Hazard Assessments • Fault Studies • Geophysical Studies • Geological Explorations & Investigations • Geologic Mapping • Subsurface Mapping • Geotechnical Instrumentation & Monitoring • Naturally Occurring Asbestos Surveys • Background Metals Studies • Mineral Resource Evaluations • Mine Reclamation Plans • Abandoned Mine Hazard Assessments • Hydrologic Investigations • Groundwater Resource Evaluations • Well Design / Wellsite Supervision • Plan & Specification Review • Construction Management Support • Settlement Monitoring • Forensic Studies • Peer Review Geocon 2023-333 Page 26 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON CONSTRUCTION INSPECTION To confirm compliance with our engineering recommendations, we are commonly retained to provide quality control testing services during construction. We also provide a full range of special inspection services. Our field technicians and inspectors maintain current certifications including International Code Council (ICC), National Institute for Certification in Engineering Technologies (NICET), American Concrete Institute (ACI), and State of California Department of Transportation (Caltrans), as well as required certifications from the cities and counties where work is performed. Our construction inspection services are as follows: EARTHWORK AND FOUNDATIONS • Site Grading Observation • Sloping / Compound / Excavations / Shoring • Underground Utility Installation • Subgrade Preparation • Chemical Treatment • Geotextile / Rock Stabilization • Base and Paving Placement • Spread Footing / Grade Beam Construction • Conventional / Post -Tensioned Mat Foundation Construction • Drilled / Driven Pile & Pier Installation • Micro -Pile Installation • Tie -Back Anchor / Soil Nail Installation • Stone Columns / Vibrocompaction / Deep Dynamic Compaction • Compaction Grouting LABORATORY TESTING DEPUTY / SPECIAL INSPECTIONS • Reinforcing Steel / Shotcrete Placement • Concrete Placement / Curing • Pre -Stressed / Post -Tensioned Concrete • Shotcrete • High -Strength Bolting • Drilled -In -Anchor Installation • Structural Steel Welding / Welding Qualifications • Structural Wood • Steel & Welding Fabricator Shop Inspections • Batch Plant Inspections • Reinforced Masonry Construction Our in-house soils and materials testing laboratories are certified by the American Association of State Highway and Transportation Officials (AASHTO), State of California Department of Transportation (Caltrans), Cement and Concrete Reference Laboratory (CCRL), Division of State Architect (DSA), and City of Los Angeles. Testing of soil, aggregate, asphalt concrete, and Portland cement concrete is performed in accordance with published test procedures such as American Standards for Testing Materials (ASTM), Caltrans, USACE, AASHTO, or the governing building code. Our in-house, 400,000 lb. Universal Testing Machine (UTM), manufactured by Southwark -Emery, is capable of testing up to a #18 Rebar, as well as high strength bolts and nuts. In-house quality assurance programs are maintained to provide professional -level accuracy and reproducibility acceptable to current industry standards. This is accomplished by internal staff training, calibration of appropriate testing apparatus by certified independent agencies, and periodic inspection by outside accredited testing and inspection agencies. Our testing laboratory provides soil and materials testing services and is extensively equipped and staffed with trained, qualified personnel and registered engineers who oversee laboratory testing. Laboratory reports will be distributed (pdf email) to project teams as testing is performed and failing tests will be reported immediately. Our laboratory services are available 24 hours a day, 7 days a week. Our laboratory testing services are as follows: • Soil Compaction Curves • Soil Index Properties • Soil Shear / Compressive Strength Properties • Soil Consolidation / Expansion • Soil Grain Size Analyses / Gradation • Soil Pavement Stability • Soil Corrosion • Concrete / Asphalt • Masonry / Grout / Mortar • Rebar, Yield and Tensile Strength • Bolt Assemblies Geocon 2023-333 Page 27 August 28, 2023 <01V) GEOCON TASKS City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Geocon will provide the following under this on -call contract: 1. Project Management - The Consultant shall be responsible for project management activities throughout the life of the contract. The scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City of Pasadena and consultant sub- contractors, and preparing all submissions for the City of Pasadena to submit to Caltrans Local Assistance. 2. Construction Administration - Perform construction administration including the following: attending pre- construction meeting or progress construction meetings; submittal and shop drawing reviews in conformance with the contract documents; and responses to the RFIs. Consultant shall respond to submittal and shop drawings within 7 working days and within 3 working days for RFIs to the City's Project Manager from the date documents are received from City staff. 3. Project Documents: Plans, Specs, Schedule, Estimate - Geocon will prepare project documents (i.e., project specifications, project plans, bid schedule, and estimate) in adherence to applicable codes and standards. Geocon will also perform quality assurance checks to ensure the accuracy and completeness of project documents. 4. Engineering Peer -Review- Review and evaluate engineering geology and geotechnical engineering reports including, but not limited to, geotechnical sections of Environmental Impact Reports (EIR). Provide the City staff with specific recommendations regarding the acceptability of such reports and provide detailed review comments to bring the report in compliance with City requirements. 5. Plan Review - Geocon will review foundation and grading plans for proposed development projects to ensure compliance with applicable geotechnical recommendations. 6. As -Built Review - Geocon will review "As Built" geotechnical engineering and geological reports for adequacy/completeness. 7. Field Observation & Recommendations - Geocon will provide field observation and recommendations as to adequacy / completeness during grading or during other geotechnical aspects of construction projects, as requested by the City. Geocon will also review field testing procedures being implemented by the developer's geotechnical consultant, if so requested by the City. 8. Geotechnical Investigations - Geocon will perform geological studies, geotechnical testing, geotechnical-engineering evaluation, and design mitigation measures for landslides and publicly - owned properties. Work shall be performed under the direct supervision of a registered California Geotechnical Engineer (GE) and California Certified Engineering Geologist (CEG). 9. Materials Recommendations - Geocon will review and make recommendations for backfill, excavation, dewatering, utility trenches, drainage, and typical sections for pavement. 10. Field Monitoring - Collect, compile and review field monitoring data. Evaluate data trends and provide periodic communication with City staff regarding data analyses. Maintain databases of monitoring and maintenance records. Provide Geographic Information System and mapping services. 11. Reporting for NPDES Permitting - Geocon will prepare annual report summarizing monitoring data and maintenance operations. Furthermore, Geocon will prepare quarterly and annual reports for submittal to the Regional Water Quality Control Board in accordance with NPDES permit requirements. Geocon 2023-333 Page 28 August 28, 2023 GEOCON <01V) City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services 12. Geological Hazard On -Call Emergency Response - Geocon will provide 24-hour on -call emergency response services as necessary to evaluate existing or pending geological hazards (or damages resulting therefrom) to public or private property, including earthquakes, landslides, mud / debris flows, flooding, fires and other natural hazards. When requested, Geocon will provide recommendations to the Building Official regarding the necessity for yellow -tagging or red -tagging structures threatened by geological hazards. Geocon will coordinate emergency services with FEMA / OES representatives and perform work in accordance with FEMA/OES guidelines in order to ensure maximum recovery of incurred costs. 13. Litigation Support - Provide litigation support, expert -witness testimony, and conduct geo-forensic studies in support of City -related litigation. 14. Attend Public Meetings - Geocon will attend community meetings and pre -bid conference, if required for the project, and respond to the bidder's technical questions via addendum that will be prepared by the City's Project Manager; Geocon will also make presentations to City Council, public, and other agencies as requested by City staff. 15. Change Order Review - Geocon will be available to the City to assist with the review of any contract change orders that may arise during the construction phase of the project; Geocon will also prepare supplemental documents such as bulletins, drawings and/or details, as required to facilitate changes in the work as may be necessary, or where it is determined more information is needed to complete the work. DELIVERABLES As a full service geotechnical engineering firm, Geocon intends to provide the City with geotechnical and geologic engineering services which may include subsurface geotechnical, geological and hydrogeological investigations, seismic studies, roadway rehabilitation and design, ground penetrating radar to determine asphaltic concrete thickness and location of utilities, design and testing for water system installations, laboratory testing, and report preparation. The following services are anticipated to be required per the RFP. We have also included estimated timeframes and notes regarding Geocon's method of delivery. Geocon will furnish all necessary field equipment, survey equipment, and other supporting equipment and consumables. Our staff possesses a strong ability to provide diverse professional expertise in our service disciplines and through multi -certified personnel we will provide any or all services as applicable to this service category as outlined in the RFP. • Consult with authorized employees, agents and representatives of the City and other agencies having jurisdiction relative to the geotechnical/materials testing and inspection of the project. Geocon is accustomed to managing projects under public works process where a multi -level jurisdiction takes place. Geocon communicates with each team member and maintains a transparent communication pattern. • Attend meetings as scheduled by the City for the purpose of obtaining data pertaining to the project. Geocon works well with members of the project team and we make every effort to contribute innovative approaches to project designs which save our clients time and money. • Obtain and test soil samples. Prepare and submit preliminary geotechnical investigation and recommendations prior to the beginning of construction. Geocon will schedule an appropriate time to arrive on site with a drill rig to obtain soil samples at appropriate depths for each assigned project. Geocon will prepare a geotechnical investigation report which will detail our findings, recommendations and conclusions giving the City plenty of time to review and consult prior to construction begins. • Provide geotechnical/materials/ testing and/or inspection services during the construction of the project. By providing a multi -certified inspector on site during construction, Geocon will save the City time and budgetary funding. Geocon 2023-333 Page 29 August 28, 2023 GEOCON <01V) City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services • Test designated construction materials for compliance with project plans and specifications. Geocon will provide materials testing through our accredited in-house quality assurance testing laboratory. • Report all work observed on a daily basis and report material test results immediately upon completion of testing. Geocon provides daily field reports to all requesting parties at the end of each day on -site, and at the completion of the project in a compiled report. • Promptly prepare and submit written reports documenting all geotechnical/materials testing and inspection services performed. Geocon's reporting process includes all findings and documentation incurred during all services performed a minimum of 24 hours or sooner if necessary. • Advise the City as to the acceptability of materials tested and inspected. Geocon considered by many as a trusted advisor, we will always be available to the City, regardless of project assignment to answer any questions or to advise on what to do in the event of failure in materials tested and/or inspected. We do not charge for advice. • Participate in final inspection of the project and advise City as to acceptability of work performed by construction contract. To maintain consistency, Geocon will provide a lead multi -certified inspector who will participate in the final inspection of the assigned project, together we will advise the City as to the acceptability of work performed by the construction team. • Prepare final geotechnical report. Geocon will prepare a final geotechnical report for each geotechnical investigation performed under this contract and will furnish said reports in a timely manner. • Services shall be performed as requested by the City and shall conform to the contract documents, Title 24 of the California Administrative Codes, Underwriter's Laboratories, American Society of Testing and Materials, and other code authorities. Geocon is very familiar with local, state, federal, and other code authority requirements. Our services will be performed to project and applicable code specifications. We keep all our staff up to date on any changes that may occur in code requirements. SCHEDULE/TIMELINE In order to maintain project schedules and minimize delays, Geocon maintains regular communication with clients throughout project durations. Our staff understands the importance of direct client communication concerning the scope of work, project milestones, and project deliverables. It is important that Geocon has a clear understanding of the project and client expectations before commencing work. Through advanced planning and establishment of project milestones, potential impacts on the critical path are flagged early to allow for contingency planning, which minimizes risks to the project including delays and budget overruns. Geocon regularly completes projects on schedule and is conscious of the importance of timeliness during report preparation and when responding to questions from the project team throughout the project duration. Documents are provided to the project team in electronic (pdf) format to keep projects moving forward in an expeditious manner. Our laboratory is staffed by seasoned technicians and is open 17 hours per day to expedite laboratory results and complete reports ahead of schedule. Reports are typically sent electronically via email and by hard copy via overnight mail once completed. This allows the project team more time to complete their tasks while waiting for the final documents. Our staff is accustomed to mobilizing on relatively short notices, provides deliverables in a timely manner, and has proven its ability to provide services for multiple, large-scale projects concurrently while adhering to project schedules. Geocon 2023-333 Page 30 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services *Our fee proposal is submitted in a separate document per the instructions in the RFP. Geocon 2023-333 Page 31 August 28, 2023 <67) City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON CERTIFICATIONS4. FROM PAGE LIMIT) ON -COLLUSION AFFIDAVIT Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NONZOLLU5TON AFFIDAVIT (Title 23 United St3Tes Code Smdon 112 and Public Contract Cade Section 7106) To the CITY DF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Titk- 23 United Stales Code Section 112 and Public Contract Cade 710b the BIDDER declares dial dw bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporatioe; that the had is genuine and not collusive or sham; that. the BIDDER ]us trot directly or indirectly induced or solidled any other BIDDER tD put in a false or sham bid, and has not di Illy or indirectly colluded, conspired, connived or agreed with any KIDDER or anyone else to put in a sham bid, -or that anyuiw shall rrPrain from bidding-, that. &C BIDDER has not in any manner, directly -or indirectly, saq t by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to Fix any overhead, profit, na cast clement of the bid price, -or of that of any other BIDDER, or to secure any advantage against the public body awarding the conmtcl of anyone intemled in the propD=d contract, that all statements contained in the bid arc trot; and, further, that the BIDDER has not direcxly or indirectly, submitted his or her bid price or any breakdown twine — f, or tire izimAcnis thumul', or divulged information or data rcla[ivc thcre10, or paid, and will not pay, any foc to any corporation, partnership, company assaeiadom orpartixation, bid depository, or to any member or agent xhereof to effectuate a collusive or sham bid. Note; The above Non-colfusion Affida-vit is part of the Proposal. Signing this Proposal on the dgnaturc portion thereof shall also constitute signature of this Non -collusion Affidavit_ BIDDERS are cautioned that making a false cextiftcmion rnt#y subject the certifier to criminal prosecution. Signed date of California County of :subscribed and sworn To (or a#Tirmod) before me on day of 20-1 by . proved to me on the basis taf s ¢Tory evidence to be the persons] who appeared before me. Noefly+ Notary Nblit Seal Clty of Santa Ana RFP 23-12 a P 9geA3.1 Geocon 2023-333 Page 32 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services � EOCON ACKNOWLEDGMENT A notary public or other officar ocrnpleting this certiricatia verifies only the identity of the Individual who signed the document to which Ihis certificate is attached, and not the truthfuImss, accuracy, or vaNdty of That document. State of California SAN DIEGO County of } On AUGUST 10, 2023 before me, personally appeared WILLIAM LYDON LM ]O DUNCAN (insert name and title of the officer) who proved to me on the basis of satisfarlory evidence to be the parsons) whose name(s) Isiare subscribed) to the within Instrument and acknowledged to me that heishelthey executed the same r hislherRhelrauthorized capaclty(Ios), and that by hi0herltheirsignatur8(s)on the instrumenttho persons), or the entity upon behalf of which the person(s) acted, executed the inslrumenL I cerlify under PENALTY OF PERJURY under the lays of the State of Callfornla that the foregoing paragraph Is true and correct. WITNESS my hand and f5cial Wall. LU # Pdr{a[ �wuy R7blk, 4N'it. ii^ hvp[wxi4 Cw,.nl�ppn r 1l7�W �, {Tnd [arm in', 24iJ Signature (Seal) Geocon 2023-333 Page 33 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION Appendix ATTACHME T 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The l rospec i-m participant certifies, by k2niag and mbmmtdng this bid or proposal, to the best of his or her lmow:ledre and belief. that: 1. No federal appropriated fiords have been paid or will be paid by or an behalf of the under -aped, to any person for influencing or a"ting to infliwnce an officer or etrplo}ee of any federal arty, a Member of Congress, an offices orempkf�,ee ofCongres-s, or an enFlo3Te of a Member ofCongress in connection with the awarding of any federal contract, the malting of any federal grant, the making of any federal loan. the entering into of any cooperative ageement, and the extemioq omtimiatiom, renewal_ amendiuenr, or modification of any federal contract gr=, loam_ or coopera %v- ag Bement. 2. If any- fiords other than federal appropriated finds hm been paid or will be paid to any person far in iiencing or atten>piing to influence any officer or emoployw ofaw federal agency, a Member of Congress, an officer or emplo3w of Congress, or an emplo3ree of a Member of Congress in connection wilhthis federal contract, grant load loan or cooperative agreement the undersigned shall complete and submit a :`Disclosure of Lobb3ingAcbmtes". 'This afftification is a material repres�tion of fact upon which reliance was plated when this transaction was made or entered info_ Submission ofthis certification is a prerequisite far making or entering into this hmsactiom imposed by Section 1352, Title 31, U_ S. Code_ Any person who fails to file the required certification shall be subject to a ekil penalty of not less dian $10,000 and not more than 100,000 for each suchfaihtre. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that ihe langmge of this certification be included in all lower tier subcontracts. which exceed $1 W:070 and that all such sub recipients shall certify and disclose actordu4y. Geo:m West Inc. Signed and Printed Nance: Title Dice Presidem Dale AqW 28, 2Q23 City of Santa Ana RFP 23-123 Page A3-2 ,Kgie.a Thom; Adam Geocon 2023-333 Page 34 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON ATTACHMENT 3-3: NON-DISCRIMINATION Appendix ATTACHMENT 3-3: NON-DI'.SCRE II AT ION CERTIFICA-HON CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment vvithout, regard to their race, color, religion, sex, of national origin. Such action shall include_ but not be limited to, the following: employment- upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter nation; rates of pay or other forms of compensation; and selection for train.iug� including apprenticeship. The Consultant agrees to past in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause_ 2. The Consultant shall. in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants uvill receive consideration for employment arithout regard to race, color, religion, sex or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he 'she has a collective bargaining agreement or other contract or imdentanding, a notice to be prm-ided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all punrisions of Executi-,e Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 19657 and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his,her books, records, and accounts by the administering agency and the Secretary of Labor far purposes of investigation, to ascertain compliance with such rules.- regulations- and orders_ 6. In the event of the Consultant's non-compliance with the nondiwrim nation clauses of this contract or i;ith any of the said rules, regulations, or orders, the contract may be canceled, terminated or suspended in whole or in part and the Consultant may be declared ineligible for further Gcwetnment contracts of federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as punrided in Executi,-e Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as othern ise provided by law. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisicros of paragraphs (1) throw (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 23-123 Page A3-3 Geocon 2023-333 Page 35 August 28, 2023 <67) City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subccmtract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threateued aith, litigation Ath a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United Mates enter into such litigation to protect the interests of the Uaited States. S. Pursuant to Califia= Labor Code Section 17-35, as added by Chapter 643 Mats. 1939, and as amended_ No discrimination shall be made in the emploimxent of persons upon public works because of race, religious creed, color, national origin, ancestry;, physical handicaps, mental conditicm, marital stanis, or sex of such persons, except as provided in Section 1424, and any consultant of public works %iolating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: dent Title- C*Kx)m West Irr- Firm_ I]ate= Auwst28.2023 City of Santa Ana RFP 23-123 Page A3-4 Geocon 2023-333 Page 36 August 28, 2023 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable 2023 SCHEDULE OF FEES PROFESSIONAL SERVICES Word Processor/Non-Technical Assistant/Draftsman/Dispatcher.................................................................................................... $95/hr Engineering Assistant/Lab Technician............................................................................................................................................. 95/hr Engineering Field Technician (Earthwork/Compaction TestingBackfill) ....................................................................................... *85/hr Special Inspector (Concrete, Rebar, Masonry, Welding, etc.).......................................................................................................... *90/hr Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles) ...................................................................................... *I I0/hr LA City Deputy Grading Inspector (Bottom Approval / Shoring / Foundations / Piles).................................................................. * 125/hr StaffEngineer/Geologist.................................................................................................................................................................. * 125/hr SeniorStaff Engineer/Geologist....................................................................................................................................................... * 135/hr ProjectEngineer/Geologist............................................................................................................................................................... * 145/hr SeniorProject Engineer/Geologist................................................................................................................................................... * 155/hr SeniorEngineer/Geologist................................................................................................................................................................ * 175/hr AssociateEngineer/Geologist.......................................................................................................................................................... *200/hr Principal Engineer/Geologist/Litigation Support ............................................................................................................................. 400/hr AttorneyFees (General)................................................................................................................................................................... 500/hr Depositionor Court Appearance...................................................................................................................................................... 550/hr Overtime/Saturday Rate/Night Rate (7pm — 6am w/ 8-Hour minimum per call out) ....................................... 1.5 X Regular Hourly Rate Sunday and Holiday Rate..................................................................................................................................... 2 X Regular Hourly Rate Minimum Field Services Fee per call -out, 4 Hours (if 4 hours or less), 8 Hours (if more than 4 hours and less than 8 Hours) Short -Notice Cancellation, 4 Hours (if after 4 pm of the day prior to the scheduled inspection time) Short -Notice Cancellation, 4 Hours (upon or after arrival at jobsite) *Prevailing Wage (PW) California Labor Code § 1720, et. Seq add $50/hr ................................................................................................................................................................................................................................................................................................................................................................................ . :TRAVEL ...............................................................................................................................................................................................................................................................................................................................................................................: Personnel......................................................................................................................................................................... Regular Hourly Rate Subsistence(Per Diem)................................................................................................................................................................... $300/day VehicleMileage............................................................................................................................................................................. 0.75/mile EQUIPMENT, MATERIALS, $ ANALYTICAL TESTS ........................................................................................................................................................................................_...................................................................................................................................................................................... ........................... . Nuclear Density Gauge / Sand Cone Testing Equipment...... $10/hr 55-Gallon Drum.................................................................... 120/ea Vehicle.................................................................................... 10/hr Visqeen (6 mil 20X100').................................................... 135/roll Special Inspection Equipment .................................................. 5/hr Traffic Cones/Barricades ..................................................... 35/day Asphalt Cold Patch/Concrete................................................30/bag TPHg(EPA 8015B)................................................................ 70/ea Double Ring Infiltrometer Equipment.................................200/day TPHd/TPHmo.................................................. (EPA 8015M) 75/ea GPS Unit.............................................................................160/day TPH Carbon Chain Breakdown .................... (EPA 8015M) 110/ea Pick-up Truck.....................................................................150/day Methanol and/or Ethanol (EPA 8015M) .............................. 125/ea Water Buffalo........................................................................75/day Volatile Organic Compounds ....................... (EPA 8260B) 125/ea Dynamic Cone Penetrometer...............................................400/day Semi -Volatile Organic Compounds................. (EPA 8270) 225/ea Hand-Auger...........................................................................50/day PAHs (EPA 8270SIM)......................................................... 185/ea Distilled Water (5-gallon).......................................................20/ea CAM 17 Metals (EPA 6010B)............................................. 170/ea Bailer (Reusable)...................................................................35/day Single Metal .....................................................(EPA 6010B) 30/ea Bailer (Disposable)..................................................................15/ea Hexavalent Chrome (EPA 7199)........................................... 75/ea Stainless Sampling Pump ................................................. $150/day Organochlorine Pesticides (EPA 8081) ............................... 110/ea Battery -Powered Pump.........................................................75/day Organophosphorus Pesticides (EPA 8141) .......................... 125/ea Water Level Indicator...........................................................40/day Chlorinated Herbicides (EPA 8151).................................... 125/ea Interface Probe...................................................................125/day PCBs (EPA 8082).................................................................. 95/ea Photo -Ionization Meter.......................................................150/day Soil pH (EPA 9045C)............................................................. 20/ea Combustible Gas Meter......................................................150/day WET or TCLP Extraction...................................................... 85/ea pH/Conductivity/Temperature Meter.................................150/day EPA 5035 Sample Kits.......................................................... 40/ea Turbidity Meter....................................................................80/day Asbestos (PLM)..................................................................... 25/ea Air Sampling Pump..............................................................80/day Asbestos (400-point count)..................................................... 50/ea Level D PPE/Decon Rinse Equipment.................................50/day Sample Compositing ................................................. 20/composite Concrete Coring Equipment...............................................285/day 48-hour Turnaround Time ...................................... 60% surcharge Generator or Air Compressor.............................................150/day 72-hour Turnaround Time ...................................... 40% surcharge 2807 rvlcGow Avenue ■ Irvine, CA 92614 n Telephone (9491 491-6570 ■ OCOgeoconinc.com ....................................................................... LABORATORY TESTS* COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES (D698/D1557/T99/T108) 4-inch mold................................$300/ea (D422/T88) Particle Size, Hydrometer w/out Sieve ........... $250/ea (D698/D1557/T99/T108) 6-inch mold..................................300/ea (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ..... 175/ea (CT 216) California Impact...................................................300/ea (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash..... 150/ea Check Point...........................................................................125/ea (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash.... 125/ea (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ....200/set (CI 17/D1140/T11) Materials Finer than #200 ..................... 115/ea (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) 75/ea (D2216/T265/CT226) Moisture Content................................40/ea (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ....350/set (D2487/D2488) Visual Soil Classification.............................40/ea (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ...............................................................................................125/ea (D2937) Density of In -Place Soil, Drive-Cyl. Method........... 50/ea SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method ................. 75/ea (D2844/CT301) Resistance Value.......................................$350/ea (C131/C535/CT211) L.A. Abrasion Resistance ................. $250/ea (D2844/CT301) Resistance Value, Treated .......................... 350/ea (C142/T112) Clay Lumps and Friable Particles ................... 155/ea (D1883) California Bearing Ratio ........................................ 600/ea SOIL AND AGGREGATE PROPERTIES (CONTD.) (C977) Stabilization Ability of Lime .................................... 185/ea (CI23/T113) Light Weight Particles..................................... 250/ea (D1883) Calif Bearing Ratio (Army Corp of Engineers) ... 600/ea (D3744/CT229/T210) Durability Index Fine ........................ 200/ea CHEMICAL ANALYSIS (D3744/CT229/T210) Durability Index Coarse .................... 200/ea (G187/CT643/T288) pH and Resistivity .............................$175/ea (CT227) Cleanness Value..................................................... 200/ea (D4972/T289) pH Only...........................................................75/ea (D4791) Flat & Elongated Particles...................................... 175/ea (CT417) Sulfate Content.......................................................125/ea (D693/CT205) Percent Crushed Particles............................. 200/ea (CT422) Chloride Content.....................................................125/ea (135821) Percent. of Fractured Particles, Coarse Aggregate. 200/ea (D2974) Organic Content......................................................100/ea (C40/CT213/T21) Organic Impurities .................................. 100/ea PERMEABILITY, CONSOLIDATION AND EXPANSION (C235) Soft Hardness (Scratch Hardness) ........................... 125/ea (D5084) Permeability, Flexible Wall..................................$270/ea (C88/CT214/T104) Sulfate Soundness................................. 500/ea (D5856) Permeability, Rigid Wall.........................................260/ea (C1252/T304) Uncompact. Void Content, Fine Aggregate.. 175/ea (D2434) Permeability, Constant Head...................................280/ea (C 127/CT206/T85) Coarse Specific Gravity ........................ 150/ea (D2434) Permeability, FHA Slab -on -Grade .......................... 110/ea (C128/CT207/T84) Fine Specific Gravity............................ 175/ea (D2434) Permeability, Hourly.................................................55/ea (D854/CT209/T100) Specific Gravity of Soil ...................... 200/ea (D2435/T216) Consolidation (6 pts. w/ Unload).................$400/ea (C29/CT212/T19) Unit Weight & Percent Voids ................. 125/ea (D2435/T216) Consolidation Additional Point w/ Unload .... $90/ea (D2419/CT217/T176) Sand Equivalent ................................ 150/ea (D4546) Swell/Compression Testing & Density ...................125/ea (D4318/CT204/T89/T90) Plastic Index (Plastic/L,iq. Limit) 250/ea (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) .85/ea (D4318/CT204/T89) Liquid Limit ........................................ 125/ea (D4546) Swell/Settlement Testing & Density (County) ........ 100/ea (D4318/CT204/T90) Plastic Limit ........................................ 125/ea (D4546) Swell/Settlement Testing & Density (FHA) ............90/ea (C330) Spec. for Lightweight Aggregates, Struc. Concrete... Quote (D4829) Expansion Index of Soils........................................250/ea SHEAR STRENGTH STEEL TESTING (D2166) Unconfined Compression ..................................... $100/ea Reinforcing Steel Tests: (D3080/T236) Direct Shear (3 points) ................................ 350/set (A370) Tensile Strength & Elongation (D3080/T236) Direct Shear Addtl. Points/ea. residual pass $125/ea #I I Bar & Smaller ............................................... $100/ea (D2850) Unconsolidated-Undrained Triaxial Shear ............. 115/ea #14 Bar................................................................ $125/ea (D2850) Unconsolidated-Undrained Triaxial Staged ........... 160/ea #18 Bar (Proof Test)............................................$150/ea (D4767) Consolidated-Undrained Triaxial Shear................. 265/ea (A370) Bend Test (D4767) Consolidated-Undrained Triaxial Staged ............... 340/ea #I I Bar & Smaller ................................................. $50/ca (EM1110) Consolidated -Drained Triaxial Shear.................. 375/ea #14 & #18 Bar ....................................................... $75/ea (EM1110) Consolidated -Drained Triaxial Staged ................ 480/ea (A370) Tensile - Mechanically Spliced Bar MASONRY** #I I Bar & Smaller ............................................... $175/ea Concrete Block Test (Sets of 3 Required #14 Bar & Larger ................................................ $225/ea (C140) Unit Weight Moisture Content & Absorption ........ $350/ea (A370) Tensile — Electric Resist. Butt Splice w/ Control..... 175/ea (C140) Moisture Content/Absorption (ea. addtl. specimen) 125/ea (A370) Straightening of bar (if required) ............................... 50/ea (C140) Compression Test ..................................................... 300/ea Structural Steel Tests: (C140) Compression Test (ea. addtl. specimen) .................. 125/ea (A370) Machining & Prep of Test Specimen ............... Cost + 20% (C426) Linear Drying Shrinkage .......................................... 350/ea (A370) Tensile Strength & Elongation (CI09/UBC 21-16) Mortar Cylinder (2"x4") ........................ 30/ea Up to 200,000 lbs................................................ $125/ea (C942) Grout Prism (3"0"x6"), trimming included .............. 35/ea 200,000 — 300,000 lbs........................................... 150/ea Masonry Prism (Assemblage): 300,000 — 400,000 lbs.......................................................... 175/ea (C1314) 8"x8"xl6" — 8"xl2"xl6....................................... $200/ea Pre -stressing Wire & Tendon Tests: (C1314) 8"xl6"xl6" — 10"xl2"xl6.. ................................... 225/ea (A421) Tensile Strength, Single Wire ................................ $175/ea (C1314) 12"xl2"xl6"— 12"xl6"xl6".................................250/ea (A416) Tensile Strength, 7-Wire Strand ............................. $200/ea (C1314) Larger than 12"xl6"xl6"....................................... Quote -2- LABORATORY TESTS* (CONTINUED) , Hieh Strength Bolt. Nut. & Washer Tests: (A325/A490) Tensile Test on Bolts .................................... $100/ea (A563) Proof Load Test on Nuts ........................................ $100/ea (A325/A490) Hardness Test on Bolts .................................. $50/ea (A536) Hardness Test on Nuts ............................................. $50/ea (F436) Hardness Test on Washers ........................................ $50/ea Weld Specimen Tests: (E164) Ultrasonic Examination .............................. Quote Machining & Prep of Test Specimen ........................... Cost + 20% (E381) Macrotech Test (3 Faces) ........................................... $355 ASPHALT TESTING Asphalt Properties: (D2726/CT308/T 166) Bulk Spec. Gray. Compacted HMA $100/ea (D I 560/CT366) Stabilometer Value (HVEEM) ................ $225/ea (D2041) Theoretical Max Specific Gravity ........................ $200/ea (D5444) Sieve Analysis of Extracted Asphalt .................... $250/ea (D6307/CT382) Percent Asphalt, Ignition Method ............ $175/ea (D1188) Unit Weight of Asphalt Core..................................$95/ea MISCELLANEOUS TESTING SERVICES Calibration of Hydraulic Ram: 100 Ton & Under................................................................ $250/ea 101 Tons — 200 Tons.............................................................350/ea Use of Universal Testing Machine: UTM with One Operator .................................................... $400/ea Additional Technician.......................................Regular Tech Rate SprU Applied Fireproofing: (E605/E736) Fireproofing Oven Dry Density/Thickness ... $125/ea Brick Test (Set of 5 Specimens (C67) 24-Hour Absorption, Cold Water ............................ $250/set (C67) 5-Hour Absorption, Boiling Water .......................... $250/set (C67) Compression Test or Modulus of Rupture ............... $300/set (C67) Each Additional Specimen ....................................... $100/ea CONCRETE** Mix Designs: (ACI211/ACI214) Concrete Mix Design ............................ $450/ea (ACI211/ACI214) Review of Concrete Mix Design .......... $450/ea (C192) Concrete Trial Mix (includes equipment & labor).. $650/ea Concrete Properties: (C39/CT521/T22) Comp. Strength, Concrete Cyl................ $30/ea (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core.. $60/ea (C78/CT523) Flex. Strength of 6"x6"x2l" Concrete Beam. 125/ea (C 174) Length Measuring of Drilled Cores ........................ $100/ea (C1140) Shotcrete Panel -Coring & Testing (Set of 3)....... $350/set (C1140) Shotcrete Panel (each addtl. specimen) ................ $125/ea (C496) Static Modulus of Elasticity ................................... $250/ea (C496) Drying Shrinkage (Set of 3, up to 28 days) ........... $650/set (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete 95/ea (F 1869) Vapor Emission Rate, Concrete Subfloor ................. 50/ea *2X Surcharge on rush turn -around for laboratory testing. **Fee applies for sample storage, testing, or disposal. ... ......................................................................................................................................................................... . 1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions. 2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies. 3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates. 4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge 5. Invoices will be submitted at four -week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule. 6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50, 000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client's injuries, damages, c, loss laimses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above. 7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client's project, as well as persons and other entities not involved in the project, to the greater of$100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon's liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon's actions or inactions. Neither the contractor nor any subcontractor assumes any liabilityfor damages to others which may arise on account of Geocon's actions or inactions. -3- EXHIBIT 4 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KLEINFELDER, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between Kleinfelder, Inc. ("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 August 2, 2023 the City issued Request for Proposal ("RFP") No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on -call basis 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. 23-123. 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 Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A" attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B." 2. COMPENSATION 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 Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 10 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on November 21, 2023 and end on November 20, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. 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. 6. 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 Page 2 of 10 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that 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 $2,000,000.00 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 CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000.00 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$1,000,000.00 per accident for bodily injury or disease. (iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader Page 3 of 10 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 City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, 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, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) 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 City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City 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 City 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 City. The City 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 City. (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 ANII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: Page 4of10 • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 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. (viii) Verification of Coverage. Consultant shall furnish the City 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 City 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 City 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 City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 Page 5 of 10 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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 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 City. Page 6 of 10 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case Page 7 of 10 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 18. 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. 19. 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. 20. 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 8 of 10 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Dan Hanna, PE Project Manager/ Principal Agent Kleinfelder, Inc. 24411 Ridge Route Drive, Suite 225 Laguna Hills, CA 92653 Office: 949-727-4466 Email: dhanna@kleinfelder.com 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 21. 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 contained on following page] Page 9 of 10 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KLEINFELDER, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B ONATHAN T. MART EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: By: DAIW HANNA Title: Vice President Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firms shall provide the City with the following services as described herein. The consulting firms are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 Page Al-1 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Proiect Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 Page Al-2 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include, but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 Page Al-3 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 Page Al-4 EXHIBIT B CONSULTANT'S PROPOSAL Proposal prepared for: CITY OF SANTA ANA Public Works Agency; M-36 20 Civil Center Plaza, Ross Annex Santa Ana, CA 92701 On -Call Geotechnical Engineering Services Request for Proposal RFP No.: 23-123 1 010 ("KL E/NFEL OER Bright People, Right Solutions. vp mmmwmwM.. p• 14 August 28, 2023 2441 1 Ridge Route Drive, Suite 225 Laguna Hills, CA 92653 www.Kleinfelder.com TABLE OF CONTENTS 1. STATEMENT OF QUALIFICATIONS (SOQ) A. Cover Letter............................................................................................................1 B. Contract Agreement Statement and Willingness to Comply with AgreementTerms................................................................................................ 1-3 C. Firm and Team Experience................................................................................. 1-3 D. Understanding of the Need................................................................................1-13 E. Relevant Project Experience..............................................................................1-16 F. Willingness to Comply with Agreement Terms...................................................1-20 G. References.........................................................................................................1-20 2. SCOPE OF SERVICES AND SCHEDULE ......................................... not included in page limit 3. FEE PROPOSAL.................................................................................attached as separate file 4. CERTIFICATIONS.............................................................................. not included in page limit Attachment 3-1: Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification APPENDIX A Resumes for Key Personnel r DER City of Santa Ana On -Call Geotechnical Engineering Services — No. 23-1231 Contents fl,,hl Pe ,J, Rlyhl SoW[io a KLE/NFELOER Bright People. Right Solutions. STATEMENT OF QUALIFICATIONS a. Cover Letter August 25, 2023 City of Santa Ana Attn.: Gilbert Castillo Public Works Agency; M-36 20 Civil Center Plaza, Ross Annex Santa Ana, CA 92710 SUBJECT: Proposal for On -Call Geotechnical Engineering Services RFP No. 23-123 Kleinfelder, Inc. (Kleinfelder) is pleased to present our qualifications and experience to the City of Santa Ana (the City) to provide on -call geotechnical engineering services. For this contract, we have assembled an exemplary team of our best geotechnical engineers, engineering geologists, and construction support staff to provide the required scope of work. As you review the enclosed qualifications, please note the following attributes of our team: Experienced Personnel — Our team has a successful history of delivering a similar scope of services for various municipal clients including Orange County Public Works, County of Los Angeles, Riverside County Transportation Department, the City of Ontario/Ontario Municipal Utilities Company, City of Industry, City of Los Angeles, and John Wayne Airport, to name a few. Diverse Capabilities — Kleinfelder provides complete solutions from concept through construction phase services for a wide range of infrastructure projects. With more than 900 employees in 27 offices throughout California, our depth of resources will help deliver projects on time and within budget. Capacity/Locality — We have over 350 employees in our Southern California offices alone, including an office in Laguna Hills located within 15 miles of City headquarters. This contract will be our priority and all key personnel will be made available to support project/task orders under this contract. - Proven Approach — Using our proven four -step (planning, execution, monitoring, management) project delivery approach, we will successfully deliver the project/task order on time and within budget. Our history of project performance has been proven to the City based on our projects performed under our current on -call agreement. Area -Specific Expertise — As a result of our previous work with the City and other local clients, the Kleinfelder Team will utilize our collected data on soils conditions when developing scope and fee estimates, resulting in potential cost savings and reduced schedule for the City's projects. KLEINFELDER 1 24411 Ridge Route Drive, Suite 2251 Laguna Hills, CA 92653 1 +1 949-727-4466 1 Page 1 Knowledge of Local Standards and Regulations — Kleinfelder supports various City contracts and has provided engineering services in Southern California for decades. Over 90 percent of Kieinfelder's regional contracts are for public works agencies, Our team of professionals are familiar with regulatory requirements potentially impacting project approval and execution. National Experts — In addition to our strong local presence, Kleinfelder's nationwide technical experts can provide specialized expertise and a wide array of independent technical reviewers to ensure quality for all project deliverables. These are just a few of the many benefits of selecting the Kleinfelder Team, dedicated to serving as an extension of City staff and successfully executing all tasks on time and within budget, with no surprises. We appreciate the opportunity to submit our qualifications and fee schedule and look forward to your favorable consideration. If you have any questions or would like to further discuss how we can support your projects, please contact the undersigned. RFP Required Statement: The undersigned is authorized to make legally binding commitments for Kleinfelder. Respectfully submitted, KLEINFELDER, INC. Dany Ha na, PE Project Manager 1 Principal Agent 24411 Ridge Route Drive, Suite 225 Laguna Hills, CA 92653 Office: 949-727-4466 Cell: 909-376-6128 Email: dhanna@kleinfelder.com KLEINFELDER 1 24411 Ridge Route Drive, Suite 2251 Laguna Hills, CA 92653 1 *1 949-727-4466 1 Page 2 b. Contract Agreement Statement and Willingness to Comply With Agreement Terms Kleinfelder is prepared to execute the City's contract with the following suggested change (deleting the word contarctors) to consistently align with our current City contract #A-2021-121-02, dated July 6, 2021. Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Gent a�T 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, its subcontractors, agents, employees, or other persons acting on its 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 breach of the terms of or effects arising from this Agreement. c. Firm and Team Experience The City is a 27-square mile community serving a total population of more than 310,000. As the second largest city in Orange County, the City of Santa Ana serves as the County seat. Kleinfelder recognizes the City requires reliable, experienced consulting firms to serve as a trusted extension of staff. Kleinfelder will proactively support the City and residents to provide the necessary services. Founded in California in 1961, Kleinfelder is a leading engineering, design, construction management, materials inspection and testing, and environmental consulting corporation. Kleinfelder employs over 3,000 professionals and operates from 105 offices throughout the United States, Canada, and Australia. Kleinfelder is headquartered in San Diego, with 27 offices across the state of California, including an office in Laguna Hills, within 15 miles of City Hall. What Our Clients Say About Us In Southern California, Kleinfelder provides as -needed geotechnical engineering services for many municipal clients, including the City of Santa Ana, John Wayne Airport, the City of Ontario/Ontario Municipal Utilities Company, City of Industry, City of Los Angeles, the Counties of Orange, Los Angeles, and San Diego, Metropolitan Water District of Southern California, Southern California Edison, and others. Through our as -needed contracts, Kleinfelder has developed a proven track record of delivering high - quality projects on time and under budget as exemplified by our work with Los Angeles County Department of Public Works and the City of Los Angeles. "Kleinfelder's staff has and continues to demonstrate an obligation to high quality services and professionalism. Kleinfelder has continually produced a quality work product for LACDPW within established deadlines and in a cost-effective manner. Kleinfelder promptly responded to inquiries from the County utilizing sound judgment." - Greg K. Johnson, Los Angeles County Department of Public Works PROVEN ON -CALL AGENCY EXPERIENCE As -Needed Public Aaency Contracts • City of Santa Ana • City of Los Angeles • City of Long Beach • City of Anaheim • City of Industry • City of Carlsbad • City of San Diego • Orange County Sanitation District • Long Beach Water Department • Eastern Municipal Water District • Ontario Municipal Utilities Company • County of Riverside • City of Riverside • County of Los Angeles • San Bernardino Associated Governments • Los Angeles County Sanitation Districts • Los Angeles Department of Water and Power • State of CA Department of Water Resources KLE/NFELDER City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 3 enynr aeopre. arger sowr;or. thank you and your team for your exceptional performance during the geotechnical / 6 6 environmental study of the southern portion of the Northeast Interceptor Sewer Phase 2A (NEIS 2A) project. The project required the ability to quickly accommodate and coordinate changes in the scope of work. You performed extremely well under these conditions and did an exceptional job in managing your staff and sub -consultants while ensuring a high -quality product was delivered on schedule. We really appreciated your regular phone calls and email communications throughout the project, especially during the field investigation when things were happening quickly. ... We also appreciated the commitment, devotion and professionalism of your entire team. Each of the Kleinfelder representatives that we had the opportunity to meet was courteous and professional. " - Patrick J. Schmidt, Geotechnical Engineer and Fred W. Burnett/ Engineering Geologist, City of Los Angeles Dept. of Public Works Geotechnical Engineering Group Kleinfelder is The Right Team As you review our qualifications, please note our unique combination of features that will provide the City with expert services for the scope of work outlined in the Request for Proposal (RFP). :>Experienced Personnel - Our team has a successful history of delivering a similar scope of services for various municipal clients including Orange County Public Works, the County of Los Angeles, the Riverside County Transportation Department, the City of Ontario/Ontario Municipal Utilities Company, City of Industry, City of Los Angeles, and John Wayne Airport. Diverse Capabilities - Kleinfelder provides complete solutions from concept through construction phase services for a wide range of infrastructure projects. With more than 900 employees in 27 offices throughout California, our depth of resources will help deliver projects on time and within budget. Capacity/Locality - We have over 350 employees in our Southern California offices, and an office in Laguna Hills within 15 miles of City headquarters. This contract will be our priority and all key personnel will be made available to support project/task orders. Proven Approach - Using our proven four step (planning, execution, monitoring, management) project delivery approach, we will successfully deliver the project/task order on time and within budget. Our history of project performance has been proven to the City based on our projects performed under the current on -call agreement. Area -Specific Expertise - As a result of our previous work with the City and other local clients, the Kleinfelder Team has pre-existing knowledge of the local soils conditions, potentially saving costs when repeat investigations are not necessary. Knowledge of Local Standards and Regulations - Kleinfelder supports various City contracts and has provided engineering services in Southern California for decades. Over 90% of Kleinfelder's regional contracts are for public works agencies. Our team is familiar with regulatory requirements potentially impacting project approval and execution. National Experts - In addition to our strong local presence, Kleinfelder's nationwide technical experts can provide specialized expertise and a wide array of independent technical reviewers to ensure quality for all project deliverables. LK EWrELDER yhl Reop,e. Rfgh, SWl'ions. City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-1231 Page 4 Project Team Organization Kleinfelder has assembled a team with expertise and experience in providing geotechnical investigations and recommendations for various types of public works projects, including water and wastewater facilities and infrastructure needs such as water and sewer pipelines and storm drain improvements; sidewalks, bike paths, curb and gutter replacement; residential street slurry seal; asphalt concrete and/or PCC streets repair and overlay; neighborhood traffic improvements; parks and recreation facilities, and more. As the City is aware, materials testing and special inspections are often required on these types of projects, and as the scope of services outlines, we have assigned experienced staff to provide these services as required. Committed, Experienced Project Leadership Project Manager / Principal Agent and point of contact Mr. Dany Hanna, PE, brings 22 years of experience managing similar large public agency contracts and on -calls with numerous project/task orders occurring simultaneously. And, having managed prior contracts with the City, Mr. Hanna possesses a full understanding of the services, requirements, and expectations of these types of projects. Mr. Hanna is ready and available to manage the City's project/task order and proposal requests, project challenges, and contractual matters. He will remain committed to assisting the City and communicating with the team to ensure you are provided the most qualified staff, rapid response, and highest level of service for every project. Under Mr. Hanna's leadership, the City can be confident that they will continue to receive the exceptional level of service and management that you have come to know and trust from Kleinfelder. Mr. Hanna will be supported by a leadership team from our local Southern California offices: Eric Noel, PE, GE, and Jeffery Waller, PE, GE, each with decades of on -call project management experience, along with Quality Assurance Manager Jeffrey Walker, PE, GE. Mr. Noel and Mr. Waller will serve as associates in charge when Mr. Hanna is unavailable. This team is supported by technical support staff assigned to the contract (see organization chart), Kleinfelder's additional Southern California resources, as well as proposed subcontractors for services we have learned can typically be anticipated for municipal on -call contracts. The Kleinfelder Team is well suited to successfully execute the City's scope of work. We will provide the City with proven, technically proficient experts who will consistently deliver high -quality projects within the established schedule and budget. The following organization chart identifies staff assigned to this contract, lines of communication, and roles and responsibilities. KEY MARKETS 1961 e 33000+ PUBLIC SECTOR FOUNDED 4=n EMPLOYEES (STATE, LOCAL, TRANSPORTATION) WE ARE ENGINEERS, SCIENTISTS, AND CONSTRUCTION PROFESSIONALS PRIVATE SECTOR • (OIL & GAS, POWER, UTILITIES, INDUSTRIAL) LK E/NFELOER a 9hr�op,e.p;9h,so,;o�,. City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 5 It Organizational Chart Dany Hanna, PE �F *Eric Noel, PE, GE *Jeffery Waller, PE, GE ,`9 ,"-- Eric Pond, PhD, PE Hans Tolksdorf, PE, GE Jeff Woon, PE, GE Minxing Zhao, PhD, PE, GE Hector Marquez, PE Jose Zuniga, FIT Alex Corob, FIT Deema Edress, FIT Yen Nguyen Justin Green Technical Support Staff Brian Crystal, PE, GE Zia Zafir, PhD, PE, GE Brandon Lanthier, PE, GE Mir Peyman Tabatabaei, PE 17 Geotechnical Engineers (11 GEs) 65 Civil Engineers (PE) 8 Geologists (PG) LABORATORY TESTING AP Engineering & Testing, Inc. (DBE/MBE/SBE) ,,;? Chris Barry, ICC, ACI, CTMs Vartan Deirdelrian, NICET, ICC, ACI Michael Magana, NICET, ICC, ACI Scott Morris, ICC Jeffrey Diaz, NICET, ACI, CTMs Michael Cook, PG, CEG Richard Escandon, PG, CEG Michelle Garde, PG, CEG Joel Metcalf, PG, CEG Chelsea Jaeger, PG, CEG Colby Matthews, PG, CEG 9 Engineering Geologists (CEG) 62 Construction Inspectors I Materials Technicians DRILLING 2R Drilling (SBE) Joey Hawkins Hung Mai Taylor Bogdanovich Saige Carter ,,'� Key Personnel * Associates in charge when Project Manager/Principal Agent is unavailable TRAFFIC CONTROL Alpha Traffic Services, Inc. (SBE) CONE PENETRATION TESTING GEOPHYSICAL Kehoe Testing & Engineering Inc. Ground Penetrating Radar Systems LLC (SBE) LK E/NFELDER qhl Polbop,e. Rfgh, SW ;. e. City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 6 Key Personnel The following pages include brief biographies of key personnel and availability to the contract as required by the RFQ. We have included resumes for Key Personnel in Appendix A. Mr. Hanna has 22 years of experience serving as Education Project Manager, Program Manager, Principal -in- MBA, Business Administration, Charge, and Contract Manager for multiple public University of La Verne, La agency contracts, including the City of Santa Ana, Verne, CA Counties of Orange and Los Angeles, Orange County MS, Civil Engineering, Sanitation Districts, City of Ontario and Ontario Municipal Utilities University of Nevada, Reno Company, and various other Southern California agencies. BS, Civil Engineering, Notre Mr. Hanna will be actively engaged throughout the life of the Dame University - Louaize, contract to provide qualified and committed individuals to Lebanon successfully complete the work on time and within budget. Licenses Professional Engineer - Civil, No. 70996, CA Mr. Hanna's Key Public Agency Experience • City of Santa Ana On -Call Materials Testing and Inspection Services — Contract Manager • Orange County Public Works, On -Call Construction Services, Geotechnical Engineering & Materials Testing, Construction Inspection Services — Project / Contract Manager • Ontario Municipal Utilities Company, As -Needed Professional Engineering Design Services — Project / Contract Manager • County of Los Angeles, As -Needed Geotechnical Engineering and Materials Testing Services — Project Manager • Riverside County Transportation Department, As -Needed Geotechnical Engineering Services — Program Manager Mr. Noel has 33 years of experience performing and managing geotechnical field investigations. His geotechnical engineering experience includes pipelines, bridges, large industrial complexes, commercial developments, deep excavation, parking structures, pavements, storage tanks, and slope stability and liquefaction studies. Mr. Noel performs analyses of shallow and deep foundations, compressible and expansive soils, surcharge fills, slope stability studies, deep excavations and shoring, and liquefaction potential. Mr. Noel's responsibilities include project management, preparation of proposals, coordination of field and laboratory work, engineering analyses and report preparation for investigations for various types of projects. He supervises field staff during geotechnical observation and testing and materials special inspections. Education BS, Civil Engineering, California State Polytechnic Univ., Pomona MS, Geotechnical Engineering, California State University, Long Beach Licenses Professional Engineer — Civil, No. 53513, CA Geotechnical Engineering No. 2548, CA Mr. Noel's Key Public Agency Experience • City of Industry c/o CNC Engineering, On -Call Geotechnical Engineering Services — Contract Manager • Eastern Municipal Water District — On -Call Geotechnical Engineering Services — Project Manager • County of Los Angeles — As Needed Geotechnical Engineering Services — Contract Manager and Lead Geotechnical Engineer KLE/NFELOER enynr arger sowr;o�r. City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 7 aeopre. Mr. Waller's 22 years of experience has comprised management and leadership of geotechnical and construction projects throughout southern California. _ When project/task orders are issued by the City of Santa Ana under Kleinfelder's current on -call contract for materials testing and inspection services required geotechnical services, Mr. Waller was assigned as the principal geotechnical engineer. He specializes in geotechnical investigations, geotechnical analysis, and evaluation of hydraulic conductivity associated with groundwater infiltration projects. Mr. Waller has extensive experience performing analysis for geotechnical recommendations such as settlement, liquefaction, lateral pressures, expansive soils, bearing capacity and slope stability, and has performed analysis for driven and drilled deep foundation systems. Mr. Waller's responsibilities include project management, proposal preparation, field and laboratory work coordination, engineering analyses and report preparation for various project investigations. Mr. Waller's Key Public Agency Experience MS, Geotechnical Engineering, California State Polytechnic University, Pomona BS, Civil Engineering, California State Polytechnic University, Pomona Licenses Professional Engineer - Civil, No. 70342, CA Geotechnical Engineering No. 2947, CA • City of Santa Ana On -Call Materials Testing and Inspection Services - Principal Geotechnical Engineer • City of Industry c/o CNC Engineering, On -Call Geotechnical Engineering Services - Lead Geotechnical Engineer and Project Manager • City of Los Angeles On -Call Geotechnical Engineering and Environmental Services - Geotechnical Engineer and Project Manager Mr. Walker has 33 years of experience performing and .,a managing geotechnical engineering assignments. Mr. _ Walker currently serves as a client account manager for several municipal clients including Orange County ® Sanitation District, the Los Angeles Department of Water and Power, and Metropolitan Water District. He has been Principal -in - Charge and/or Program Manager on contracts up to $27M and Project Manager and/or Task Order Leader on hundreds of projects up to $1.5M in value. Mr. Walker will provide oversight and quality assurance to the team to assist the City in delivering successful projects. Mr. Walker's Key Public Agency Experience MS, Civil Engineering, University of California, Irvine BS, Civil Engineering, California Polytechnic State University, San Luis Obispo Licenses Professional Engineer - Civil, No. 51226, CA Geotechnical Engineering No. 2402, CA • Metropolitan Water District As -Needed Geotechnical Engineering Services - Contract Manager / Quality Assurance Manager • Los Angeles Department of Water and Power - As -Needed Geotechnical Engineering Services - Contract Manager / Quality Assurance Manager • City of Los Angeles On -Call Geotechnical Engineering and Environmental Services - Contract Manager / Quality Assurance Manager KLE/NFELDER City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-1231 Page 8 enynr aeopre. arger sowr;or. Mr. Reese's 19 years of experience includes field work, safety oversight, data evaluation, and report preparation/review. As a field team leader, he oversaw subcontractors and safety stewardship for multiple methods of drilling and health and safety compliance monitoring. He was responsible for auditing safe work practices and conditions and verifying that work conditions and practices complied with applicable health and safety policy and work permits. His responsibilities include supporting executive Health & Safety (H&S) management programs and initiatives, visiting project sites to discuss safety with field teams and perform H&S audits, and evaluating compliance with Occupational Safety and Health Administration (OSHA) laws and regulations. Mr. Reese's Key Public Agency Experience Education BS, Biology, California State Polytechnic University, Pomona, California Certifications Certified Safety Professional, No. CSP-40075, BCSP • Rancho Los Amigos North Campus, Los Angeles County, CA — H&S Management, Hazardous Monitoring Oversight • LA County METRO Site -Specific H&S Plan for Division 20 Portal Widening, Los Angeles, County, CA — Participated in Site -Specific H&S Plan, Safety Consulting for changing conditions, periodic audits for OSHA and Kleinfelder Injury and Illness Prevention Plan compliance Dr. Pond has 33 years of engineering experience and r.r has been responsible for project development, t management, and execution of large and complex geotechnical and materials engineering and construction projects. He has supervised and executed many geotechnical site investigations, performed analysis, review and interpretation of geotechnical data, conducted soil improvement programs, and prepared reports and project specifications. Dr. Pond has served in various roles including project manager, geotechnical design manager, group manager, and as the lead engineer and senior QA reviewer on large design -build projects. PhD, Civil Engineering/ Geotechnical, Virginia Polytechnic Institute & State University MS, Civil Engineering/ Geotechnical, Virginia Polytechnic Institute & State University BS, Civil Engineering, University of Washington Dr. Pond's responsibilities include directing and supervising projects Registrations of all sizes throughout the geotechnical design and during Professional Engineer — Civil, construction for quality assurance and quality control. No. 70583, CA Dr. Pond's Key Public Agency Experience • Inglewood Transit Connector (ITC) Automated People Mover (APM) Project, Inglewood, CA — Independent Senior Engineering Oversight and Technical Review • 1-405 Sepulveda Pass HOV Widening Project, METRO, Los Angeles, CA — Geotechnical Design Manager KLE/NFELOER argar sowrm�r. City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 9 en9nr aeopre. Mr. Crystal's 27 years of experience has included shallow and deep foundation analysis design, liquefaction studies, response spectra estimation, cone penetration testing (CPT) interpretation, flexible and rigid pavement design, and subgrade stabilization. He has conducted and coordinated field explorations, classified soil conditions, performed engineering evaluations and analysis and provided recommendations for institutional, commercial, and public sector projects. His project experience includes hospitals, educational facilities, high-rise buildings, roads, bridges, pipelines, military facilities, commercial buildings, office complexes, recreational facilities, and sport stadiums. Mr. Crystal's responsibilities include technical support for earthwork - related issues during construction, and technical oversight for testing and special inspection projects. Mr. Crystal's Key Public Agency Experience MS, Civil Engineering, California State University, San Diego, 2000 BS, Civil Engineering, California State University, San Diego, 1997 Registrations Professional Engineer — Civil, No. 60445, CA Geotechnical Engineering No. 2639, CA • John Wayne Airport Terminal C and Parking Structure C, Orange County, CA — Project Manager and Geotechnical Engineer • Orange County Sanitation District On -Call Geotechnical Engineering and Materials Testing Services — Project Manager • Metropolitan Water District As -Needed Geotechnical Engineering Services — Geotechnical Engineer Dr. Zafir has been actively involved on seismic hazard Education Imo'" evaluations and seismic retrofit for renowned national PhD, Civil Engineering, and international projects in his 39-year career. Dr. Zafir University of Nevada, Reno �. was appointed to the State Mining and Geology Board MS, Civil Engineering, Iowa on May 24, 2016. He is directly involved in establishing State University guidelines and standards for geological and geophysical investigations BS, Geology, Civil Engineering, and reports produced by the California Geological Survey (CGS), University of Engineering and public sector agencies, and private practitioners. Technology, Taxila As Vice President for earthquake engineering at Kleinfelder and a Registrations nationally recognized expert in the field of seismic ground motions and Professional Engineer — Civil, seismic hazards such as liquefaction and lateral spreading. Dr. Zafir is No. 6015, CA actively involved on seismic hazard evaluations and seismic retrofit Geotechnical Engineering No. projects. 2656, CA Dr. Zafir's Key Public Agency Experience • City of Los Angeles Department of Water and Power (LADWP) Power Plant No 1 Surge Chamber, Los Angeles County, CA — Lead Seismic Engineer • County of Los Angeles, Numerous As -Needed Geotechnical Engineering, Materials Testing, and Inspection Contracts — Seismic Technical Advisor • METRO, 1-405 Sepulveda Pass High -Occupancy Vehicle (HOV) Project, Los Angeles — Principal Seismic Engineer KLE/NFELOER City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 10 en9nr aeopre. argar sowrmr. Mr. Cook has 41 years of diverse practical experience in the applied disciplines of engineering geology, and geotechnical, and environmental engineering. He has been responsible for a broad range of geotechnical and environmental projects comprising large hillside mass grading projects, hospitals, school sites, transmission line projects, landslide mitigation, freeways, and active fault studies. Mr. Cook's responsibilities include geologic analysis as well as senior field services during construction including observation and review, coordinating with contractors. Mr. Cook's Key Public Agency Experience BS, Geology, California State University, Los Angeles Registrations Professional Geologist, CA No. 4890 Certified Engineering Geologist, CA No. 1716 • Los Angeles County Department of Public Works, Rancho Los Amigos Site 1 Demolition and Make -Ready Project, Downey, CA - Engineering Geologist • Metro, 1-405 Sepulveda Pass HOV Project, Los Angeles, CA - Senior Geologic Field Services • LADWP Backwash Water Reclamation Ponds, Los Angeles, CA - Senior Geologic Analysis Mr. Escandon has 45 years of experience in the field of engineering geology, performing and managing multidisciplinary geologic and geotechnical investigations for various projects. His project experience includes lei\ feasibility studies; geotechnical site investigations; foundation investigations; mapping of tunnels and underground excavations; geotechnical instrumentation; fault hazard evaluation; landslide studies; stability analyses; well construction; and construction monitoring. Mr. Escandon's responsibilities include all levels of project development from planning and design to construction management. Mr. Escandon's Key Public Agency Experience BS, Geology, University of California, Los Angeles, 1978 Graduate Studies, University of California, Santa Barbara, 1979 Registrations Professional Geologist, CA No. 3837 Certified Engineering Geologist, CA, No. 1213 • Los Angeles County Department of Public Works, Sierra Madre Dam Rockfall Hazard and Mitigation Analysis, Sierra Madre, CA - Project Manager • Los Angeles County Department of Public Works, Santa Anita Dam Slope and Access Road Stabilization, Monrovia, CA - Project Manager and Lead Engineering Geologist • LADWP, Van Norman Complex (VNC) Lower San Fernando Stormwater Capture Project, Los Angeles, CA - Principal Geologist KLE/NFELOER City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-123 1 Page 11 en9nr aeopre. argar sowrmr. Ms. Garde has 21 years of experience in both geotechnical and environmental projects, filling key roles on large field investigations in Los Angeles, Orange and San Diego Counties. Ms. Garde's responsibilities include large field investigations, extensive drilling programs, and site characterization. Ms. Garde's Key Public Agency Experience BS, Geology, University of California, Santa Barbara Registrations Professional Geologist, CA No. 8629 Certified Engineering Geologist, CA, No. 2604 • John Wayne Airport, P415 ARB Tower and Geophysical Services, Orange County, CA - Senior Engineering Geologist • Metro, 1-405 Sepulveda Pass HOV Project, Los Angeles, CA - Senior Geologist • Inglewood Transit Connector (ITC) Automated People Mover (APM) Project, Inglewood, CA - Senior Geologist Mr. Barry has worked as an independent inspector from T November of 2019 until he began his career with Kleinfelder. He has performed concrete, masonry, and drilled -in anchors special inspections for retail, higher education, and medical projects and residences. Mr. Barry's professional career has also included oversight of new interior construction of commercial buildings and homes. This provided him with experience working with city inspectors to ensure the projects were completed to city specifications, as well as coordination of city and special inspections and submission of all reports to the city's planning department. He has supervised crews of up to eight employees completing projects on time and to code. Mr. Barry's responsibilities include observation and testing of soils and construction materials, as well as special inspections. Mr. Barry's Key Public Agency Experience Education High School Diploma Certifications Reinforced Concrete Special Inspector, No. 8817778, ICC Structural Masonry Special Inspector, No. 8817778, ICC Nuclear Gauge, No. 3667-121- 723-5564 Certified Coating Inspector, No. 108269 10-Hr Construction Safety and Health, No. 26-007406840 Concrete Field Testing Technician, Grade I, No. 015290328, ACI • City of Santa Ana, MacArthur Blvd. Resurfacing, Santa Ana, CA - Special Inspections, Observation and Testing for Soils, Concrete, and Asphalt • City of Ontario Parking Structure Materials Testing and Inspection, Ontario, CA - Observation of Portland Cement Placement • City of Ontario Fall Pavement Rehabilitation, Ontario, CA - Construction Observation Subcontractors We have selected subcontractors to provide the City with access to a team to provide all required services as requested in the RFP and any services that may emerge during the variety of potential projects. Kleinfelder staff have worked with each of these firms on the organizational chart to successfully deliver similar projects and tasks for on -call contracts. The Kleinfelder team will add meaningful value and resources to the City to address all necessary improvements. KLE/NFELOER City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-123 1 Page 12 en9nr aeopre. argar sowrmr. d. Understanding of the Need Anticipated Approach Kleinfelder has developed a proven approach to deliver high -quality geotechnical engineering services through several on -call contracts for municipal clients across California. Under these on -call contracts, we have completed multiple concurrent projects, consistently providing value, delivering on time and under budget. Our organizational approach to managing our team contains four key elements: Planning, Execution, Monitoring, and Management. The Kleinfelder method allows us to deliver resources to meet the City's expectations and avoid surprises, ensuring task delivery is on schedule and complete within the authorized budget by eliminating foreseeable project delays. Kleinfelder's Project Management Team is committed to the following elements of our approach: PROJECTSYSTEMMANAGEMENT LK E/NFELDER yhl Peop,e. Rfgh, SW;.s City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 13 Kleinfelder's history of providing comprehensive client service using the system above delivers a full - service solution to solve the City's needs. Kleinfelder's ability to provide multiple core services in-house allows for an integrated and streamlined approach to project delivery. Our experience with municipalities includes successfully managing and delivering on multiple on -call contracts and high -profile water, wastewater, reservoir, roadway, bridge, and construction projects. We bring best practices learned from previous on -call/ as -needed contracts, and the relevant diverse experience to successfully complete the City's project requests. We will utilize our four- step (planning, execution, monitoring, management) project delivery approach as described above to successfully deliver the project/task orders on time and within budget. Our history of project performance has been proven to the City of Santa Ana based on our projects performed under the current on -call agreement. Our knowledge of current codes and design guidelines is exemplary and includes American Water Works, Caltrans, American Disabilities Act (ADA), City of Santa Ana Municipal Code (SAMC), and a wide knowledge of professional standards of city, county, state, and federal guidelines. Kleinfelder also has an extensive knowledge of micro station V8i for the use of plan development and the City's CAD standards, resulting in a seamless integration of standards and development of plans for the City. We also realize the importance of having available resources to maintain high levels of responsiveness. Therefore, we have identified several additional internal resources and established key teaming arrangements to ensure our team has the expertise and capacity to be responsive to the City's needs. In the event a project requires additional support beyond the resources identified herein, we will tap into Kleinfelder's more than 3,000 employees company wide. The Kleinfelder Team brinas value to the Citv with theGe feature • A responsive, experienced, and proven Project Manager, Dany Hanna, PE, who has a successful history of working on complex and challenging projects • A proven, comprehensive team of technical experts to service all aspects of the contract • A Southern California -based team with vast local resources available and able to respond at a moment's notice with an experienced approach, coupled with a broad bench of professionals across the country for geotechnical consultation • Assigned project managers with the availability and expertise appropriate to the designated scope of work • Extensive experience with Public Works projects, offering: - In-house services, providing the City with consistency, efficiency, and exceptional responsiveness throughout a project, as shown by being repeatedly selected for projects at the John Wayne Airport described herein. - The ability to coordinate multiple regulatory agencies on a single project. - Intimate knowledge of California regulations related to Public Works projects. - Pavement and roadway facilities design and rehabilitation expertise. Kleinfelder's geotechnical group can assess surface distresses and subgrade deficiencies and recommend appropriate and cost-effective rehabilitation measures. - Trenchless technology using horizontal directional drilling or jack and bore methods used in highly populated areas, intersections, and channel crossing, or when conventional cut and cover is not an option. LK ElNFELDER ghl Peop,e. High, SW,;.n City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-1231 Page 14 GEOTECHNICAL SERVICES WORK PLAN As project requirements are established, the City will authorize individual project/task order. In response to a request from the City, we anticipate following a work plan similar to the tasks listed below. Tasks Necessary for Completion Task 1: Meetings with the City of Santa Ana Project Manager Task 2: Data Review / Health and Safety Plan / Utility Clearance Task 3: Field Exploration Task 4: Laboratory Testing Task 5: Engineering Analysis and Report Y �-"'- Task 6: Review of Plans and Specifications To execute efficiently on each project, we will: • Commit our key managerial and technical team members to this contract. • Select appropriate staff from our extensive, qualified resource pool. • Appropriately leverage our staff to provide value so that work is performed by the most cost- effective and responsible professional level. • Work closely to integrate our staff with City staff to create one team, without barriers, focused on meeting the City's project objectives. Deliverables The deliverables presented to the City will be prepared by Kleinfelder staff, and the project manager is responsible for their organization and delivery. Based on the tasks presented above, the typical geotechnical engineering report prepared will include the following: • Description of the project and approved scope • Scope of Services performed • Subsurface conditions encountered and presentation of boring logs • Results of laboratory testing • Geotechnical conclusions and recommendations for design and construction of the proposed improvements • Supporting references, maps, and figures Suggestions or Special Concerns Kleinfelder strives to provide the most value to the City for services we perform. The value of the scope of work prepared, and the recommendations provided, are impacted by project information/restrictions for each proposed site. Some of the information/restrictions that may be relevant to our scope evaluation are site access restrictions, previous explorations at the site, background and condition of existing improvements, or restrictions to type of equipment during investigation or construction. When this information can be made available to Kleinfelder during the scope preparation of our proposals, we are able to provide a more accurate scope of work the first time, saving time and facilitating getting the project up and running faster and more efficiently. Providing this information to Kleinfelder during the scope preparation of our proposals is extremely beneficial to Kleinfelder and the City. Assumptions and/or Exclusions Assumptions and/or exclusions are generally specific to each site and project. Each of our proposals will include the applicable assumptions/exclusions based on the project information provided. We are diligent about inquiring with the project team about project information that affects each individual project. KLE/NFELOER City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-123 1 Page 15 en9nr aeopre. argar sowrmr. e. Relevant Project Experience The Kleinfelder team is well -suited to provide engineering and support services to the City. The following are representative examples of some of Kleinfelder's more significant work with public agencies in the last five years. 1. City of Santa Ana On -Call Materials Testing And Inspection Services I Santa Ana, CA Year Completed: Ongoing: 07/2021 — 07/2024 1 Client: City of Santa Ana, Public Works Agency; Sean Thomas, PE Senior Civil Engineer / Project Manager, 714.647.5655; Sthomas5@santa-ana.org Key Staff: Dany Hanna, PE, Contract Manager I Jeffery Waller, PE, GE, Geotechnical Engineer I Inspectors / Field & Laboratory Materials Testers: Chris Barry, Jeff Diaz, Michael Magana Project Description: Kleinfelder is currently providing quality assurance materials testing and inspection services for the City of Santa Ana under this three-year on -call contract. The scope of work comprises the improvements for numerous city street projects (federally and locally funded), traffic signals, underground utilities, buildings, bridges, and park facility improvements. Examples of relevant projects under this contract include the following: Jerome Park Ballfield Lighting: Installation of new sports lights, lights pole standards, and conduits at the west field of Jerome Park. Kleinfelder Geotechnical Engineer Mr. Jeffery Waller initially provided a geotechnical engineering review of the allowable bearing capacity and lateral pressure for the foundation design. Our field engineers retrieved soil samples from hand auger borings and ran laboratory testing on relatively undisturbed and disturbed samples of the subsurface soil to provide geotechnical recommendations for the project. Additionally, our materials testers sampled and tested Portland cement concrete placed for the light pole standards. CLIENT BENEFITS -'Continuity and Depth of Expertise. Kleinfelder uses a centralized dispatching system to ensure continuity of inspectors and materials testers who are multi -certified to cover all aspects of the work. -'Cost Savings. The Kleinfelder Team utilizes multiple laboratory facilities for equipment storage and inspection/materials testing services to minimize travel time and provide quicker laboratory testing turn -around times. ✓Quality Work. Kleinfelder's staff hold certifications by Caltrans, ACI, AWS/CWI, NICET, and ICC. These certifications, along with related laboratory and field experience and our continuous in-house training program, allow us to provide the City of Santa Ana with inspectors and materials testers possessing current / relevant knowledge of the materials and procedures utilized during inspection and testing services. 2. Orange County Public Works On -Call Construction Services, Geotechnical Engineering & Materials Testing, Construction Inspection Services I Orange County, CA Year Completed: 2022 1 Client: County of Orange, Blaine Thomann, Project Manager, County of Orange, 714-667-4996; Blaine.Thomann@ocpw.ocgov.com I Key Staff: Dany Hanna, PE I Brian Crystal, PE, GE For over a decade, Kleinfelder has been providing construction inspection, geotechnical engineering, and materials testing and inspection services for the County under the direction of Mr. Dany Hanna, PE, Project / Contract Manager. Our services are in accordance with the County / District's Quality Assurance program and support projects for the construction of new or rehabilitation of existing roadways, flood control channels, parks, and/or other infrastructure. Kleinfelder has also held contracts with the County for on -call construction (management & inspection) services from 2017 - 2020 and on - call public relations and graphic design services from 2017 - August 2022. KLE/NFELOER argar sowrm�r. City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 16 en9nr aeopre. Oso Parkway Bridge Replacement, Aliso Viejo: Activities consisted 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, pedestrian walkways and ramps, bridge construction, roadway paving, and new overhead signage and traffic control devices. Kleinfelder has performed concrete batch plant inspection, Portland cement concrete aggregate sampling and testing, and onsite flexural beam fabrication and laboratory testing per Caltrans test methods. Hot mix asphalt batch plant inspections occurred and Kleinfelder material testers sampled the HMA, binder, and aggregates for testing in our Caltrans accredited laboratories. Loma Ridge Road Widening: Loma Ridge Road serves as the only access road to the County's Emergency Operation Center (EOC). Loma Ridge Road begins as a two-lane road at the EOC and transitions to one lane. It continues as a one -lane road for the lower two-thirds of its alignment until it reaches a security gate, southwest of the State Route 241 toll road and Santiago Canyon Road. The County awarded Kleinfelder a geotechnical engineering project to improve the road by widening it to two lanes, replacing the existing pavement for the full width of the road, performing minor grading, and constructing up to 4 retaining walls. 3. City of Ontario/Ontario Municipal Utilities Company I Various On -Calls including As - Needed Professional Engineering Design Services, As -Needed Geotechnical and Materials Testing Services I Ontario, CA Year Completed: 2014 — Ongoing I Client: City of Ontario, Dan Beers, Design & Construction, Principal Project Manager, 909.395.2806; dbeers@ontarioca.gov I Key Staff: Dany Hanna, PE, GE I Jeffery Waller, PE, GE I Eric Noel, PE, GE Kleinfelder has been performing as -needed professional engineering design and geotechnical engineering, environmental, and materials testing and inspection services as an extension to the City's Engineering Department for nearly a decade. CLIENT BENEFITS ✓ Responsive and Local The depth of our team and local operation enable us to identify the appropriate in-house staff and schedule for service within hours of receiving requests. D Street Storm Drain Relocation: The project consisted of undertaking ✓ Our local Ontario staff and the redevelopment of a parcel of land located on the southwest corner of laboratory minimize travel the D Street and Sultana Avenue intersection. The property, owned by costs and increase the City, includes an existing drain easement and 24-inch line which laboratory testing and directs stormwater from drainage infrastructure located at the reporting time. intersection of Cherry Street and D Street to the existing drainage system on Sultana Avenue. Given the redevelopment of the property, the goal of this project was to discontinue the existing cross-country storm drain line and redirect runoff from the Cherry Street/D Street intersection to existing drainage infrastructure on Sultana Avenue. C-Block Parking Structure: The Kleinfelder Team provided geotechnical and environmental engineering along with special inspection and laboratory testing services for this new four -level structure located on the northwest corner of C Street and Lemon Avenue. This parking structure features 400 parking spaces, roof parking, eight Tesla motor supercharges, and is part of the continuing redevelopment in Downtown Ontario. The Kleinfelder team provided data gathering and review, preliminary design, site reconnaissance and detailed utility verification, public and private utility coordination, storm drain sizing, geotechnical investigations, geotechnical laboratory testing, geotechnical report, 30% preliminary design and report; and final design. KLE/NFELOER argar sowrm�r. City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 17 en9nr aeopre. 4. City of Industry On -Call Geotechnical and Environmental Engineering I City of Industry, CA Year Completed: 1993 — Ongoing I Client: City of Industry, Josh Nelson, City Engineer, 626.333.2211; jnelson@cityofindustry.org I Key Staff: Dany Hanna, PE, GE I Jeffery Waller, PE, GE I Eric Noel, PE, GE Kleinfelder has been providing geotechnical, environmental, and construction services to the City of Industry for the past 30 years. During this time, we have developed great relationships with their other consultants and the City of Industry's construction inspectors, which leads to efficient execution of projects. Kleinfelder provides the City of Industry with experienced engineers that evaluate each project to deliver the best solutions for the specific situation encountered. Our services have ranged from geotechnical and environmental consulting to complete construction observation and testing services for major roadway improvements, street rehabilitation, water reservoirs, and other municipal facilities including a landfill and hospital. More than 100 projects have been completed to date, including recent projects described below. In the last five years, Kleinfelder has supported the City of Industry for design and construction of improvements along streets of various sizes within the city. Services have included investigations for roadway widening, additions of bus turnouts, and roadway rehabilitation. Many of the projects have required geotechnical design enhancements such as geogrid, cement -treated subgrade, or other measures to reduce pavement section thickness, reduce the instances of utility conflict, and reduce project costs. Recently, we have been requested to provide recycled asphalt pavement recommendations to reduce waste and re -use most of the existing materials. CLIENT BENEFITS Examples of relevantprojects under this contract include the follow�na: ✓ One -Stop Shop. We have Gale Avenue Pavement Evaluation: Evaluated the existing provided the City of Industry with condition of the asphalt concrete pavement and provided a range of in-house services over design recommendations for the rehabilitation of Gale Avenue, our 30-year relationship with the from 1400 feet west of Stoner Creek Road to 400 feet east of City, eliminating learning curve Coiner Court. Low strength subgrade soils and high traffic and saving time and costs. volumes resulted in a deep pavement section. Kleinfelder incorporated layers of geogrid within the subgrade soils and aggregate base section to reduce the thickness of the pavement section, reduce the impacts on shallow water lines. This approach reduced the project costs and shortened the project schedule. Arenth Avenue Reconstruction: Kleinfelder advanced geotechnical borings and test pits to provide the City of Industry with geotechnical recommendations for reconstruction of Arenth Avenue. The reconstruction design included optional recommendations for the overexcavation and recompaction of subgrade soil, placement of geogrid within the aggregate base, the use of cement -treated subgrade soil, placement of cement -treated base, and the placement of recycled asphalt pavement by the cold central plant method. Kleinfelder also performed observation and testing services during reconstruction of the pavement section to ensure that our geotechnical recommendations were incorporated into the project. 5. On -Call Geotechnical and Environmental Services I City of Los Angeles, CA Year Completed: 1997 — Ongoing I Client: City of Los Angeles, Patrick Schmidt, Geotechnical Engineering Manager, 213.923.5984; patrick.schmidt@lacity.org I Key Staff: Dany Hanna, PE, GE Jeffery Waller, PE, GE I Eric Noel, PE, GE I Jeff Walker, PE, GE Kleinfelder has been the geotechnical engineer for numerous on -call contract task orders for new and existing facilities. The scope of work has ranged from slope stability and groundwater issues to complex geologic and geotechnical areas of faulting, natural methane, and other potential hazards. We have provided geotechnical services for reconstruction of fire stations, a vision theater, community development centers, bulkhead retaining walls, bridge reconstruction, parks, and sewer mains. LK E/NFELOER a 9h«p,e.p,9h,so,O;­. City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 18 Sheldon Arleta Park and Landfill, Geotechnical Investigation and Data Report: Subsurface investigation services included a geophysical survey, hollow stem auger borings, and cone penetration tests. A geophysical survey was also performed to assist in delineating the location of an existing underground storage tank. Proposed San Fernando/Cazador Livability Services Division Facility: Geotechnical investigation and construction materials inspection services at the proposed facility. The project design included deep foundations for support of the solid waste collection activities. The investigation was performed using hollow -stem and mud -rotary drilling and associated laboratory testing. During construction, Kleinfelder performed observation and testing of approximately 22-foot deep, 30-inch diameter foundations, concrete inspection and testing, and grading observation and testing. 6. As -Needed Geotechnical Engineering, Materials Testing, Construction Observation, and Inspection I John Wayne Airport I Orange County, CA Year Completed: 2002 — Ongoing I Client: John Wayne Airport, Sean Lally, PE, Airport Engineer, 949.252.6013; slally@ocair.com I Key Staff: Brian Crystal, PE, GE Kleinfelder has provided geotechnical engineering, materials testing, and construction observation and special inspection services at John Wayne Airport for 18 years. We were recently awarded a three-year contract (2017 — 2020) and a two-year extension (2020 — 2022) to continue providing these services. Examples of relevant erects under this contract include the following: Pavement Evaluation for Runway 20R/2L, Taxiway Alpha and Taxiway Lima: Kleinfelder performed a visual evaluation of main Runway 20R/2L, Taxiway Lima, and Taxiway Alpha. The runway is constructed of P-401 asphalt concrete and the centerline was exhibiting a crack along a construction joint. Kleinfelder observed the cracks, collected full -depth cores, and patched the holes with non -shrink grout. The taxiways consist of P-501 Portland cement concrete in slabs ranging from 16 to 25 feet square. Teams of inspectors walked the taxiways at night and documented observed distresses in accordance with the PCI distress codes and plotted the locations on satellite images. Over 700,000 square feet of PCC pavement was observed and documented in four nights. The data was presented in written report with recommendations for John Wayne Airport's pavement repair and maintenance program. Kleinfelder will provide quality assurance and testing services for the rehabilitation and construction of Runway 20R/2L, Taxiway Alpha, and Taxiway Lima. Review of Taxiway Bravo Rehabilitation: Kleinfelder performed a third -party review of a consultant's geotechnical report and pavement design recommendations as well as preliminary 65% design drawings and feedback comments in a letter report to John Wayne Airport. Kleinfelder's experience with FAA pavement design and construction resulted in several comments clarifying the design criteria and potentially avoiding costly post -bid change orders. Terminal C Expansion and Parking Structure C: The project consisted of constructing new Terminal C and Parking Structure C, as well as extending the North Concourse at the northern end of Terminal A. Kleinfelder performed a geotechnical study that consisted of a literature review, subsurface explorations, geotechnical laboratory testing, engineering evaluation and analyses, and preparation of a report. The materials investigation included destructive and non-destructive testing to verify column reinforcing size, spacing and splices, as well as location of post -tensioned tendons and anchors in the deck using ground penetrating radar. Construction services included an indicator pile program to evaluate the pile lengths required to achieve the design capacities and to develop driving criteria specific to the pile driving system; a ground vibration study to evaluate if vibrations induced during pile driving could have an adverse effect on adjacent structures; observation during the installation of production piles to maintain records of pre -drill depths, blows per foot, pile tip elevation, actual pile length installed, pile cut-offs, and installation time; and geotechnical observation and testing services during the preparation of the building pad and other earthwork activities, such as placement of utility trench backfill. KLE/NFELDEN Nrigh! People. Night City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-123 1 Page 19 Soluriou. f. Willingness to Comply with Agreement Terms Answered in Section b, page 3. g. References Kleinfelder has several recent, relevant, public entity references where the team has performed similar work within the past five years. Below are three references with valid, current email addresses. We encourage the City to reach out to these agencies and learn more about Kleinfelder's successful project delivery. Josh Nelson, City Engineer City of Industry 626-333-2211 jnelson@cityofindustry.org Dan Beers, Principal Project Manager City of Ontario / Ontario Municipal Utilities District 909-395-2806 1 C: 818-388-0212 dbeers@ontarioca.gov Sean Lally, PE, Airport Engineer John Wayne Airport 949.252.6013 slally@ocair.com Project Scope of Work On -Call Geotechnical and Environmental Engineering Project Description #4 City of Ontario/Ontario Municipal Utilities Company, Various On -Calls including As -Needed Professional Engineering Design Services, As -Needed Geotechnical and Materials Testing Services Project Description #3 As -Needed Geotechnical Engineering, Materials Testing, Construction Observation, and Inspection Project Description #6 SECTION 1 SUMMARY Section 1 has demonstrated that Kleinfelder Team is the Right Team for the following reasons: Firm / Team Experience: We have a long, successful history of delivering a similar scope of services for various municipal clients including the City of Santa Ana, Orange County Public Works, the County of Los Angeles, Riverside County Transportation Department, City of Ontario/Ontario Municipal Utilities Company, City of Industry, City of Los Angeles, and John Wayne Airport. Understanding of the services: Project Manager / Principal Agent and point of contact Mr. Dany Hanna, PE, possesses a full understanding of the services, requirements, and expectations of these types of projects. Relevant Project Experience: We have performed significant work with public agencies in the last five years. Our references will speak to the quality of our work! On -Schedule, On -Budget Delivery: We will provide the City with proven, technically proficient experts who will consistently deliver high -quality projects within the established schedule and budget. Task delivery is on schedule and complete within the authorized budget by eliminating foreseeable project delays. KLE/NFELOER Brigh! People. Hight Solutions. City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-123 1 Page 20 2. SCOPE OF SERVICES AND SCHEDULE Work Plan for All Services Outlined in Attachment 1 (Scope of Work) Scope of Services and Schedule Kleinfelder understands that the City requires the services of a qualified firm to provide as -needed geotechnical engineering and technical services for projects throughout the City on an as -needed basis. All work is to be performed in accordance with The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state, and local guidelines established in the project. The services required may include the following types of work: • Soil Classification and Analysis • Material Testing • Ground Water - Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures - submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing As a full -service geotechnical engineering and materials testing and inspection firm, we routinely perform all of the above -listed services, as well as field exploration, laboratory testing, and instrumentation. If specialized work is required, Kleinfelder will employ the assistance of a subconsultant while remaining the administrative liaison with the City. Geotechnical Services Work Plan In response to a request from the City, we anticipate following a Work Plan similar to the tasks listed below. Project Management Plan Kleinfelder assigns only experienced and qualified project managers to oversee performance of the work and has procedures for checking that our services are performed in a competent, cost-effective manner. The project manager is involved from the beginning of the assignment, specifically in the scope definition, budgeting, and negotiating phases, prior to the formal notice -to -proceed. The project management plan is prepared once Kleinfelder has received the formal notice -to -proceed. The plan includes all tasks in the scope of work and assigns schedules for completion. The project management plan will be submitted to the City for review within 15 calendar days unless an alternate schedule has been approved. Our lead project manager will also meet with the City project manager to initialize the project expectations in terms of scope of services, schedule, budget, invoicing requirements, project review meetings, and preparation of progress reports. The project manager will also be responsible for reviewing addenda and clarifications provided. Data Review/Utility Clearance For this task, we will review geologic maps in the area of the project site. This is anticipated to include readily available maps and reports available from public agencies and in-house reports for projects in the area. We request that all available information identifying the type and location of utility lines and other man-made objects beneath the proposed improvement areas to be KLE/NFELOER Nrigh! People. Night City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-123 1 Page 21 Soluriou. provided to us. In addition, existing records of all boring locations will be cleared of public utilities and agencies based on Underground Service Alert (USA) markings and notification. Based on project jurisdiction and scope, we will obtain required permits for the services proposed. As an added assurance against damaging potentially expensive underground improvements, we propose to meet with the site's facilities representative, if available, to review plans of existing utility lines to further define our proposed boring locations where underground utilities are suspected. As we understand Kleinfelder may be responsible for any damage to utilities during field operations, geophysical utility locating services will also be provided to reduce the risk of subsurface utility interaction. Field Exploration We anticipate utilizing the most appropriate field exploration equipment for the project site and intended development. Since Kleinfelder has the ability to deploy many different types of field exploration equipment, we believe that we can provide the City with the most cost-efficient and timely response to virtually any project need. To obtain the most representative samples and thereby characterize the subsurface conditions, we propose to explore the subsurface conditions by using the appropriate small -diameter hollow -stem, rotary -wash borings or large -diameter (24-inch) bucket -auger borings. We believe that these techniques will provide the advantage of both directly obtaining intact samples (rotary wash borings) for seismic characterization and laboratory testing, while providing engineering geologic data (bucket auger borings) necessary for possible deeper cuts in the underlying bedrock materials, and for use in characterizing the soils for storm drain projects. The potential for groundwater -related conditions such as dewatering, seepage, etc. can also be evaluated. We will place the borings in locations where best suited for the features of the proposed site development, in conjunction with the anticipated cuts and fills. Large -diameter borings often will be placed primarily in areas of deeper cuts, to characterize the excavation and stability properties of these materials. The small -diameter borings will be placed throughout the site to provide engineering data for seismic and strength characteristics development, infiltration testing, and evaluation of liquefaction potential. This combination of exploration techniques will also be more efficient, allowing for better coverage of the site with more exploration points. Our borings will be logged by our experienced staff engineers/geologists who will obtain soil samples, record blow counts of the samples, and other pertinent data. We anticipate utilizing a combination of SPT and California/Shelby tube sampling procedures, depending on the materials encountered. The borings can be backfilled with the soil removed during excavation, or with cement/bentonite slurry, if environmental contamination issues are a concern. Laboratory Testing Laboratory testing will be performed on selected samples obtained during the field exploration to assess the physical characteristics of the subsurface material. We anticipate the testing will typically include in -place unit weight and moisture content, sieve analyses, expansion index, shear strength (direct shear, unconfined compression, triaxial), sieve analyses, consolidation, soluble sulfate, resistivity and pH, and Atterberg Limits, and CBR/resistance value (R-Value) for pavement design. We have the capability to perform triaxial testing and permeability testing of soils through a local subcontracted laboratory. Engineering Analysis and Deliverable Based on the results of the field investigation and laboratory testing, geotechnical engineering analyses will be performed to provide the basis for providing engineering recommendations for site preparation and foundation design. Typical analyses will include, but not be limited to, bearing capacity, settlement, temporary construction dewatering, lateral earth pressures, pavement design, soil liquefaction, seismic -induced settlement, deterministic or probabilistic seismic KLE/NFELOER City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-123 1 Page 22 enynr aeopre. arger sowr;or. analyses, and temporary slope stability. Site -specific response spectra will also be developed if the project is to be designed using the dynamic procedure. Kleinfelder will analyze the field and laboratory data obtained, perform engineering analyses, and provide recommended design parameters for alternative foundation systems, including earthwork/grading, shallow spread foundations, transition cut/fill systems and reinforced mat or pile/pier systems (if required). The results of our field exploration, laboratory tests, and engineering analysis will be summarized in a written report, prepared under the supervision of a State of California Registered Geotechnical Engineer and Certified Engineering Geologist where needed. The reports will be prepared in accordance with The City of Santa Ana Municipal Code and professional standards established by the City, and/or federal, state, and local guidelines. We understand we have responsibility for our deliverables and anticipate that our report will include, at least, the following items: • Vicinity map and site plan showing approximate field exploration locations • Logs of borings • Discussion of field exploration methods • Discussion of laboratory test procedures used • Results of laboratory tests • Discussion of general subsurface conditions, including fill/bedrock contacts, bedrock orientation, seepage and groundwater conditions, as encountered in our field exploration • Discussion and evaluation of historic and recorded seismicity of the region and development of geologic map and cross section, if necessary • Research and review of available geologic, geotechnical and seismologic publications and maps covering the site and vicinity including the California Alquist-Priolo Earthquake Fault Zones map of the area • A review of aerial photographs covering the site area • A geologic reconnaissance of the site by engineering geologist to observe and map pertinent surface features indicative of possible geologic hazards • Evaluation of the researched data and discussion with conclusions regarding possible geologic hazards affecting the site and the proposed project • Site -specific response spectrum (if required), including review available pertinent geological and soil information to develop representative soil profile for the site and to estimate the site classification in order to use appropriate attenuation relationship in our analyses (site classification will be based on 2022 CBC) • Estimating Site Class per Chapter 16A of 2022 CBC • Performing probabilistic and deterministic seismic hazard analyses in order to develop site -specific seismic design criteria in terms of peak and spectral ground accelerations (SMs, SM,, Sps, and Sol) for the Maximum Considered Earthquake (MCE) and the Design Earthquake (DE) per Section 11.4.8 of ASCE 7. The analyses use, and therefore include regional faulting and seismicity. • Analysis of liquefaction potential and discussion of mitigation measures, if needed • Determination of earthquake induced settlement and lateral spreading at the site, if needed • Recommendations for foundation design including parameters for various alternatives, including: - Shallow footings, slabs -on -grade, and subgrade preparation KLE/NFELOER Nrigh! People. Night City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-123 1 Page 23 Soluriou. - Overexcavation limits and depths across the site - Cut/Fill transition system - Modulus of subgrade reaction - Driven pile or drilled pier system • Anticipated total and differential settlements for the foundation systems • Recommendations for mitigation of slope instability or landslides • Recommendations for ground improvements or other measures for liquefaction -related issues • Recommendations for support of slabs -on -grade • Recommendations for lateral load resistance (including basement wall design) • Recommendations for site preparation, earthwork, and fill compaction specifications • Discussion of anticipated excavation (cut stability, groundwater) conditions • Recommendations for excavation stabilization, including hydrostatic design, tie -back walls and shoring systems • Recommendations for flexible and rigid pavements • Recommendations for underground utility trench backfill • OSHA classification of soils for stability during temporary trench excavations Construction Inspection Services Testing and inspection services are performed during the construction phase of the project and generally include services involving grading, testing of soils, soils compaction, aggregate base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, paint thickness, and other quality assurance services as needed. Scope and fee estimates are based on project plans, specifications, and construction schedule. Project Schedule If selected, we anticipate beginning our typical field exploration services within 3 days following notice - to -proceed, subject to equipment availability. Depending on the type of project, we typically anticipate issuing our draft report within 3 to 4 weeks following completion of our field work. If needed, we can provide preliminary information as it is developed to allow for the design team to expedite work. Project Correspondenc( Project correspondence is documented and retained in Kleinfelder project files. Correspondence may include letters, emails, or documentation of telephone calls between members of the project team. Correspondence between Kleinfelder and the City can be provided as requested based on project requirements. Qualitv Assurance and Qualitv Control Plan An important aspect of Kleinfelder's ability to provide reliable service is in our proactive Quality Control and Quality Assurance (QA/QC) Program. Kleinfelder's system of quality control involves every step in the preparation of proposals, sampling plans, and project deliverables. Oversight of technical and quality control activities is provided through Kleinfelder's Quality Assurance Program. Through oversight, surveillance, and audits, Kleinfelder verifies that activities are conducted by trained and qualified personnel, that testing equipment is calibrated and traceable, and that work processes are conducted in accordance with industry standard processes and procedures Quality assurance personnel are independent of the work being performed and provide objective verification that project quality standards are being maintained. LK ElNFELDER ghl Peop,e. High, SWl';.n City of Santa Ana On -Call Professional Engineering Services - RFP No. 23-1231 Page 24 Quality management at Kleinfelder is built around three major components: 1. Kleinfelder Quality Management Program (KQMP) 2. Kleinfelder Quality Procedures (KQP) 3. Kleinfelder Technical Guidance Documents (KTGD) Project managers are responsible for ensuring every deliverable produced under their direction undergoes a peer review. Project managers may delegate responsibility for managing the peer review process to the author(s) of deliverables under their direction but retain the ultimate accountability. A Qualified Peer Reviewer is an individual nominated by the respective Practice and Specialty Leaders and approved by Technical Discipline Leaders, whose technical competency, practical experience, professional judgment, and education qualify them to conduct peer reviews. Only individuals posted on the list of Qualified Peer Reviewers may serve as Qualified Peer Reviewers. Our application of quality control procedures throughout the life of projects results in cost savings for our clients and improved project quality and continuity. Kleinfelder develops and maintains QA/QC best practices to ensure high -quality work and results; these best practices include the following: Experienced Project Managers and Technical Staff — Kleinfelder offers access to a highly qualified, diverse staff of professionals, engineers, and scientists, and our top priority is to match the most appropriate staff to the assignment. The named project manager is involved from the beginning of the assignment, specifically in the scope definition, budgeting, and scheduling phases, and facilitating coordination with subconsultant firms. Kleinfelder will assign only experienced and qualified professionals among our team of subconsultant partners to perform the work. Kleinfelder strives to maintain consistency in its lead and technical support personnel from the beginning of an assignment through its completion. Appropriate Registrations and Certifications — Our team possesses the appropriate experience and applicable registrations and certifications to fulfill the requirements of the proposed work areas in this RFP. Our team comprises registered professional engineers and geologists, and others with appropriate registrations and certifications. All of our services, including the review or preparation of reports will be performed under the direction of professionals appropriately registered in their technical disciplines. Peer Review of Deliverables — Kleinfelder follows a well -established in-house review process utilized for all technical reports, design drawings, specifications, and project documents. This procedure has been formalized to establish the requirements and procedures for the performance and documentation of peer reviews of written communication ("Deliverables"), transmitted as a work product developed by Kleinfelder personnel or under Kleinfelder direction. Each document, whether a draft or final version, undergoes a peer review by a senior professional with the technical skills to perform the review. Each review is documented LK E/NFELDER gh1Peop,e R;gh,SW, ;.­ City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 25 on a peer review sheet, which is maintained with the copy of the master report file. Draft reports, which are updated to incorporate peer review and client comments, as appropriate, go through another round of document review, which is also documented. Data Quality Objectives — Kleinfelder's approach for generating quality data involves integrating staff resources from multiple scientific and engineering disciplines into a team of professionals who will coordinate with the City's and regulatory agency's technical and management personnel to ensure that the data quality is appropriate for its intended use. Kleinfelder has a proven track -record of using this teaming approach on previous projects for private and municipal clients. Quality control will be integrated into each task from project beginning and will include appropriate staffing to provide peer reviews and senior reviews throughout the project. Critical to obtaining quality data are defining the sampling objectives, using the right sampling equipment and techniques, using the correct analytical procedures, implementing electronic verification procedures, appropriately managing databases, and double-checking results. Field Activity Quality Control - Where field activities are required, quality control is implemented as a three-phase quality control program. The initial phase occurs prior to commencing field work. A preparation meeting is held with Kleinfelder's project manager, City project personnel, and subcontractors to review project plans and procedures and ensure all necessary equipment is available and in good working order. Safety hazards precautions are also reviewed. Prior to initiating field activities, Kleinfelder will prepare a Health & Safety Plan (HASP), and depending on the complexity of the work, a work plan. These plans will provide the quality objectives for the project and address issues such as the number and types of samples, the desired level of confidence, the sampling methods, the analytical procedures, the QA/QC implementation, and data validation/verification procedures. As part of this QC process, project personnel are required to review and sign that they have reviewed the final work plan and standard operating procedures as part of the project -specific training prior to conducting field activities. After field work is in progress, an interim inspection is conducted in the field by the task leader, quality manager, or other designated professional. If any deficiencies are noted, this inspection allows corrective measures early on. Finally, after the field work is completed, the task leader and project manager are provided an audit of the effort to make sure all requirements were met. Documentation of these inspections is maintained in the project file and included in deliverables. The reliability and credibility of the generated analytical data will be verified by including scheduled analyses of field duplicates, equipment and trip blanks, and spiked samples. These field quality control samples, as well as laboratory control samples, are a routine aspect of data reduction, validation, and reporting procedures. SECTION 2 SUMMARY ✓ Section 2 has demonstrated Kleinfelder's understanding of this contract, approach, and tasks and deliverables necessary to successfully deliver the full scope of services. Our QA/QC procedures ensure that all deliverables (including those from our subcontractors) are reviewed for quality and technical accuracy before being sent to the City and team members. We have assembled the right project team that is qualified, committed, and available to deliver all services from day one of the contract in accordance with project schedules. Our seamless work plan includes a detailed discussion of all the tasks/activities anticipated for this contract. The Kleinfelder team uniquely combines our qualified local professionals with firm -wide technical experts to seamlessly and cost-effectively provide the appropriate technical resources to solve any of the City's project needs. This contract will be our priority and all key personnel will be made available to support task orders. We understand that it is crucial to have a qualified and experienced team of project staff to meet the demands of this contract, while minimizing project costs. Our team approach, project management, document control, technical review, and quality management practices allow for seamless continuity of work already in progress in the event of the loss of a key member of the project. KLE/NFELOER er,gnr aeopie. araar sowrm�r. City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 1 Page 26 3. FEE PROPOSAL Attached as separate file, per instructions. KLE/NFELOER City of Santa Ana On -Call Professional Engineering Services — No. 23-123 en9nr aeopre. argar sowrmr. 4. CERTIFICATIONS Attachment 3-1: Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification KLE/NFELDER City of Santa Ana On -Call Professional Engineering Services — No. 23-123 0"hl P-,J, Night S.AA. s. Appendix ATTACILMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20___, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Publi _S�e_ /'U2 try Public Seal City of Santa Ana RFP 23-123 Page A3-1 CALIFORNIA JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF '5q/1/kani'Ct } Subscribed and sworn to (or affirmed) before me on this aZs7�1 day of A uS' 020 Date Month Year by Dail 1-14"7'17a Name of Signers proved to me on the basis of satisfactory evidence to be the persorik&-who appeared before me. Signature: Cj�( �— Signature of Notary Public uwr�wrt+rr� MICHAEL TANNA COMM. # 237t 8RW Z ` NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires September 28, 2025 Seal Place Notary Seal Above --------------------------------------------------- OPTIONAL --------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document /V o,4 C NUS, j 1W, C,Y`- Document Date: O Number of Pages: Signer(s) Other Than Named Above: Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Finn Kleinfelder, Inc. Signed and Printed Name Title Date X / rL Vice President Hanna, PE City of Santa Ana RFP 23-123 Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRINIINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 23-123 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Dan Hanna, PE, Vice President Finn: Kleinfelder, Inc. Date: 2 0 2 City of Santa Ana RFP 23-123 Page A3-4 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable :1813 =131• MN I Professional............................................................................................................................... $ 120/ hour StaffProfessional...................................................................................................................... $ 150/ hour Project Professional................................................................................................................... $ 175/ hour Senior Professional................................................................................................................... $ 200/ hour Principal Professional................................................................................................................ $ 225/ hour Senior Principal Professional..................................................................................................... $ 275/ hour ProjectManager........................................................................................................................ $ 220/ hour Senior Project Manager............................................................................................................. $ 260/ hour CADTechnician......................................................................................................................... $ 125/ hour GISTechnician.......................................................................................................................... $ 150/ hour Project Controls Professional.................................................................................................... $ 130/ hour Field Soils & Materials Tester: Prevailing Wage Group 1.......................................................... $ 180 / hr. Special Inspection & Batch Plant: Prevailing Wage Group 2.................................................... $ 185 / hr. Non-destructive Testing: Prevailing Wage Group 3.................................................................. $ 190 / hr. Special Inspector & Materials Tester: Non -Prevailing Wage ..................................................... $ 98 / hr. Administrator............................................................................................................................. $ 100/ hour Project Administrator................................................................................................................. $ 125/ hour Public works projects or projects receiving public funds are subject to Prevailing Wage laws. The above rates for professional and administrative staff are for services not subject to prevailing wages. If during the term of this contract, these services are reclassified as qualifying for prevailing wages, then we will provide hourly prevailing wage rates at that time. Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical, and environmental engineers; industrial hygienists; geologists; hydrogeologists; hydrologists; and computer specialists. Hourly rates assume that other direct costs will be billed and reimbursed by the client. Kleinfelder reserves the right to adjust the fee schedule on projects where other direct costs are not reimbursed. Refer to the attached Basis of Charges for additional fee schedule information. Kleinfelder Fee Schedule for the City of Santa Ana 08/2023 BASS"OF CHARGES 1. A two-hour show up minimum charge will be made for all field services where work is cancelled less than two hours prior to the requested start time. A four-hour minimum charge will be made for any field services in excess of two hours. An eight -hour minimum charge will be made for field services in excess of four hours per day. 2. Time worked in excess of 8 hours per day (Monday - Friday) and up to 12 hours per day on Saturday will be charged at 1.5 times the hourly rate. Time worked in excess of 12 hours per day (Monday — Saturday) and all time worked on Sundays and holidays will be charged at 2 times the hourly rate. 3. Per diem will be charged at cost for all projects in excess of 50 miles from the nearest Kleinfelder office. 4. Office support staff, non -prevailing wage staff, and laboratory testing rates will be escalated 3% annually following the first fiscal year of the contract (November 19, 2024) for the duration of the contract. 5. Rates for all staff classifications subject to prevailing wages per the DIR will be escalated 3% annually on July 1 st for the duration of the contract. The escalation for the first year of the contract will be delayed until November 19, 2024 (the end of the first fiscal year of the contract). 6. Vehicle mileage will be charged at the current IRS reimbursement rate portal-to-portal from the nearest Kleinfelder office. 7. The proposed fee includes standard invoicing with time detail summary. Additional administrative time will be charged if invoice backup information (timesheets, daily field reports, or work summaries) is requested. 8. Certified payroll for prevailing wage projects will be provided only if requested and will be subject to additional charges for administrative time for each pay period. Kleinfelder Basis of Charges for the City of Santa Ana Revised 05/2021 SOIL DENSITY TESTS Test Standard Test Methodt Fee Standard Proctor D698, T99 $ 290 each Modified Proctor D1557, T180 $ 290 each Rapid Determination of Compaction* D5080 $ 250 each 1-Point Proctor, Check Point T272 $ 170 each Proctor Oversize Correction D4718 $ 90 each Treated Soil Proctor D558 $ 380 each Minimum and Maximum Relative Density D4254, D4253 $ 510 each Maximum Density by Vibratory Hammer D7382 $ 660 each Moisture/Density, TEX 113-E TEX113-E $ 330 each Moisture/Density, TEX 114-E TEX114-E $ 330 each California Impact, CT 216 CT216 $ 270 each *Field Test SOIL CLASSIFICATION AND INDEX TESTS Test Standard Test Methodt Eee Visual Classification D2488 $ 35 each Sieve Analysis, % Finer than No. 200 Sieve D1140 $ 110 each Sieve Analysis, Fine D422, D6913, T88 $ 155 each Sieve Analysis, Coarse D422, D6913, T88 $ 155 each Sieve Analysis, Coarse and Fine D422, D6913, T88 $ 200 each Hydrometer Analysis Requires a Sieve Analysis, not included) D422, D7928 $ 185 each Water Content D2216, D4363, T265 $ 30 each Water Content and Dry Unit Weight D2216, D2937, D7263 $ 55 each Atterberg Limits, Single Point D4318-B, T89, T90 $ 145 each Atterberg Limits, Multiple Point D4318-A, T89, T90 $ 220 each Soil Specific Gravity D854, T100 $ 270 each Soil Organic Content D2974-C $ 150 each Fiber Content of Peat Soils D1997 $ 320 each Pinhole Dispersion Classification D4647 $ 630 each Soil pH D4972, G51 $ 70 each Double Hydrometer for Dispersive Soils D4221 $ 330 each Crumb Test for Dispersive Soils D6572 $ 105 each Soil Resistivity G187 $ 190 each Chloride Content $ 85 each Sulfate Content $ 70 each Thermal Resistivity, Per Point D5334, IEEE 422 $ 390 each Thermal Resistivity, Dry -Out Curve D5334, IEEE 422 $ 1140 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginnina with T are AASHTO methods. Page 1 of 8 Revised 1/2023 SOIL BEARING PRESSURE TESTS Test Standard Test Methodt Fee California Bearing Ratio, Single Point (proctor not included) D1883, T193 $ 420 each California Bearing Ratio, 3 Points (proctor not included) D1883, T193 $ 780 each Resistance R-Value D2844 $ 390 each Resistance R-Value of Treated Material D2844 $ 450 each Rock Correction for R-Value D2844 $ 100 each Stabilized Soil UC Strength, 1 Point (proctor not included) D1633, D5102 $ 210 each Stabilized Soil UC Strength, Set of 3 D1633, D5102 $ 1140 each CT373, 1 Lime Content, w/o Opt. Moist. CT373 $ 210 each CT373, 1 Lime Content CT373 $ 440 each CT373, 3 Lime Contents CT373 $ 1,320 each Eades and Grim Test Opt. Lime Content C977 $ 235 each Resilient Modulus T307 $ 570 each CTB Strength, Individual Specimen $ 220 each CTB Strength, Set of 3, Without Design $ 500 each CTB Complete Mix Design $ 7,150 each SOIL STRENGTH AND PERMEABILITY TESTS Test Standard Test Methodt Fee Pocket Penetration Value $ 35 each Unconfined Compressive Strength D2166, T208 $ 170 each Direct Shear, 1 Point D3080, T236 $ 180 each Direct Shear, 3 Points D3080, T236 $ 470 each Direct Shear, Residual Strength, Each Pt D3080-Modified $ 300 each Consolidation without Time Rate Plots D2435-Modified $ 410 each Consolidation with 2 Time Rate Plots D2435-A, T216-A $ 540 each Consolidation, All Loads with Time Rates D2435-13, T216-B $ 760 each Collapse Potential D5333 $ 310 each One Dimensional Swell — Wetting After Loadin, Series D4546-A $ 360 each One Dimensional Swell — Wettin After Loading-D4546-B $ 210 each One Dimensional Swell — Loading After Wetting D4546-C $ 570 each Expansion Index D4829 $ 235 each Denver Swell Test $ 210 each Permeability, Rigid Wall D2434 $ 540 each Permeability, Flexible Wall D5084-C $ 470 each Triaxial Compression, CU, 1 Point D4767, T297 $ 600 each Triaxial Compression, CU, 3 Points D4767, T297 $ 1,485 each Triaxial Compression, UU, 1 Point D2850, T296 $ 250 each Triaxial Compression, UU, 3 Points D2850, T296 $ 760 each Triaxial Compression, UU Saturated, 1 Point D2850-Modified $ 360 each Triaxial Test, TEX117E, Part I TEX117E $ 2,145 each Triaxial Test, TEX117E, Part II TEX117E $ 2,145 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginnina with T are AASHTO methods. Page 2 of 8 Revised 1/2023 AGGREGATE TESTS Test Standard Test Methods Eee Acid Solubility $ 220 each ASR Reactivity, Long Method C227, C1293 $ 2,035 each ASR Reactivity, Short Method C1260, C1567 $ 1,140 each Cleanness Value CT227 $ 200 each Clay Lumps and Friable Particles, per size *(see note below) C142, T112 $ 125 each Coarse Specific Gravity & Absorption C127, T85 $ 100 each Fine Specific Gravity & Absorption C128, T84 $ 175 each Coarse Durability D3744, T210 $ 180 each Fine Durability D3744, T210 $ 190 each Flat and Elongated Particles, per size *(see note below) D4791 $ 115 each Fractured Faces, per size *(see note below) D5821, T335 $ 125 each Lightweight Pieces (Per specific gravity of heavy liquid) C123, T113 $ 350 each Los Angeles Abrasion, Large Aggregate C535 $ 240 each Los Angeles Abrasion, Small Aggregate C131, T96 $ 240 each Mortar Sand Strength C87, CT515 $ 780 each Organic Impurities C40, T21 $ 90 each Sand Equivalent D2419, T176 $ 180 each Sieve Analysis, % Finer than No. 200 Sieve C117, T11 $ 110 each Sieve Analysis, Fine C136, T27 $ 155 each Sieve Analysis, Coarse C136, T27 $ 155 each Sieve Analysis, Coarse and Fine C136, T27 $ 200 each Soundness of Aggregate, per size *(see note below) C88, T104 $ 180 each Unit Weight C29, T19 $ 80 each Water Content D2216, C566, T255 $ 30 each Texas Wet Ball Mill TEX116E $ 360 each Decantation Wash TEX406A $ 110 each Uncompacted Void Content of Fine Aggregate C1252, T304 $ IM each *Tests are billed by each size fraction tested. The quantity of fractions tested is dependent on the sample gradation and test method. Test Standard Test Methods Fee Filter Media, Sieve Analysis (includes dIO, d60, es, cu) AWWA B100 $ 220 each Filter Media, Mohs Hardness AWWA B100 $ 220 each Filter Media, Percent Silica $ 240 each Acid Solubility AWWA B100 $ 220 each sCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginnina with T are AASHTO methods. Page 3 of 8 Revised 1/2023 Test Standard Test Methodt Fee Concrete Compression C39 $ 40 each Concrete Core Compression C42 $ 100 each Concrete Flexural Strength C78 $ 125 each Hydraulic Cement Mortar Compression C109 field cast $ 40 each Concrete Drying Shrinkage, set of 3* C157 $ 610 Each Concrete Core Thickness C174 $ 55 each Concrete Laboratory Trial Batch** C192 $ 1,485 each Concrete Time of Set by Penetration Resistance C403, C191 $ 2,400 each Concrete Modulus of Elasticity C469 $ 500 each Concrete Splitting Tensile Strength C496 $ 125 each Concrete Absorption C497, C642 $ 190 each Concrete Cylinder Unit Weight C567 $ 190 each Non -Shrink Grout Compression C1107, C579 $ 40 each Shotcrete Compression C1140, C1604 $ 85 each Shotcrete Core Grading ACI 506.3 $ 85 each Concrete Paving Slab Modulus of Rupture C1782 $ 900 each Concrete Direct Tensile D2936, CRD C164 $ 500 each CLSM Compression D4832 $ 55 each *For sets greater than 3, add $100 per prism **Includes up to 9 c finders 4x8 or 6x12 or 9 flex beams, additional cylinders, beams, or shrinkage prisms charged at individual unit rate .................... ROLLER COMPACTED CONCRETE TESTS Test Standard Test Method t Fee RCC Compression C1435/C39 $ 65 each RCC Air Content C1849 $ 50 each RCC Unit Weight C1849 $ 50 each RCC Consistency and Density VeBe) C1170 $ 1,600 each RCC Accelerated Cure C1768 - modified $ 750 each RCC Trial Batch ACI 211.1 $ 4,800 each RCC Aggregate Mixing ACI 211.1 $ 2,000 each Test Standard Test Method t Eee Masonry Grout Compression C1019, C942 $ 40 each Masonry Mortar Compression C270, C780 $ 40 each Masonry Core Compression and Shear CA DSA $ 200 each Masonry Prism Compression C1314 $ 150 each CMU Absorption and Received Moisture C140 $ 120 each CMU Compression C140 $ 125 each CMU Dimension Verification C140 $ 55 each CMU Lineal Shrinkage C426 $ 300 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginnina with T are AASHTO methods. Page 4 of 8 Revised 1/2023 Test Standard Test Methodt Fee Rock Sample Preparation D4543 $ 120 each Rock Direct Shear, 1 Point D5607 $ 350 each Rock Mohs Hardness IRSM $ 55 each Rock Point Load Index, per Point* D5731 $ 65 each Rock Slake Durability D4644 $ 240 each Rock Splitting Tensile/Brazilian, per Point* D3967 $ 120 each Rock Direct Tensile D2936 $ 250 each Rock Triaxial Compression D7012-A $ 420 each Rock Triaxial Compression w/Modulus of Rupture D7012-B $ 560 each Rock Unconfined Compression Rock Unconfined Compression w/Modulus of Rupture D7012-C $ 300 each D7012-D $ 500 each Above testing fees include routine sample preparation (end grinding) and sample photographs *Point load andsplitting tensile test fees are per break, not per set of 10. EMULSION TESTS EMULSION TESTS Test Standard Test Methodt Fee Emulsion Settlement D6930, T59 $ 280 each Emulsion Sieve Test D6933, T59 $ 125 each Emulsion Storage Stability D6930, T59 $ 220 each Emulsion Torsional Recovery CT332 $ 190 each Particle Charge D7402, T59 $ 125 each Residue by Evaporation D6934, T59 $ 140 each Sa bolt Viscosity D7946, T59 $ 190 each Slurry Seal Wet Track Abrasion D3910, ISSA TB100 $ 420 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginnina with T are AASHTO methods. Page 5 of 8 Revised 1/2023 MIX PROPERTY TESTS Test Standard Test Methodt Eee Air Voids Determination (calculation only) D3203, AIMS-2 $ 65 each VMA Determination (calculation on►y) AIMS-2, CT-LP-2 $ 65 each VFA Determination (calculation only) AIMS-2, CT-LP-2 $ 65 each Volumetric Properties (calculation only) AIMS-2, CT-LP-2 $ 55 each AC Moisture Content T329 $ 70 each Gradation of Extracted Aggregate D5444 $ 150 each AC Content by Extraction D2172 $ 260 each AC Content by Ignition Oven D6307, T308 $ 190 each AC Ignition Oven Calibration (determination of mix correction) D6307 $ 420 each Hveem Stability D1560 $ 420 each Hveem Stability without Compaction D1560 $ 220 each Marshall Stability and Flow (does not include compaction) D6927 $ 210 each AC Swell CT305 $ 600 each DESIGN AND DENSITY TESTS Test Standard Test Methodt Eee AC Core Thickness D3549 $ 20 each AC Core Unit Weight & Thickness D1188, D2726, D3549 $ 65 each Unit Weight, Gyratory Method D6925, T312 $ 390 each Unit Weight, Hveem Method D1561 $ 370 each Unit Weight, Marshall Method D6926 $ 270 each Maximum Theoretical Specific Gravity D2041 $ 200 each Moisture Induced Damage T283 $ 1,615 each Moisture Vapor Susceptibility CT307 $ 720 each Hamburg Wheel Track, Set of 2 T324 $ 1,210 each Index of Retained Strength Indirect Tensile Strength (does not include compaction D1075 $ 1,375 each D6931 $ 1,050 set/3 Indirect Tensile Strength of Cored Specimen D6931 $ 420 each Caltrans Tensile Strength Ratio CT371 $ 2,200 each Caltrans Opt Bitumen Content OGFC CT368 $ 2,035 each Centrifuge Kerosene Equivalent CT303 $ 360 each Film Stripping CT302 $ 180 each Mix Design, Hveem Method WRAP CT367 $ 8,580 each Mix Design, Hveem Method CT367 $ 6,600 each Mix Design, Marshall Method AIMS-2 $ 3,575 each Mix Design, Superpave Method AI-MS-2 $ 8,250 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginnina with T are AASHTO methods. Page 6 of 8 Revised 1/2023 BOLT TESTS Test Standard Test Methodt Eee Bolt Assembly Suite Bolt, Nut, Washer F606 $ 285 each Bolt Hardness E18 $ 40 each Bolt Proof Load F606 $ 55 each Bolt Wedge Tensile F606 $ 55 each Nut Hardness E18 $ 40 each Nut Proof Load F606 $ 55 each Washer Hardness E18 $ 40 each *An assembly' is one bolt, one nut and one washer. The suite consists of a bolt wedge tensile test, bolt and nut proof load tests, and hardness tests on all three pieces. REINFORCING BAR TESTS Test Standard Test Methodt Fee Bend A370, E290 $ 55 each Rebar Tensile, up to No. 11 A370, E8 $ 120 each Rebar Tensile, No. 14 and No. 18 A370, E8 $ 250 each Rebar Coupler Slip A370, A1034, CT670 $ 190 each Rebar Coupler Tensile, up to No. 11 A370, A1034, CT670 $ 120 each Rebar Coupler Tensile, No. 14 and No. 18 A370, A1034, CT670 $ 250 each CT670 Strain (Elongation) CT670 $ 25 each Headed Rebar Tensile, up to No. 11 A370, A970 $ 120 each Headed Rebar Tensile, No. 14 and No. 18 A370, A970 $ 250 each Modulus of Elasticity* A370 $ 155 Each Epoxy Coating Thickness A775, A934 $ 125 each Epoxy Coating Continuity — Holiday Test A775, A934 $ 125 each Epoxy Flexibility - Bending A775, A934 $ 125 each In addition to the testing fee. METAL TESTS Test Standard Test Methodt Eee PT Strand Tensile A370, A1061 $ 205 each Anchor Bolt Tensile, up to 1.5" dia. F1554 $ 190 each Anchor Bolt Tensile, greater than 1.5" dia. F1554 $ 310 each Reduced Section Tensile* A370 $ 155 each Rockwell Hardness E18 $ 40 each Macroetch E381 $ 310 each Charpy Impact, Set of 3 ** A370, A673 $ 470 each Galvanization Thickness B499, E376 $ 30 each Fireproofing E605 $ 95 each *Machining testspecimens is not included. Additional fees for stress -strain diagram. "Machining testspecimens is not included. Additional fees will be assessed for testing at temperatures other than 40*F. tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginnina with T are AASHTO methods. Page 7 of 8 Revised 1/2023 DIMENSION STONE Test Standard Test Methodt Fee Dimension Stone, Absorption/Specific Gravity C97 $ 280 set/5 Dimension Stone, Compressive Strength C170 $ 280 set/5 Dimension Stone, Flexural Strength C880 $ 280 set/5 Dimension Stone, Modulus of Rupture C99 $ 280 set/5 MISCELLANEOUS TESTS Test Standard Test Methodt Eee ]-��am Verification E4 $ 390 each Tensile and Elastic Modulus Polymer Composite Materials D3039 $ 750 set/5 SAMPLE PREPARATION Test Standard Test Methodt Fee Rock Sample Preparation D4543 $ 120 each Sample Crushing $ 180 each Sample Cutting and Trimming $ 40 each Sample Mixing and Processing $ 125 each Sample Preparation $ 65 each Sample Remolding $ 95 each Contamination Fee $ varies each Sample Disposal Fee $ 10 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginnina with T are AASHTO methods. Page 8 of 8 Revised 1/2023 ■ Project Fee Summary FEE SUMMARY SANTA ANA ON -CALL GEOTECIINICAL ENGINEERING SERVICES (RFP 23-123) Senior SUB - Principal Principal Project Senior Project Staff CAD Project TOTAL CONSULTANT LABOR CATEGORY Professional Professional Manager ProfessionalProfessionalProfessional Technician Administrator HOURS LABOR FEE LAB FEE FEE TOTAL FEE $275.00 $225.00 $220.00 1 $200.00 $175.00 $ 50.00 $125.00 $125.00 Billing rate ($1hr) ct Management Plan Review/Utility Clearance Exploration ratory Testing leering Analysis and Report HOURS 0 0 4 0 0 1 0 1 6 $1,155 $0 $0 $1155 0 2 0 0 1 13 0 0 16 $2,575 $0 $0 $2 575 0 1 0 0 1 10 0 0 12 $1,900 $0 $5 700 $7 600 0 0.5 0 0 0 2 0 0 2.5 S413 $2 780 $0 $3 193 1 2 2 2 8 18 2 2 37 $6,165 $0 $0 $6,165 1 5.5 6 2 10 44 2 3 73.5 $275 $1,238 $1,320 $400 $1,750 $6,600 $250 $375 J $12,208 1 $2 780 $5 700 1 $20 688 LK ElNFELOER wightP Po.. Right sw tf— City of Santa Ana On -Call Professional Engineering Services — RFP No. 23-123 EXHIBIT 5 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LEIGHTON CONSULTING, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between Leighton Consulting, Inc. ("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 August 2, 2023 the City issued Request for Proposal ("RFP") No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on -call basis 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. 23-123. 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 Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A" attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto and incorporated herein by this reference as "Consultant's Proposal - Exhibit B." 2. COMPENSATION 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 Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 10 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on November 21, 2023 and end on November 20, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. 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. 6. 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 Page 2 of 10 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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, and City agrees that Consultant shall not be liable to City or any other third party for any such use. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that 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 $2,000,000.00 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 CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000.00 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$1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader Page 3 of 10 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 City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, 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, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) 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 City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City 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 City 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 City. The City 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 City. (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 ANII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: Page 4 of 10 • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • 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. (viii) Verification of Coverage. Consultant shall furnish the City 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 City 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 City 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 City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 Page 5 of 10 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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 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 City. Page 6 of 10 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case Page 7 of 10 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 18. 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. 19. 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. 20. 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 8 of 10 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Kristen Williams, PG Area Leader Leighton Consulting, Inc. 2600 Michelson Drive, Suite 400 Irvine, CA 92612 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Neither Party shall be liable to the other under any legal theory, whether in tort, in contract, or otherwise, for any incidental, consequential, punitive, or other indirect damages with respect to any claim of matter arising out of or relating to the Services, this Agreement. b. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures contained on following page] Page 9 of 10 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LEIGHTON CONSULTING, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: NATHAN T. MAR EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: LEIGHTON CONSULTING, INC. By: Kristen Williams Title: Area Leader Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firms shall provide the City with the following services as described herein. The consulting firms are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 Page Al-1 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Project Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 Page Al-2 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include. but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 Page Al-3 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Prouosal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 Page Al-4 EXHIBIT B CONSULTANT'S PROPOSAL • f1ly Lei g hton a verdantas company J■1iiiiiiii�1�1�1��L J111111� , �ll� J111li.�i Proposal to Provide On -Call Geotechnical Engineering Services P F P No. 23-123 Prepared for The City of Santa Ana Public Works Agency SANTA ANA _M SECTION 1: STATEMENT OF QUALIFICATIONS a. Cover Letter.....................................................................................1 b. Contract Agreement Statement........................................................2 c. Firm and Team Experience..............................................................2 d. Understanding of Need....................................................................5 e. Relevant Project Experience............................................................7 f. Willingness to Comply with Agreement Terms.................................10 g. References.......................................................................................10 SECTION 2: SCOPE OF SERVICES SECTION 3: FEE PROPOSAL SECTION 4: CERTIFICATIONS APPENDIX A: TEAM RESUMES SECTION 1: STATEMENT OF QUALIFICATIONS f1ly Lei g hton a verdantas company a. COVER LETTER August 28, 2023 Gilbert Castillo City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Subject: Proposal to Provide On -Call Geotechnical Engineering Services for the City of Santa Ana, RFP No. 23-123 The City of Santa Ana (The City) Public Works Agency is charged with providing efficient public services to ensure public safety, a prosperous environment, and a high quality of life for its 300,000 residents, as well as local business owners and annual visitors. Leighton Consulting, Inc. (Leighton) stands ready and capable to provide the Geotechnical Engineering services in support of the City's mission. We are confident that our qualifications and experience providing similar services throughout Orange County and directly for the City provide us the edge in delivering high quality and cost-efficient services. Over the years, Leighton has successfully managed more than 150 on -call public agency contracts for cities, counties, and public agencies across southern California. City clients include Anaheim, Newport Beach, Huntington Beach, Costa Mesa, Irvine, Mission Viejo, Lake Forest, and Los Angeles. We have also had the distinct privilege on working for the City of Santa Ana for more than a decade on projects such as the Bristol Corridor Street Widening, the Warner Industrial Park Pavement Rehabilitation. Leighton's services will be mobilized primarily from our Irvine office, fewer than 10 miles from City Hall. Leading our team as Project Manager and primary point of contact to the City will be Christian Delgadillo, PE, GE. Supporting Christian with oversight and quality assurance as required will be Principal -in -Charge, Djan Chandra, PE, GE. Their contact information is as follows: Christian Delgadillo, PE, GE Djan Chandra, PE, GE Project Manager I Associate Engineer Principal in Charge I Sr. Principal Engineer 949.68.4218 1 cdelgadillo@leightongroup.com 949.681.4267 1 dchandra@leightongroup.com We have both the experience and operating procedures in place to provide you with the services you need in an efficient and economical manner. Supporting our staff are three in-house laboratories holding certifications from Caltrans, AASHTO, DSA, NICET, LADBS and other local agencies. We provide both standard ASTM and Caltrans testing and can respond with additional testing methods modified to meet specific field and/or contract conditions. As the Area Leader, I am duly authorized to contractually bind the firm. Leighton appreciates the opportunity to serve the City of Santa Ana. If you have any questions or need additional information regarding how we can be of service, please feel free to contact us at your convenience. Respectfully submitted, LEIGHTON CONSULTING, INC. n a'"'A Kristen Williams, PG Area Leader 2600 Michelson Drive, Suite 400, Irvine, CA 926121 T: 949.250.1421 www.leightongroup.com b. Contract Agreement Statement: Leighton has reviewed the Agreement (Attachment 2 of the RFP) and concurs with any and all provisions contained within. c. Firm and Team Experience For more than 60 years, Leighton Consulting, Inc. (Leighton) has leveraged our experience and expertise to assist public agency clients in meeting the needs of its growing communities, which 0/'//Leighton require improvement to and maintenance of critical public infrastructure. Our ability to provide efficient and expeditious a verdantas company geotechnical, environmental, and materials testing services lies with our experience and depth of staff. Our goal is to support and THE BEST CHOICE FOR strengthen our client's efforts by supplying experienced staff and SA N TA A N A resources that will provide reliable results, efficiently coordinated and reported to you and your staff while ensuring that public 62 Years resources and taxpayer dollars are protected and well spent. of Industry Experience, incorporated in 1961 Why Leighton? We know the City of Santa Ana. In addition to our 10 Miles r//v more than 60 ears of ex erience as a firm our team distance between y p , our HQ and City Hall has served the City of Santa Ana for more than a decade. During this time, our staff have gained insight 180 Professionals into your preferences and processes, including the City offering a variety of specializations of Santa Ana Municipal Code (SAMC) and other professional Standards established by the City, state, 8 Office Locations and federal guidelines. We understand your dedication Irvine HQ I Irvine Lab I Palm Desert to providing efficient, innovative and effective services Rancho Cucamonga San Diego + Lab to your community and are honored to have assisted Santa Clarita Temecula + Lab with that mission. We are confident that our continued Ventura partnership would support the City's overall goal of creating a safe environment that allows your Our Project Manager community to realize a higher quality of life. Christian Delgadillo, PE, GE Associate Engineer _ 0 We're local. Our local office and laboratory are 10 949.68.4218 1 miles from Santa Ana City Hall, allowing for convenient, cdelgadillo@leightongroup.com io•••. timely services when you need them. Additionally, we have decades of experience serving nearby agencies, including the Orange County Public Works Department, and the cities of Anaheim, Yorba Linda, Brea, and Newport Beach. Leighton has completed thousands of projects in the region, giving us an incomparable history and basis for understanding a variety of site issues and constraints throughout Orange County. We offer a broad range of expertise. Leighton has nine offices in Southern California, staffed Wr with more than 180 professionals, including geotechnical and civil engineers, professional ...�_ geologists, certified engineering geologists and certified field technicians and inspectors. While we have curated a team to best fit your needs, the full range of our team's expertise is always available to the City. We provide testing and inspection services on an accelerated schedule. Your projects will be _ completed safely on time and on -budget due to Leighton's continuously improving ability to properly staff and structure our project teams to respond to public projects requiring as -needed consulting services. We also offer a local management team with experience and autonomy to make onsite decisions and maintain project budgets and timelines. The Leighton Team We believe that having a dedicated team gives us the ability to be responsive and available when performing and completing services. Because of our vast experience, our project managers are able to anticipate and accommodate fluctuations in personnel needs before they affect your projects and tasks. Leading our team is Christian Delgadillo, PE, GE, who will serve as Project Manager and the primary point of contact to the City. Christian has more than 13 years of experience providing geotechnical engineering services in southern California, with an emphasis in serving cities and municipalities in Orange County. Christian will be supported by Djan Chandra, PE, GE, serving in the role of Principal in Charge and supporting Quality Assurance. With 35 years of experience, as well as direct experience working with the City of Santa Ana, Djan is a true expert of Geotechnical Engineering. This duo has successfully worked together on dozens of On -Call contracts for local public agencies and look forward to bringing this expertise to the City. Resumes for our complete and carefully selected project team, which includes the availability % for each member, are provided in the Appendix A at the end of this proposal. PROJECT MANAGER/PRINCIPAL AGENT I Will provide contract administration, senior oversight, and corporate coordination to ensure all Work Orders are adequately staffed and continuity is maintained. He will be directly responsible for the execution and results of scope of work. EDUCATION • MS, Civil Engineering • BS, Civil Engineering PROFESSIONAL LICENSE • CA Geotechnical Engineer - 3144 • CA Civil Engineer - 83331 YEARS OF EXPERIENCE • 13 total • 10 years w/firm OFFICE LOCATION Irvine Christian Delgadillo, PE, GE Associate Geotechnical Engineer • Experienced providing all the Geotechnical Engineering tasks listed in the RFP Experienced in geotechnical investigations, from the proposal stage through site investigation, testing, analysis and completion of reports, for various types of public works, transportation, governmental and utility projects • Areas of expertise include drilling and sampling of soil and rock using various techniques. in -situ permeability testing, field instrumentation, and interpretation of results from SPT, CPT, and geophysical surveys • Skilled in slope stability analysis, seismic hazard analysis, ground motion study, liquefaction analysis, deep and shallow foundation design, pavement design, retaining wall design, and other computer applications QUALITY ASSURANCE/PRINCIPAL IN CHARGE I Responsible for verifying that our deliverables meet project requirements and provide technical quality review of geotechnical reports. Understands the critical importance of timely, accurate, and fully vetted geotechnical information. EDUCATION • MS, Civil Engineering • BS, Civil Engineering PROFESSIONAL LICENSE • CA Geotechnical Engineer - 2376 • CA Civil Engineer- 50068 YEARS OF EXPERIENCE • 35 years total • 35 years with firm OFFICE LOCATION Irvine Djan Chandra, PE, GE Principal in Charge / Quality Assurance • Vast experience in developing practical solutions for complex geologic conditions and geotechnical issues in Orange County • Extensive knowledge of geotechnical field investigative techniques, laboratory testing procedures, and field instrumentation • Expertise in computer software for geotechnical engineering applications, including FLAC and Plaxis • Project manager for multiple on -call contracts for various municipalities: - County of Orange, Public Works Department - Cities of Santa Ana, Anaheim, Huntington Beach, Irvine, Lake Forest, Mission Viejo, Newport Beach - Irvine Ranch Water District, Yorba Linda Water District, Moulton Niguel Water District We are accustomed to responding to rigorous demands in the field, laboratory and office. We know our staff and their individual strengths and personalities. Our objective is to provide you with the well -qualified and capable staff members who can effectively execute your project, and who fit well with your task -specific team. Organizational Chart The organizational chart below illustrates our team structure and the roles they will assume for the contract. Roderick Marcia Laboratory Manager Leighton Special Inspectors ICC/ACl/Caltrans Certified Leighton Laboratory Certified / Accredited by Caltrans & AASHTO Project Highlights: BRISTOL STREET CA Engineers + Geologists 65 G I S/AutoCAD 3 Lab Testing Technicians 14 Field Technicians 53 Special Inspectors 12 Materials Engineering Team 4 City of Santa Ana Public Works Agency On -Call Geoteehnical Engineering Services RFP No.23-123 Joe Roe, PG, CEG Engineering Geologist Geologist / Engineers Staff/Project Level Experience with the City of Santa Ana WIDENING PROJECT Leighton performed a geotechnical investigation for Phase I of the Bristol Street Widening Project, extending from Pine Street to McFadden Avenue, a 4,300-foot-long segment consisting of at least two lanes in WARNER INDUSTRIAL PARK Joel Beckham Field Supervisor Soil Technicians Caltrans Certified each direction. Leighton's subsurface investigation involved hollow -stem auger borings drilled to a maximum exploration depth of 5.5 feet below the existing pavement surface. Bulk soil, asphalt, and aggregate base samples were collected. Laboratory tests consisted of R-value and moisture & density, and were performed in conformance with ASTM procedures. AREA 1 AND AREA 2 PAVEMENT REHABILITATION Leighton completed a geotechnical exploration for pavement rehabilitation of 17,800 linear feet of primary two-lane streets within the Warner Industrial Park. The exploration consisted of 20 borings, pavement condition surveys, and non-destructive pavement deflection testing. Laboratory testing program included tests on representative samples for in -place dry density and moisture content and R-value. Based on the results of our exploration, laboratory testing and geotechnical analyses, we recommended three alternatives for pavement reconstruction. d. Understanding of Need Our goal for every project is to deliver a technically excellent work product that achieves optimal benefits for the City. Key to achieving this goal is effective communication with the City and all stakeholders throughout the course of the project. We find that client input is invaluable in streamlining our processes and developing recommendations that attain a client -specific balance between what is ideal and what is cost-effective. As such, we will initiate and maintain close coordination with the City and, if desired, ensure that all work products are initially submitted in draft form to solicit input from City staff before finalization. Effective Communications and Staffing Cost Controls The Leighton Team will hold internal weekly management meetings to forecast our personnel resource utilization. We discuss current workload and anticipated "notices to proceed" for all on -going and new contracts. As part of this management, we will be communicating with the City so we understand and anticipate specific task orders. This allows us to ensure staff continuity through each project as we greatly understand the value of personnel continuity for each specific project. All of our offices are interconnected Microsoft Teams to allow for all of our staff to work effectively on projects regardless of where the work is. GIS/CADD functions are centralized for improved productivity and reduced costs. This benefits the City in that we can efficiently work on your projects regardless of location, and we can quickly mobilize to meet your schedules. Further, data can be rapidly posted on our secure web -based client portals. Supported with our deep bench of California -licensed professionals here in southern California, we will also be prepared to respond to your needs on short notice -- such as natural disasters and emergencies; as we have in the past. We can provide the City a specific on -call 24/7 telephone number. Using real-time accounting, our Project Managers can have a snapshot of costs at any time (typically daily). Project Managers will work closely with the City to manage costs, and keep City personnel informed about our progress and remaining budget for a given project. We will not exceed an agreed -upon budget without prior written notice from appropriate City personnel. To the extent desired by the City, we will also communicate with you to keep you aware of our progress on Task Orders, including schedule and budget projections (as appropriate). Project Management Leighton uses MetaField as a networked and integrated Field Information Management System (FIMS) and Laboratory Information Management System (LIMS). This eliminates the need for paper in the field, laboratory and/or office; although we produce printed copies of any documents you need or want, at any time. Our field staff is equipped with company -provided cell phones, networked laptops, tablets and wireless (Bluetooth®) printers for those regulators and clients who still require paper. This system allows us in real time to email data typically as a PDF, or post data on a web page for your independent and secure access. Leighton uses MetaField to Field staff will be mobilized from our nearby Irvine office, with support eliminate unnecessary paper from our other Southern California offices, as needed. Field staff and provide you real time personnel are dispatched using MetaField, which e-mails their data from the field, all in one assignments to their phone and/or tablet, so they can see the site G secure location. location, site -specific contact persons, and prior data acquired for that site. All data acquisition is stored and transmitted electronically, using a secure cellular network and the Cloud. Field staff either accepts or declines assignments based on their current work backlog, and scheduling is viewed on a MetaField calendar for project managers to review and coordinate. Quality Control/Quality Assurance Diligent quality control and quality assurance are essential for the technical excellence of engineering services and reports. Leighton's quality assurance program consists ultimately of principal review of all deliverables before submittal to our clients, a practice long proven to be successful. Accordingly, the success of our quality control program rests upon the integrity of our principal engineers and geologists. In this regard, our bench of principal professionals has demonstrated unwavering commitment to quality and professional integrity through their long tenure with Leighton. On each project, Leighton employs several layers of quality assurance procedures to ensure adherence to the project's goals, budgets, and schedules, and to maintain the highest quality technical data. Budget status, work progress, and the results of data collected in the field are conveyed in regular communication from Leighton's Project Manager to the City's designated point(s) of contact. Through constant monitoring of project costs, schedule, and results, and through clear communication with the City, Leighton minimizes change orders throughout the duration of each project to its completion. Documents for agency submittal, including their associated tables and figures, undergo a two- to three- tiered internal review, depending on size and complexity. Data tables and figures are initially drafted by junior staff under the guidance of the Project Manager. Once complete, these work products are combined with the report text to form a complete document for review by the Principal in Charge. The QC officer checks both the data points and the broader conclusions of the report prior to submitting a draft report to the City for review. Our quality control approach includes the following steps as illustrated in the accompanying flowchart. • Identification of specified task objectives • Selection of qualified personnel for specified tasks • Compliance with field procedures, as documented in Leighton field procedures manual • Selection and application of systematic data acquisition and analysis techniques • Review of data during the project to conform appropriateness and adequacy of techniques in meeting task objectives • Application of quality control measures during data collection and analysis • Formal project review in which conduct and the work products are critically reviewed and evaluated by senior personnel who have extensive experience and seasoned judgment • Documentation of the Above Terms • Documentation of the above items Leighton QC Manual Data Quality Objectives Sampling Analysis Data Collection W Lab QA/QC Data Validation Technical Review Editorial Review Draft Report e. Relevant Project ExperiencE Leighton has provided On -Call services for Geotechnical Engineering Services for various cities and public agencies across southern California. The list below highlights some of this experience in the past five years. Client Reference information for all of the client projects listed below are provided in section "g. References." Various Geotechnical Engineering Services ORANGE COUNTY PUBLIC WORKS1 SANTA ANA, CA BREA BOULEVARD CORRIDOR IMPROVEMENTS 12017 PRESENT: Leighton was selected competitively to provide geologic and geotechnical services for the widening of Brea Boulevard through Brea Canyon. The road widening will extend approximately 1.75 miles from Canyondale Drive to the Los Angeles County line. The project includes replacing three bridges; construction of earth retaining systems; extending several culverts; and construction new pavement sections. Bridge design was performed in accordance with AASHTO LRFD Bridge Design Specifications with Caltrans Amendments along with Caltrans Seismic Design Criteria. Earth retaining systems include conventional semi -gravity cantilever walls, internally reinforced systems including mechanically stabilized earth (MSE), earth anchor, soil nail and segmental block walls. Alignment of the road will also require the evaluation of slope stability for temporary excavations and permanent cuts. Pavement section design will be performed in accordance with the Orange County Highway Design Manual. ORANGE COUNTY ZOO LARGE MAMMAL EXHIBIT 12021 - 2022: Located towards the back of the zoo in the new Oak Woodlands habitat, the new large mammal exhibit consists of three new buildings: the Holding Building, Auxiliary Holding Building, and LSS-Kitchen Building. Working closely with the architect, our field exploration consisted of six borings to a maximum depth of 22 feet, a geophysical survey to support liquefaction analysis of the site, and a field percolation testing. We evaluated the soil characteristics, including expansion potential, corrosivity, shear strength and shear wave velocity, and geologic hazards at the site such as ground rupture, lateral spreading, and seismically induced settlement. Based on results of our analyses, we developed recommendations for design and construction of the project. During construction, we provided geotechnical observation and testing to confirm that placed fill was suitable for the support of foundations and floor slabs of the buildings and for the bioswale/filtration basin. We met with the general contractor, the County's arborist, and the grading operator when it was discovered that existing tree roots were in the path of proposed overexcavations, and that building and retaining wall footings would encroach underground drip lines for two oak trees and one pine tree. Special inspection and materials testing were performed during construction of the three buildings, bridge, cages, and canopy. Our tasks included special inspection and testing of reinforcing steel, concrete and masonry, ACI certified shotcrete, high -strength grout, ICC field welds, high -strength bolting, material identification verification of hardware, anchors and epoxied anchors and dowels, and shop NDT ultrasonic for complete joint penetration (CJP) welds. Central Jail Complex — Multiple Projects ORANGE COUNTY SHERIFF -CORONER DEPARTMENT I ORANGE, CA Working under an on -call contract with OCPW, Leighton provided geotechnical and/or materials testing services for a number of Orange County Sheriff -Coroner Department's (OCSD) projects at the Central Jail Complex (CJX) in Santa Ana. We provided on -call geotechnical engineering support, and observation and testing to confirm that placed fill materials including soils and aggregate base were suitable for the support of foundations, floor slabs, and new vehicular/pedestrian pavements. Observation and testing services were also provided during utility trench backfill operations and during asphalt paving operations. Engineering support and consultation provided by our onsite soils technician included remedial grading recommendations where loose or unsuitable soils for improvement support were encountered. Katella Facility Upgrades ORANGE COUNTY SHERIFF'S DEPARTMENT I SANTA ANA, CA 12019 — 2020: The Katella Range Upgrades project encompassed construction of a roof over the uncovered portion of the Range as well as expanding the Range to the north and south of the existing building footprint. The roof structure was constructed of structural steel with tapered steel girders and wide flange beams. The expanded area was enclosed by concrete masonry unit (CMU) walls, supported by reinforced concrete footings. Leighton performed a geotechnical exploration for the proposed improvements to evaluate the subsurface soil conditions of the site and percolation testing to assess infiltration rates of the soils for design of an onsite stormwater infiltration system. Because the site is located within an area identified by CGS as being potentially susceptible to the occurrence of liquefaction, we performed evaluations for liquefaction potential and provided in our report results of the analyses, including susceptibility of the site to liquefaction and seismically induced settlement. Leighton's geotechnical design recommendations were provided for construction earthwork, slab - on -grade and conventional shallow foundations, seismic design parameters in accordance with the California Building Code, lateral earth pressure parameters for retaining wall backfill, and setbacks of the stormwater infiltration system. Leighton also provided pavement design specifications for asphalt concrete and Portland cement concrete (PCC). Additionally, Leighton performed a geotechnical review to verify that geotechnical recommendations were properly implemented into the foundation and grading plans and water quality management plan. In support of construction, we conducted geotechnical observation and testing of earthwork operations as well as materials testing and inspection, including concrete sampling, structural steel welds, and plant tag and sample for rebar and masonry units. When asbestos containing materials, lead -based paint, and lead -contaminated items were removed from the project site, Leighton managed the air monitoring, sampling and testing services performed by Cal OSHA certified asbestos technicians and verified that removal and containment of hazardous materials were performed properly in accordance with applicable regulations. Yorba Linda Water District Headquarters PFAS Treatment Facility YORBA LINDA, CA 101 The Yorba Linda Water District Headquarters PFAS Treatment Facility is one of the largest PFAS Systems of its kind to be installed in the nation, with a plant that can produce 25 million gallons of treated groundwater per day. Leighton provided geotechnical engineering services for a PFAS treatment facility for Wells 1, 5, 7, 10, 12, 18, and 19 at the District's headquarters that consists of 6 pre-treatment vessels and 22 new ion exchange (IX) vessels. Leighton developed geotechnical recommendations for the project, including mitigation measures for liquefaction potential, prepared a geotechnical exploration report, and provided inspection and testing services during construction. This project was awarded both "Outstanding Water Project" and "Project of the Year" at the 2022 American Society of Civil Engineers Orange County (ASCE OC) awards ceremony. City of Anaheim ANAHEIM, CA IMPERIAL HIGHWAYAND BIG SKY LANE WATER MAIN REPLACEMENT 12021 — 2022: This project consisted of a Design -Build Water main replacement of approximately 5,000 linear feet of existing pipeline along a portion of Imperial Highway and Big Sky Lane in Anaheim Hills. Leighton performed subsurface exploration along the pipeline alignment and provided geotechnical recommendations for excavation, shoring, backfill, and pavement placement. DWYER DRIVE, LINCOLN AVENUE AND DAHLIA DRIVE WATER MAIN REPLACEMENT 12022 — ONGOING: Design -Build Water main replacement of existing water main alignments at two locations within residential neighborhoods in Anaheim. The project involves replacement of approximately 4,700 linear feet of water main with 6-inch to 8-inch diameter ductile iron pipe. Leighton performed subsurface exploration along the pipeline alignment and provided geotechnical recommendations for excavation, shoring, backfill, and pavement placement. City of Newport Beach NEWPORT BEACH, CA JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION PROJECT 2021 — PRESENT: Leighton is providing geotechnical observation and testing, material testing, and special inspection services on this Pavement Rehabilitation and Reclaimed Water Conversion Project, spanning an approximate 1-mile section of Jamboree Road, a major vehicular artery between Coast Highway and Ford Road. Our team supports construction elements including cold milling of existing asphalt pavement and overlaying for a majority of the east and westbound lanes of Jamboree; full -depth asphalt concrete repair in localized sections of pavement; concrete sidewalk removal and reconstruction; concrete median curb and gutter removal and reconstruction; and new storm drainage infrastructure. ANNUAL SLURRY SEAL PROGRAM 12021 — PRESEN Leighton provided materials testing & special inspection services as part of the City of Newport Beach's 2021-2022 Citywide Slurry Seal Program. Project areas included East and West Newport Heights, Cliffhaven, Westcliff Villas, and the John Wayne Park Parking Lot. The project entailed application of 2,900,000 square -feet of Type I Emulsion -Aggregate Slurry (EAS) and CQS-1 h quickset emulsifier at identified locations throughout the City. Our team is provided field inspections during EAS placement, preparation of daily reports, collection of samples, laboratory conformance testing, final close-out report preparation along with management and quality control support. f. Willingness to Comply with Agreement Terms Leighton has reviewed the provided Master Service Agreement and does not have any exceptions at this time. g. References We believe the leading indicator of a firm's ability and management commitment to successful project completions is past performance. We encourage you to contact the following references to discuss our attentiveness to project budget, schedule, and scope. City of Corona NA 400 S. Vicentia Avenue, Corona, CA 92882 Contact: Kenny Nguyen, PE 1951.817.5765 Services Provided: Geotechnical and Testing Services Orange County Sheriff's Department q-� ORANGE COUNTY 550 N. Flower Street, Santa Ana, CA 92703 SHERIFF'S DEPARTMENT Contact: Greg Yi 1714.935.84791 gyi@ocsd.org Services Provided: Geotechnical and Testing Services Yorba Linda Water District ®Yorba Linda 1717 E. Miraloma Avenue, Placentia, CA 92870 Water District Contact: Anmar Tohmeh, PE 1714.701.3109 1 atohmeh@ylwd.com Services Provided: Geotechnical Engineering Services Orange County Public Works (�C 601 N. Ross Street I Santa Ana, CA 92701 PublicWorks Contact: Austin Morgan 1714.647.3961 1 austin.morgan@ocpw.ocgov.com Services Provided: Geotechnical exploration and design City of Anaheim 201 S. Anaheim Boulevard, Anaheim, CA 92805 Contact: Cesar Morales 1714.765.5286 1 CMorales2@anaheim.net Services Provided: Geotechnical and Environmental Consulting Services PpRT City of Newport Beach o� 100 Civic Center Drive I Newport Beach, CA 92660 u x Contact: Michael Sinacori 1949.644.3342 1 msinacori@newportbeachca.gov Services Provided: Geotechnical observation and testing; materials testing and special inspection 10 SECTION 2: SCOPE OF WORK SECTION 2: SCOPE OF WORK The Leighton team will work closely with your staff, appropriate regulatory agencies and other stakeholders to ensure your priorities and expectations are fully realized. Through previous successful as -needed contracts, we have found the most important management tool to ensure project success is proactive communication. Depending on the scope identified in the specific project, we will likely recommend a project kickoff meeting so we can establish a full understanding of your goals and confirm expected work product deliverables, and introduce key project participants. Project priorities including budget, scope, value engineering, and milestones for deliverables will be identified and committed to by our project team. While all projects are uniquely different, Leighton anticipates the scope of work requested by the City may include the following task items presented from design phase investigations and on through completion of construction: Geotechnical Investigation Our geotechnical investigations will be mobilized and managed out of our Irvine Headquarters. We will prepare a detailed proposal that will be tailored to meet each individual project's goals. The proposal will present our proposed scope of work, the anticipated schedule, and a breakdown associated fees. Each proposal will be crafted with a focus on providing expedient and cost-effective engineering solutions. RESEARCH AND STUDIES A task that begins during proposal preparation, our initial Research and Studies for the project will consist of performing a review of existing available documents, geologic maps, and plans relevant to the project that will provide a useful understanding of existing site conditions and site history. In addition, we may review historical stereoscopic aerial photographs and topographic maps to determine approximate existing cut and fill conditions, pre-existing development conditions, and utility conditions that may also impact the design of the project from both a field and construction perspective. FIELD EXPLORATION Prior to executing our field investigation scope as generally summarized below, a member of the Leighton technical staff under the direct supervision of a California -licensed Geotechnical Engineer or Certified Engineering Geologist will visit the site ascertain equipment access and determine suitable exploration methods. Our field exploration program will typically include the following scope: • Perform a geotechnical reconnaissance of the project site including marking out of exploration locations; observation and geologic mapping of existing slopes, utility trench cuts and boxes, access constraints and geologic observation of site geology and adjacent geology where visible • Prior to our proposed subsurface exploration, we will notify Underground Service Alert (DigAlert) to screen the proposed exploration locations for the presence of subsurface public utilities. We will also coordinate boring locations with site facilities personnel and may have our exploration locations cleared by a private underground utility subcontractor • Acquire any necessary permits, such as a Los Angeles County Public Health Well Permit, if needed • We will perform our subsurface evaluation program that may consist of, but is not limited to, a combination of geotechnical borings, Cone Penetrometer Test soundings (CPTs) , test pits, and/or geophysical surveys. The exploration method will be selected on a project specific basis based on our understanding of the proposed development and existing site conditions . • Perform field percolation testing to support the design of proposed stormwater infiltration devices, if any. The field percolation testing will be performed in accordance with the latest Los Angeles County guidelines. • At the completion of our field investigation, the explorations will be backfilled in accordance with County guidelines and patched to match existing surface conditions. Drill cuttings may need to be stored temporarily on- site, in clearly labeled 55-gallon drums, pending soil characterization and disposal at an appropriate receiving facility. LABORATORY TESTING Leighton has three laboratories (Irvine, Temecula and San Diego) with an extensive inventory of equipment and cross -trained staff that can handle many types of samples and tests. Our ability to load -level our tests between laboratories allows us to accept large volumes of samples and be more responsive to our client's needs when rapid turn -around times are needed. We perform a full spectrum of geotechnical soil testing in-house, including, but not limited to: • Moisture/Density • Direct Shear • Compaction • Specific Gravity • Triaxial Shear • Expansion Index • Particle Size Analyses • Consolidation/Swell • Falling/Constant Head Permeability • Atterberg Limits • Stabilometer (R-value) • Corrosivity The following is a list of common tests for aggregate, hot mix asphalt (HMA) and Portland cement concrete (PCC) that Leighton performs in our laboratories on a regular basis. AGGREGATE (HMA & PCC) • Sieve Analysis • Specific Gravity (Coarse/Fine) • Sand Equivalent • Durability • LA Rattler • Soundness (Sodium/Magnesium) • Organic Impurities HOT MIX ASPHALT & PORTLAND CEMENT CONCRETE • Maximum Density - Hveem • Concrete Cylinder Compression • Flexural Strength of Concrete • Bulk specific Gravity of Compacted HMA • Asphalt Extraction by Ignition • Theoretical Maximum Density/Specific Gravity • Wet Track Abrasion of Slurry Seal The quality of our laboratory is controlled using certification programs from the City of Los Angeles Department of Building and Safety (LADBS), AASHTO Materials Reference Laboratory (AMRL), California Division of the State Architect (DSA), Caltrans (various districts), among others. The quality of our analyses is controlled using verification forms that require stand-alone, fully reviewed engineering calculation packages to support design recommendations. REPORT AND FINDINGS We will prepare a geotechnical design report in accordance with the 2022 California Building Code and appropriate regulatory agencies guidelines and requirements. The report will contain graphics and discussions presenting our findings, conclusions, and recommendations for the project. The report will be signed by a California -licensed Geotechnical Engineer (GE) from our firm. Generally, our report will provide the following: Subsurface Conditions: A discussion regarding the encountered subsurface soils conditions including soil type, in -situ moisture content and density, and depth to groundwater Geologic Hazards: We will discuss potential geologic hazards at this site, including potential for surface fault rupture, ground shaking, liquefaction, lateral spreading and differential seismic settlement, and potential flood hazards at the site using available data. Seismicity: We will provide a regional fault map showing the proximity of this site to major faults identified by the California Geological Survey within a 100-kilometer radius of the site. We will also perform a site -specific ground motion analysis to obtain site -specific seismic coefficients in accordance with ASCE 7-16 and the 2022 California Building Code (CBC). Grading and Earthwork: We will present earthwork criteria, including recommendations for new footing subgrade preparation, recommendations for removal of unsuitable soil or fill, utility trench backfill, surface drainage, and landscaping considerations, as necessary. Recommendations for import soil engineering and compaction criteria will also be provided. Foundations: Utilizing data collected during our exploration, we will recommend allowable vertical and lateral bearing pressures for use in designing new spread -footing foundations. We will also provide foundation design criteria including recommendations for minimum size, embedment depth, allowable vertical and lateral capacities, and expected total and differential settlements. In addition, foundation recommendations for light poles footings, fence post footings, and other free-standing canopy structures will be provided. Lateral Earth Pressures: Recommended lateral earth pressures for active, at -rest and passive conditions, and soil friction will be provided for use in retaining wall design. Slabs -On -Grade: We will present concrete slab -on -grade design criteria, including recommendations for subgrade preparation, moisture vapor mitigation and if necessary, non -expansive fill. Asphalt Concrete and Portland Cement Concrete Pavements: We will provide recommendations for AC and PCC pavement sections based on assumed traffic indices. We will also provide recommendations for permeable and precast pavers. Temporary Excavations: Utilizing the data collected during our exploration, we will present temporary excavation guidelines (construction site safety is the responsibility of the contractor). POST -REPORT SUBMITTAL SERVICES A/E Team Coordination and Review: We will provide geotechnical support for the design team during preparation of the project drawings and specifications. We will review the project drawings and specifications for compliance with our geotechnical recommendations. General Contractor Bidding Phase Services: Respond to bid questions including requests for information (RFIs) as they relate to geotechnical items; and attend project meetings and participate in conference calls with the design team. SCHEDULE Upon receipt of a written notice -to -proceed Leighton is prepared to immediately commence project planning and scheduling. California law requires that Underground Service Alert (USA) be provided at least two working days advanced notice to locate registered public utilities at the project site before exploration can begin. Depending on potential site access constraints, weather and exploration equipment availability, field exploration may begin five to ten working days after receipt of notice to proceed. Depending on project specific scope details, our field exploration can be completed in one or more days. In general, geotechnical laboratory testing will require approximately two weeks to complete after the conclusion of field exploration. Geotechnical analyses and report preparation will then require an additional 2 weeks after completion of lab testing. We anticipate we can provide our geotechnical report within approximately 4 weeks after field exploration. We can provide preliminary results upon request in a technical memorandum as site -specific information becomes available. Geotechnical Observation and Testing Services The purpose of our geotechnical field observation and testing during construction will be to document that the work performed by the contractor is in compliance with the applicable plans and specifications and in accordance with applicable sections of the 2022 California Building Code. Our geologist and/or soils technician will inspect all excavations to verify the conditions anticipated in the approved project geotechnical report have been encountered and to provide corrective recommendations as deemed appropriate. It is not our intent to provide supervision or direction of the contractor or the contractor's subcontractors. We will dispatch to the project site qualified engineering technicians to perform field observation and testing of earthwork operations. Our field testing and observation activities will be performed on an "on -call" basis upon request by the project superintendent at the appropriate times during construction. However, we do require that our field representative be present continuously during the earthwork associated with remedial grading and/or preparation of building pads so that we may properly document the depth overexcavation and geotechnical characteristics of the compaction of the fill. Based on our understanding of the proposed projects, the anticipated tasks for our scope of services will consist of the following field, laboratory and office work, generally presented in chronological order: • Pre -Construction Plan Review: We will perform technical review of the grading plans and foundation plans for the project by our Geotechnical Engineer (GE) and Certified Engineering Geologist (CEG). We will prepare a letter documenting our review of each plan set, including signature and stamp, as needed. In addition, we will provide response to contractor's requests for information (RFI's) as requested. • Pre -Construction Meeting: Our project manager and field operations manager will attend a pre - construction meeting with representatives of the contractors/sub-contractors and construction management team to establish any site access restrictions, points of contact, protocol for scheduling our services, and distribution list for DFRs and test results. • Field Observation and Testing: We will provide a soil technician for periodic and continuous geotechnical observation and testing during site preparation, overexcavation, and fill placement during earthwork construction, and general site grading. The frequency of observation and testing required will be established by the governing agency and the project inspector at the pre -construction meeting. In -situ density testing will be performed using a nuclear moisture/density gauge (ASTM D 6938). • Geotechnical Laboratory Testing: Geotechnical (soil) testing may include, but not limited to, modified Proctor (ASTM D 1557) maximum dry density and optimum moisture content compaction curves, gradation, sand equivalent, corrosivity, expansion and R-Value. • On -call Engineering Support: We will respond to requests for information (RFIs), attend meetings, and support value engineering efforts on an as -needed basis. • Project Management: This scope of work will consist of reviewing DFRs and laboratory test results and preparing these reports for distribution. Geotechnical concerns encountered in the field and noted in the daily reports, and any material tested and found to not conform to project specifications, will be brought to the attention of your designated representative (s). Supervision, quality control and project management will be provided by our Geotechnical Engineer. • Compacted Fill Report: We will prepare a compacted fill report summarizing our test results and observations made during construction. Materials Testing and Special Inspection Services Our scope of services for the proposed projects will consist of materials testing and special inspection during construction. Our understanding of the proposed projects will be based on the project plan sets and specifications provided by the City. The anticipated tasks for our scope of services will consist of the following field, laboratory and office work, generally presented in chronological order. • Reinforcing Steel Source Sampling: We will pick up reinforcing steel samples and "tag" source materials for site delivery identification. Sampled reinforcing steel will be tested in accordance with ASTM A370, and A615 or A706. Fresh Concrete Sampling, Batch Plant, and Testing: We will provide a technician certified by ACI for reinforced concrete sampling and testing. The work will consist of sampling reinforcing steel and concrete during construction. Our field technicians will sample fresh concrete, perform slump tests (ASTM C 143) and (if requested) air content tests (ASTM C 173 or C 231) when requested by your designated field representative. Air content tests will only be performed if specifically requested (not expected to be required where there is no frost). We will mold at least four concrete compression test cylinders for each 50 cubic -yards of concrete, or at least one set of four each day concrete is placed. We will also provide an ACI technician during concrete batch plant operations. Our batch plant visits will consist of checking batch weights, aggregate stockpiles and cement bins. Post -Installed Anchors/Epoxy Dowels Special Inspection: We will provide a special inspector that has been certified by the International Code Council (ICC) to observe installation of powder driven anchors, expansion anchors, adhesive anchors and dowels. Our special inspector will view installation of these anchors in accordance with ICC/ESR requirements, specific to anchors used. Our special inspector will also evaluate drill bit compliance, hole depth and cleanliness, rod diameter, length of embedment, ambient temperature, material condition, product description and name, and adhesive shelf life and condition of packaging. If required, we will also provide pull/torque and/or proof testing of post -installed anchors. Structural Steel (Field Welding): We will provide an American Welding Society (AWS) Certified Welding Inspector (CWI) to inspect structural steel welding and high -strength bolting on site. Their work will consist of periodic inspection of all single -pass fillet welds less -than (<) 5/16-inch-thick; and continuous inspection for all multi -pass fillet -welds greater -than (>) 5/16-inch-thick plus all complete penetration welds made during structural steel erection on site. Our CWI will also tabulate/record all inspected welds, including listing defective welds and documenting correction of defects. Our CWI will also check material, equipment, details of construction and procedures. They will also check ability of the welder. Upon completion of all welding for this project, a verified report will be provided to document that inspected welding was proper and completed in accordance with approved structural plans and specifications. Nondestructive Testing (NDT): We will provide an NDT Technician to perform ultrasonic testing and magnetic particle testing as required by the approved plans. • High -Strength Bolting and Testing: We will provide a special inspector to inspect tightening or torqueing of high -strength bolts during construction. Samples of the bolt assembly (bolt, washer and nut) will be tested in the laboratory, as applicable, for hardness, proof load and wedge tensile. • Structural Steel Shop Welding: We will provide an American Welding Society (AWS) Certified Welding Inspector (CWI) with ICC structural steel and bolting to verify and inspect steel during shop fabrication and construction in the field. Their work will consist of periodic and/or continuous inspection of: Material identification Steel frame joint details for conformance with approved structural plans Welded connection of structural steel and cold -formed steel deck, and reinforcing steel, if required. Our CWI will also tabulate/record inspected welds, including listing defective welds and documenting correction of defects. Our CWI will also check weld filler materials, equipment, welding procedure specifications, and ability of the welder, as necessary. Our inspector may use non-destructive testing such as magnetic particle, ultrasonic or any other aid in addition to visual inspection that he or she may deem necessary to assure the adequacy of the welding per approved structural plans and job specifications. Also, we will provide an NDT Technician to perform ultrasonic testing and magnetic particle testing as required by the approved plans as needed. • Masonry Special Inspection: We will provide an ICC structural masonry inspector during construction of the masonry (CMU) walls. We will sample and compression -test grout, mortar and block. When directed by the Project Inspector, we will extract a core from the constructed walls for laboratory compression testing. • Masonry Veneer Field Testing: We will provide an ICC structural masonry inspector to perform field test of adhered masonry veneer. Our inspector will use calibrated shear testing equipment to perform the shear testing per project approved documents. • Structural Wood Framing Special Inspection: Our services will consist of periodic inspection of nailing, bolting, anchor and other fastening of shearwall, blocked floor and roof diaphragm, drag strut, seismic brace, shear panel and hold down assembly. We will provide an inspector that has been certified to observe the installation of fasteners. Our inspector will inspect the installation of these fasteners in accordance with structural plans and specifications. • Materials Laboratory Testing: Our services will consist of testing of the following materials in our laboratory: • Reinforcing Steel: Tensile and bend tests will be performed in accordance with ASTM A615 or A706. • Concrete: Concrete laboratory curing and compressive strength testing of field -molded concrete test cylinders will be performed in general accordance with ASTM C31 and C39, respectively. Verbal and/or e-mail reports will be provided for 7-day breaks. We will provide a final one -page report summarizing compressive strength tests results for a given set of cylinders (four cylinders, plus one hold) after the 28-day breaks are completed. • High Strength Grout: Compression testing of grout prisms molded by our representative will be performed in accordance with ASTM C109. • Masonry: Compression testing of mortar cylinders and grout prism test specimens molded by our representative will be performed in accordance to ASTM C270 and C1019. Concrete masonry units will be tested in accordance with ASTM C140 (compression, moisture content, absorption & unit weight). Masonry core -drilled samples will be tested in accordance with CBC 2105A.4. • Post -Installed Anchors: We will perform tensile testing of the anchors. Verbal and/or e-mail reports will be provided. We will provide a final on -page report summarizing the test results. • High Strength Bolts: We will perform tensile testing of the high strength bolts. Verbal and/or e-mail reports will be provided. We will provide a final on -page report summarizing the test results. • Project Management and Reporting: This scope of work will consist of reviewing DFRs and laboratory test results, and preparing these reports for distribution. Special Inspection/Materials concerns encountered in the field and noted in the daily reports, and any material tested and found to not conform to project specifications, will be brought to the attention of your designated representative (s). Supervision, quality control and project management will be provided by our Geotechnical Engineer. • Project Closeout: we will prepare a final affidavit summarizing the material testing and special inspection provided during construction. Scheduling and Dispatching Leighton is prepared to begin our work immediately upon receipt of your written authorization to proceed. We would appreciate at least three working days advance notice for scheduling our field personnel on the first day you require our services. Work thereafter may be - scheduled with a full (24 hours) one working day advance notice. We will rely on your field representative to contact us to schedule all Contact Leighton Dispatch fieldwork, and to help us avoid unproductive site visits. Contact on the (866) LEIGHTON weekends and holidays are not addressed until the first following lei gMond ispatch@leigMon group.cor working day, without prior arrangement. We request that you "partner - with -us" to manage our budget, by avoiding unnecessary trips to the site. We will work with your field representative to reduce standby time and/or unnecessary trips to the site. OTHER CONSULTING SERVICES In addition to the core geotechnical services described above that are expected to be provided as part of the on -call contract, we understand that other consulting services associated with geotechnical and geologic consulting services may be required. These services might include: Landslide Repair Design: For more than 60 years, Leighton has been providing the integrated geotechnical engineering and engineering geology services required for landslide repairs. In addition to our experience with site characterization and mitigation design concepts, our Geotechnical Engineers (GEs) prepare assessment and mitigation reports and prepare repair grading plans and specifications, including remedial earthwork, soil nail and/or earth anchor ("tie -back") design, conventional shoring to reestablish roadways, safe utility corridors or to support existing structures with underpinning. For more complex shoring designs, we will consult with an experienced Structural Engineer (SE) who has experience focused on shoring. Remedial Grading Plan Preparation: Although geotechnical engineers provide essential input for all grading plans, such plans are more routinely prepared by general -practice Civil Engineering firms. On occasion, however, grading consists only of geotechnical remediation earthwork, such as for landslide stabilization. In these cases, Leighton has and will assume the lead on designing slope stabilization buttresses and/or other remedial earthwork and will prepare final design stabilization grading plans in house, possibly with assistance from a civil engineering subconsultant for Professional Land Surveying (PLS) services and minor general civil engineering support to establish property boundaries and easements. Peer Review. Leighton will provide Third Party review services to assist the City in the evaluation of geotechnical reports prepared by others. We do this routinely for our other clients. Based upon our review, we will provide written comments and recommendations to the City for additional analysis, if needed. In addition, we will attend meetings with the technical team to discuss project priorities and progress. For Third Party reviews to add value, a mentorship attitude, rather than competitive attitude, is required. We only provide comments that are necessary to ensure compliance and result in enhanced public safety, avoiding any real or perceived bias against other involved professionals. Value Engineering (VE): Leighton will evaluate several alternatives for geotechnical design to ensure appropriate cost-effective measures are implemented when appropriate. Drafting Services: Leighton has full in-house drafting capabilities utilizing AutoCAD Civil 3D, MicroStation, and analytical/visualization tools such as ArcGIS, Modflow, Rockworks, and gINT software. We possess the full array of information technology and field equipment necessary to successfully support large-scale, geospatial data -intensive projects such large pipeline in complex geologic areas. Additionally, we can use computer graphics to visually convey the results of our studies. Illustrations and report graphics are developed utilizing a variety of data imaging and geospatial analysis software. Boundaries, delineations, visualizations and proposed land uses are compiled and viewed in a GIS platform, using ArcGIS, AutoCAD Map and other leading geospatial software. Maps, site plans and GIS platforms are created in ArcGIS 10.x and AutoCAD Map. Environmental Investigation: Leighton has supported development plans for more than 2,000 sites throughout California, determining viability through a range of specialized environmental engineering and consulting services. Should these services be required by the City, Leighton can offer the following services: • Phase I Environmental Site Assessments (ESAs) • Phase II ESAs, including carefully planned and executed subsurface investigations • Performance -based remediation design, implementation and management • Litigation Support • Remedial Excavation • Soil Vapor/dual phase extraction • In -Situ chemical oxidation/reduction • Preparation and management of environmental compliance plans • CUPA Hazardous Material Management Plan (HMMP) • Hazardous Material Inventory Statements (HMIS) • Underground Storage Tank Program audits SECTION 3: FEE PROPOSAL Per instruction in the RFP, Leighton's Fee Proposal is provided in a separately sealed envelope / in a separate file. SECTION 4: CERTIFICATIONS Attachment 3-1 Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certifications Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Orange Subscribed and swom to (or affirmed) before me on this 28 day of August 2023, by Kristen Williams proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Pub is Signature BItAWDIE DEVRIES *my Nolary Pubtic - California Orange County Cam miss ion V 2396158 Comm. Expires Mar 8, 2026 Notary Public Seal City of Santa Ana RFP 23-123 Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Leighton Consulting, Inc. Signed and Printed Name: 6WKristen Williams Title Area Leader Date August 27, 2023 City of Santa Ana RFP 23-123 Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 23-123 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Area Leader Firm: Leighton Consulting, Inc. Date: August 27, 2023 City of Santa Ana RFP 23-123 Page A3-4 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable flo Lei hton g FEE SCHEDULE FORTH E CITY OF SANTA ANA a verdantas company RATES EFFECTIVE FROM 11/19/2023-11/18/2026 LABOR RATES CLASSIFICATION $/HR TechnicianI...................................................................................................100 Technician II / Special Inspector...................................................................110 Senior Technician / Senior Special Inspector...............................................130 Prevailing Wage (field soils / materials tester) *...........................................178 Prevailing Wage (Special Inspector)*..........................................................183 Prevailing Wage (On site Source Inspector, NDT and soil remediation O&M)*.......................................................................................................188 System Operation & Maintenance (0&M) Specialist....................................165 Non Destructive Testing (NDT).....................................................................175 DeputyInspector..........................................................................................130 Field / Laboratory Supervisor.......................................................................165 SourceInspector..........................................................................................150 City of Los Angeles Deputy Building (including Grading) Inspector .............175 * See Prevailing Wages in Terms and Conditions CLASSIFICATION $/HR Project Administrator/Word Processor/Dispatcher.........................................90 Information Specialist...................................................................................130 CADOperator...............................................................................................155 GISSpecialist...............................................................................................155 GISAnalyst..................................................................................................180 Staff Engineer / Geologist / Scientist............................................................170 Senior Staff Engineer / Geologist / Scientist / ASMR...................................185 Operations / Laboratory Manager.................................................................205 Project Engineer / Geologist / Scientist........................................................215 Senior Project Engineer / Geologist / Scientist / SMR..................................235 Associate...................................................................................................... 260 Principal........................................................................................................ 290 SeniorPrincipal............................................................................................345 GEOTECHNICAL LABORATORY TESTING METHOD $/TEST METHOD CLASSIFICATION & INDEX PROPERTIES Photographof sample....................................................................................15 Moisture content (ASTM D2216)........................................................................25 Moisture & density (ASTM D2937) ring samples................................................35 Moisture & density (ASTM D2937) Shelby tube or cutting.................................45 Atterberg limits 3 points (ASTM D4318):..........................................................160 - Single point, non-plastic............................................................................90 - Atterberg limits (organic ASTM D2487 / D4318).............................................195 - Visual classification as non -plastic (ASTM D2488).......................................15 Particlesize: ....................................................................................................... - Sieve only 1'/2 inch to #200 (AASHTO T27/ASTM C136/ASTM D6913/CTM 202)...145 - Large sieve 6 inch to #200 (AASHTOT271ASTM C136/ASTM D6913/CTM 202)...190 - Hydrometer only (ASTM D7928)................................................................120 - Sieve + hydrometer <_3 inch sieve, (ASTM D7928)....................................200 - Percent passing #200 sieve, wash only (ASTM D1140)...............................75 Specific gravity and absorption of fine aggregate (AASHTO T84/ASTM C128/ASTM D854/CTM 207)..............................................140 Specific gravity and absorption of coarse aggregate (AASHTO T85/ASTM C127/CTM 206)...............................................................110 - Total porosity - on Shelby tube sample (calculated)...............................180 - Total porosity - on other sample (calculated)..........................................165 Shrinkage limits wax method (ASTM D4943)...................................................135 Pinhole dispersion (ASTM D4647)...................................................................225 Dispersive characteristics (double hydrometer ASTM D4221)..............................215 As -received moisture & density (chunk/carved samples)...............................65 Sand Equivalent (AASHTO T176/ASTM D2419/CTM 217)....................................115 SHEAR STRENGTH Pocket penetrometer......................................................................................20 Direct shear (ASTM D3080, mod., 3 points): Consolidated undrained - 0.05 inch/min (CU)..............................................305 Consolidated drained - <0.05 inch/min (CD)................................................370 Residual shear EM 1110-2-1906-IXA (price per each additional pass after shear) .... 55 Remolding or hand trimming of specimens (3 points)....................................95 Oriented or block hand trimming (per hour)....................................................70 Singlepoint shear.........................................................................................115 Torsional shear (ASTM D6467 /ASTM D7608)....................................................880 COMPACTION & PAVEMENT SUBGRADE TESTS Standard Proctor compaction, 4 points (ASTM D698) $/TEST - 4 inch diameter mold (Methods A & B)...................................................170 - 6 inch diameter mold (Method C)...........................................................230 Modified Proctor compaction 4 points (ASTM D1557): - 4 inch diameter mold Methods A & B......................................................235 - 6 inch diameter mold Method C..............................................................265 Check point (per point)...................................................................................70 Relative compaction of untreated/treated soils/aggregates (CTM 216) ..........270 Relative density 0.1 ft mold (ASTM D4253, D4254)...........................................250 California Bearing Ratio (ASTM D1883) - 3 point.....................................................................................................535 - 1 point.....................................................................................................200 R-Value untreated soils/aggregates (AASHTO T1901ASTM D2844/CTM 301).......335 R-Value lime or cement treated soils/aggregates (AASHTO T190/ASTM D2844/CTM 301)..........................................................................................365 SOIL CHEMISTRY & CORROSIVITY pH Method A (ASTM D4972 or CTM 643)............................................................. 50 Electrical resistivity — single point — as received moisture..............................50 Minimum resistivity 3 moisture content points (ASTM G187/CTM 643) ...............95 pH + minimum resistivity (CTM 643)...............................................................140 Sulfate content - gravimetric (CTM 417 B Part 2)................................................75 Sulfate content - by ion chromatograph (CTM 417 Part 2).................................85 Sulfate screen (Hach®)....................................................................................35 Chloride content (AASHTO T291/CTM 422).........................................................75 Chloride content — by ion chromatograph (AASHTO T291/CTM 422)...................85 Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643)............285 Organic matter content (ASTM D2974)..............................................................70 CONSOLIDATION & EXPANSION/SWELL TESTS Consolidation (ASTM D2435):..........................................................................210 Each additional time curve.............................................................................50 Each additional load/unload w/o time reading................................................45 Expansion Index (ASTM D4829)......................................................................140 Single load swell/collapse - Method B (ASTM D4546-B, seat, load & inundate only)....115 Swell collapse Method A up to 10 load/unloads w/o time curves (ASTM D4546-A)..........................................................................................310 Fee 8/2023 www.leightongroup.com Page 1 of 4 %/� Leighton METHOD $/TEST FEE SCHEDULE METHOD $/TEST TRIAXIAL TESTS Unconfined compression strength of cohesive soil (with stress/strain plot, ASTMD2166)..................................................................................................................145 Unconsolidated undrained triaxial compression test on cohesive soils (UU, ASTM D2850, USACE Q test, per confining stress)..........................................185 Consolidated undrained triaxial compression test for cohesive soils, (CU, ASTM D4767, USACE R-bar test) with back pressure saturation & pore water pressure measurement (per confining stress)........................................400 Consolidated drained triaxial compression test (CD, USACE S), with volume change measurement. Price per soil type below EM 1110-2-1906(X): Sand or silty sand soils (per confining stress).........................................400 Silt or clayey sand soils (per confining stress)........................................535 Clay soils (per confining stress)..............................................................755 Three -stage triaxial (sand or silty sand soils)..........................................700 Three -stage triaxial (silt or clayey sand soils).........................................935 Three -stage triaxial (clay soils).............................................................1,320 Remolding of test specimens....................................................................70 HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible -wall permeameter with backpressure saturation at one effective stress (EPA 9100/ASTM D5084, falling head Method C):................................................335 Each additional effective stress....................................................................130 Hand trimming of soil samples for horizontal K..............................................65 Remolding of test specimens.........................................................................70 Permeability of granular soils (ASTM D2434)..................................................145 Soil suction (filter paper method, ASTM D5298)....................................................430 SOIL -CEMENT Moisture -density curve for soil -cement mixtures (ASTM D558).......................260 Wet -dry durability of soil -cement mixtures (ASTM D559)'...........................1,290 Compressive strength of molded soil -cement cylinder (ASTM D1633)' .............65 Soil -cement remolded specimen (for shear strength, consolidation, etc.) I ............250 Compaction (ASTM D558 maximum density) should also be performed - not included in above price CONSTRUCTION MATERIALS LABORATORY TESTING METHOD $/TEST CONCRETE STRENGTH CHARACTERISTICS Concrete cylinders compression (ASTM C39) (6" x 12" and 4" x 8") ................40 Compression, concrete or masonry cores (testing only) :56 inch (ASTM C42)......45 Trimming concrete cores (per core)...............................................................25 Flexural strength of concrete (simple beam-3rd pt. loading, ASTM C78/CTM 523).....90 Flexural strength of concrete (simple beam -center pt. loading, ASTM C293/CTM 523)...90 Non shrink grout cubes (2 inch, ASTM C109/C1107)............................................30 Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) ...........430 Length of concrete cores (CTM 531).................................................................45 HOT MIX ASPHALT (HMA) Resistance of compacted HMA to moisture -induced damage (AASHTO T283/CTM 371)...........................................................................2,250 Hamburg Wheel, 4 briquettes (modified) (AASHTO T324)...............................965 Superpave gyratory compaction (AASHTO T312/ASTM D6925) .........................375 Extraction by ignition oven, percent asphalt (AASHTO T308/ASTM D6307/CTM 382)............................................................160 Ignition oven correction/correlation values (AASHTO T308/ASTM D6307/CTM 382).........................................................1,445 Extraction by centrifuge, percent asphalt (ASTM D2172)................................160 Gradation of extracted aggregate (AASHTO T30/ASTM D5444/CTM 202)............145 Stabilometer, S-Value (ASTM D1560/CTM 366).................................................285 Bituminous mixture preparation (AASHTO R30/CTM 304)...................................85 Moisture content of HMA (AASHTO T329/ASTM D6037/CTM 370) .........................65 Bulk specific gravity of compacted HMA, molded specimen or cores, uncoated (AASHTO T166/ASTM D2726/CTM 308)..............................................55 Bulk specific gravity of compacted HMA, molded specimen or cores, paraffin -coated (AASHTO T275/ASTM D1188/CTM 308).....................................60 Maximum density - Hveem (CTM 308)............................................................215 Theoretical maximum density and specific gravity of HMA (AASHTO T209/ ASTM D2041/CTM 309).................................................................................140 Thickness or height of compacted bituminous paving mixture specimens (ASTM D3549)...............................................................................................45 Wet track abrasion of slurry seal (ASTM D3910).............................................160 Rubberized asphalt (add to above rates)........................................................+25% BRICK Compression - cost for each, 5 required (ASTM C67).......................................55 Absorption - cost for each, 5 required (ASTM C67)...........................................55 METHOD $/TEST AGGREGATE PROPERTIES Bulk density and voids in aggregates (AASHTO T19/ASTM C29/ CTM 212) ............55 Organic impurities in fine aggregate sand (AASHTO T21/ASTM C40/CTM 213)....65 LA Rattler -smaller coarse aggregate <1.5"(AASHTOT96/ASTMC131/CTM211) ... 215 LA Rattler -larger coarse aggregate 1-3" (AASHTO T96/ASTM C535/CTM 211)....270 Apparent specific gravity of fine aggregate (AASHTOT84/ASTM C128/CTM 208)...140 Specific gravity and absorption of coarse aggregate (ASTM C127/CTM 206) 44 retained.............................................................................................110 Clay lumps, friable particles (AASHTO T112/ASTM C142)..................................190 Durability Index (AASHTO T210/ASTM D3744/CTM 229)......................................215 Moisture content of aggregates by oven drying (AASHTO T255/ASTM C566/CTM 226)...............................................................45 Uncompacted void content of fine aggregate (AASHTO T304/ ASTM C1252/ CTM 234)..........................................................140 Percent of crushed particles (AASHTO T335/ASTM D5821/CTM 205) ..................145 Flat & elongated particles in coarse aggregate (ASTM D4791/CTM 235)..........230 Cleanness value of coarse aggregate (CTM 227)...........................................225 Soundness, magnesium (AASHTO T104/ASTM C88/CTM 214) ...........................240 Soundness, sodium (AASHTO T104/ASTM C88/CTM 214)..................................695 MASONRY Mortar cylinders 2" x 4" (ASTM C780)...............................................................35 Grout prisms 3" x 6" (ASTM C1019)...................................................................35 Masonry cores compression, <_6" diameter - testing only (ASTM C42).............45 Masonry core shear testing (Title 24).............................................................85 Veneer bond strength, cost for each - 5 required (ASTM C482)........................60 CMU compression to size 8" x 8" x 16" - 3 required (ASTM C140)....................60 CMU moisture content, absorption & unit weight - 6 required (ASTM C140).....55 CMU linear drying shrinkage (ASTM C426).....................................................190 CMU grouted prisms compression test <_8" x 8" x 16" (ASTM C1314).............215 CMU grouted prisms compression test > 8" x 8" x 16"(ASTM C1314) .............270 BEARING PADS/PLATES AND JOINT SEAL Elastomeric bearing pads (Caltrans SS 51-3).................................................1060 Elastomeric bearing pad with hardness and compression tests (Caltrans SS 51-3)......................................................................................1,315 Type A Joint Seals (Caltrans SS 51-2)...........................................................1,735 Type B Joint Seals (Caltrans SS 51-2)...........................................................1,640 Bearing plates(A536).....................................................................................770 Fee/2023 www.leightongroup.com Page 2 of 4 %/� Leighton FEE SCHEDULE METHOD $/TEST REINFORCING STEEL AND PRESTRESSING STRANDS Rebar tensile test, <_ up to No. 11 (ASTM A370)................................................70 Rebar tensile test, >_ No. 14 & over (ASTM A370)...........................................215 Rebar bend test, up to No. 11 (ASTM A370)......................................................70 Rebar bend test, >_ No. 14 & over (ASTM A370)..............................................215 Resistance butt -welded hoops/bars, tensile test, <_ up to No. 10 (CTM 670)....70 Resistance butt -welded hoops/bars, tensile test, >_ No. 11 & over (CTM 670)...90 Mechanical rebar splice, tensile test, <_ up to No. 11 (CTM 670).......................70 Mechanical rebar splice, slip test, <_ up to No. 11 (CTM 670)............................45 Mechanical rebar splice, tensile test, >_ No. 14 & over (CTM 670)..................215 Mechanical rebar splice, slip test, >_ No. 14 & over (CTM 670).......................215 Headed rebar splice, tensile test, <_ up to No. 11 (CTM 670) ............................70 Headed rebar splice, tensile test, >_ No. 14 & over (CTM 670) .......................215 Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775/A934) ....... 50 Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775/A934).............70 Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM A775/A934) .......... 50 Prestressing wire, tension (ASTM A416).........................................................190 Sample preparation (cutting).........................................................................55 METHOD $/TEST STREET LIGHTS/SIGNALS LED Luminaires / Signal Modules / Countdown Pedestrian Signal Face Modules (Caltrans RSS 86)........................................................................1,390 SPRAY APPLIED FIREPROOFING Unit weight (density, ASTM E605)........................................................................65 FASTENERS / BOLTS / RODS F3125 GR A307, A325 Bolts, tensile test, <_ up to 1-1/4" diameter, plain (ASTM A370).................................................................................................70 F3125 GR A307, A325 Bolts, tensile test, <_ up to 1-1/4" diameter, galvanized (ASTM A370)...............................................................................80 A490 Bolts, tensile test, 5 up to 1-1/4" diameter, plain (ASTMA370)................70 A490 Bolts, tensile test, 5 up to 1-1/4" diameter, galvanized (ASTMA370) ...... 80 A593 Bolts, tensile test, 5 up to 1-1/4" diameter, stainless steel (ASTMA370) ... 70 F1554 Bolts, tensile test, <_ up to 1-1/4" diameter, plain (ASTMA370) ............ 110 F1554 Bolts, tensile test, <_ up to 1-1/4" diameter, galvanized (ASTMA370) ... 130 SAMPLE TRANSPORT Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) ... 95 EQUIPMENT LIST ITEM $UNIT 1/4 inch Grab plates................................................................................ 5 each 1/4 inch Tubing (bonded)....................................................................0.60 foot 1/4 inch Tubing (single)......................................................................0.40 foot 3/8 inch Tubing, clear vinyl................................................................0.60 foot 4-Gas meter (RKI Eagle or similar)/GEM 2000...................................140 day Air flow meter and purge pump (200 cc/min)......................................... 55 day Box of 24 soil drive -sample rings.........................................................130 box Brass sample tubes............................................................................... 11 each Caution tape (1000-foot roll)..................................................................22 each Combination lock or padlock.................................................................15 each Compressed air tank and regulator....................................................... 55 day Concrete coring machine (:56-inch-dia)...............................................160 day Consumables (gloves, rope, soap, tape, etc.).......................................40 day Core sample boxes................................................................................ 30 each Crack monitor Two-Dimensional............................................................ 30 each Crack monitor Thee-Dimensional.......................................................... 40 each Cutoff saws, reciprocating, electric (Sawzall®)..................................... 80 day D-Meter Walking Floor Profiler............................................................ 110 day Disposable bailers.................................................................................25 each Disposable bladders..............................................................................20 each Dissolved oxygen meter........................................................................50 day DOT 55-gallon containment drum with lid ............................................. 85 drum Double -ring infiltrometer......................................................................135 day Dual -stage interface probe....................................................................85 day Dynamic Cone Penetrometer..............................................................430 day Generator, portable gasoline fueled, 3,500 watts .................................. 90 day Global Positioning System/Laser Range Finder .................................... 80 day Handauger set...................................................................................... 90 day HDPE safety fence (:5100 feet)............................................................. 40 roll Horiba U-51 water quality meter..........................................................135 day Light tower (towable vertical mast)......................................................150 day Magnehelicgauge.................................................................................15 day Manometer............................................................................................ 25 day Mileage (will adjust with IRS published rate).....................................0.655 mile ITEM $ UNIT Moisture test kit (excludes labor to perform test, ASTM El907) ...........65 test Nuclear moisture and density gauge....................................................88 day Electrical moisture and density gauge..................................................88 Day Pachometer...........................................................................................50 day Particulate Monitor...............................................................................135 day pH/Conductivity/Temperature meter......................................................60 day Photo -Ionization Detector(PID)...........................................................130 day Pump, Typhoon 2 or 4 stage................................................................. 55 day QED bladder pump w/QED control box...............................................175 day Quire fee — Phase I only...................................................................... 250 each Resistivity field meter and pins............................................................ 200 day Slip / threaded cap, 2-inch or 4-inch diameter, PVC Schedule 40.........20 each Slope inclinometer............................................................................... 250 day Soil sampling T-handle (Encore)...........................................................10 day Soil sampling tripod...............................................................................40 day Speedy (R) moisture tester....................................................................10 day Stainless steel bailer..............................................................................60 day Submersible pump with controller.......................................................180 day Submersible pump/transfer pump, 10-25 gpm......................................65 day Support service truck usage (well installation, etc.) ............................. 250 day Survey/fence stakes..............................................................................10 each Tedlar® bags......................................................................................... 25 each Traffic cones (<_25)/barricades (single lane)..........................................55 day Turbiditymeter......................................................................................80 day Tyvek® suit (each).................................................................................25 each Vapor sampling box...............................................................................65 day Vehicle usage (carrying equipment)......................................................20 hour VelociCalc..............................................................................................40 day Visqueen (20 x 100 feet).....................................................................130 roll Water level indicator (electronic well sounder) <300 feet deep well .... 100 day ZIPLEVEL®...........................................................................................40 day Other specialized geotechnical and environmental testing and monitoring equipment are available, and priced per site Fee/2023 www.leightongroup.com Page 3 of 4 %/� Leighton FEE SCHEDULE TERMS AND CONDITIONS • Proposal Expiration: Proposals are valid for at least insurance, travel, subsistence, project -specific 30 days, subject to change after 30 days; unless otherwise stated in an attached proposal. • Prevailing Wages: Our fees for prevailing wage work are based upon California prevailing wage laws and wage determinations. Unless specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project, additional fees will be charged. Prevailing wage rates will increase by $8 on July 1st of each year. Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-exempt field personnel working on a Leighton observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California Department of Industrial Relations (DIR) determination and is multiplied at 1.5 to 2 times their hourly billing rate for overtime and double-time, respectively. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. • Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or any on -site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work. 8 hours: 8-hour minimum charge for over four hours of work, up to eight hours. Project time accrued includes portal to portal travel time. Insurance & Limitation of Liability: These rates are predicated on standard insurance coverage and a limit of Leighton's liability equal to our total fees for a given project. Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project -specific permits and/or licenses, project -specific supplemental parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly to and paid by client. • Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of 1'/2-percent per month will be charged for late payment. Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. • Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical-laboratory test results is 10 working days. Samples will be stored for 2 months following completion of assigned tests, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $15 per bag and $6 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in California. There may be additional cost for handling imported samples. Construction Material Samples: After all designated breaks for a given sample set meet specified compressive at design age or other client - designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. Unless specifically requested otherwise, all other construction materials will be disposed of after completion of testing and reporting. Fee/2023 www.Ieightongroup.com Page 4 of 4 EXHIBIT 6 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, A CALIFORNIA CORPORATION, TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between Ninyo & Moore Geotechnical & Environmental Sciences Consultants, a California Corporation, dba Ninyo & Moore ("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"). RFCTTAT.0 A. On August 2, 2023 the City issued Request for Proposal ("RFP") No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on -call basis 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. 23-123. 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 Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A" attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B." 2. COMPENSATION 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 Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall Page 1 of 10 not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on November 21, 2023 and end on November 20, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. 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. Page 2 of 10 6. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that 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 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 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 CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000.00 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$1,000,000.00 per accident for bodily injury or disease. Page 3 of 10 (iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City 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 City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, 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, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) 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 City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City 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 City 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 City. The City 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 City. (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 City. Page 4 of 10 (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. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • 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. (viii) Verification of Coverage. Consultant shall furnish the City 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 City 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 City 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 City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 Page 5 of 10 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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 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 City. Page 6 of 10 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case Page 7 of 10 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 18. 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. 19. 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. 20. 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 8 of 10 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Garreth Saiki, PE, GE Principal Engineer Ninyo & Moore 475 Goddard, Suite 200 Irvine, CA 92618 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 21. 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 contained on following page] Page 9 of 10 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, A CALIFORNIA CORPORATION, TO PROVIDE ON - CALL GEOTECHNICAL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney sy: NATHAN T. MARTtgffZ Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: By: Garreth Salki Title: Principal Engineer Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firms shall provide the City with the following services as described herein. The consulting firms are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 Page Al-1 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Project Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 Page Al-2 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include. but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 Page Al-3 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Prouosal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 Page Al-4 EXHIBIT B CONSULTANT'S PROPOSAL Proposal to Provide ,. On -Call Geotechnical Engineering Services City of Santa Ana / RFP No.: 23-123 August 28, 2023 PO4-04193 U 0 ® 0 ninyoandmoore.com 35+ l �/inyv �/�oor e YERRS Geotechnical 6 Environmental Sciences Consultants 0 .�I 01 1 Statement of Qualifications Cover Letter August 28, 2023 Proposal No. 04-04193 City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Attn: Mr. Gilbert Castillo, Project Manager Subject: Proposal to Provide Geotechnical Engineering Services City of Santa Ana Public Works Agency RFP No. 23-123 Dear Mr. Castillo: #h7yo&*uure Ninyo & Moore Geotechnical and Environmental Sciences Consultants (Ninyo & Moore), a California corporation, appreciates your consideration of our proposal to provide the City of Santa Ana (City) with Geotechnical Engineering services in response to the City's Request for Proposal (RFP) issued August 2, 2023. We understand that our services will be performed on an on -call or as -needed basis. We fully understand the type of services the City requires, and are ready to meet your needs by making available a dedicated team of professionals who have the requisite experience and resources to successfully complete task assignments. Ninyo & Moore has provided previous geotechnical, special inspection, and materials testing services for the City on an as-needed/on-call basis and will continue to utilize our effective project management approach. We emphasize that the opportunity to provide services to the City of Santa Ana Public Works Agency is of great importance to us. We are fully prepared to make every possible commitment needed for successful and timely completion of task orders assigned to us. As the contact person who is authorized to make legally binding commitments for Ninyo & Moore, Mr. Garreth Saiki, PE, GE, Principal Engineer, will be readily available and can be reached at our Irvine office, 475 Goddard, Suite 200, Irvine, California 92618; by phone, (949) 753-7070, extension 12231; and/or by email gsaiki@ninyoandmoore.com, to answer any questions during your evaluation period. We look for- ward to the opportunity to discuss our capabilities with you personally. Ninyo & Moore appreciates the City's favorable consideration of our proposal. Sincerely, NINYO & MOORE i�'f . Garreth Saiki, PE, GE Principal Engineer GMS/klb Distribution: (6) 5 hard copies, 1 upload to PlanetBids 475 Goddard, Suite 200 1 Irvine, California 92618 1 p. 949.753.7070 1 www.ninyoandmoore.com field Contract Firm and Team Experience Firm Profile Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a California Corporation, was established in 1986 to provide consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment. Since our inception, we have steadily grown to over 550 professionals in 15 offices throughout the southwestern United States. Ninyo & Moore has the equipment and trained personnel to perform the required geotechnical and materials laboratory testing services in-house, in one of our three fully -equipped, certified geotechnical and construction materials laboratory facilities in southern California. Our laboratories are supervised by registered engineers and are certified by the City of Los Angeles, Caltrans, California Division of the State Architect (DSA), American Association of State Highway and Transportation Officials (AASHTO), Cement and Concrete Reference Laboratories (CCRL), the U.S. Army Corps of Engineers, and other regulatory agencies. As part of our laboratory accreditation, we have written quality control procedures for laboratory testing, which includes training and certification of both our laboratory personnel and testing equipment. Laboratory testing for task orders issued under the proposed on -call contract will be performed in our local Irvine (Orange County) laboratory. For over 30 years, Ninyo & Moore has become a specialist in providing on -call services for public agencies. We have developed a management approach that enables us to provide our clients with responsive, efficient, and cost effective services utilizing master agreement/on-call con -tracts with specific task order work assignment authorizations. The success of our approach is demonstrated through our long list of successful public agency on -call services contracts and the continued renewal of these contracts. We will utilize the project management approach we have developed over the years to provide the City of Santa Ana with responsive service by qualified and certified personnel that will be supported by in- house technical expertise and equipment resources. City of Santa Ana City of Brea City of Yorba Linda City of Diamond Bar City of Newport Beach City of Irvine City of Rancho Santa Margarita City of Los Angeles City of Santa Monica City of Long Beach County of Orange County of San Bernardino County of Riverside John Wayne Airport Los Angeles World Airports Long Beach Airport Orange County Transportation Authority San Bernardino County Transportation Authority Riverside County Transportation Commission Port of Los Angeles Port of Long Beach Inland Empire Utilities Agency Orange County Sanitation District Santa Ana Unified School District Anaheim Elementary School District Irvine Unified School District Los Angeles Unified School District Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 01 1 Statement of Qualifications Project Team Mr. Rajindra Handapangoda, PE, GE, will serve as Project Manager/Principal Agent for this on -call contract and will be responsible for ensuring that each task order assigned to us is performed in accordance with the contractual obligations. Mr. Handapangoda will be responsible for managing this on -call contract utilizing our on -call management approach. He will be responsible for the performance of each assigned task order and will provide supervision of our engineering and field staff to ensure that the work performed meets the City's requirements for schedule, content, and budget. If for some unforeseen reason he is not available, Mr. Garreth Saiki, PE, GE, our Principal -in -Charge, will step in his place and assume the responsibilities. He has personally managed on -call contracts Ninyo & Moore was awarded throughout Orange County. Mr. Saiki will be responsible to ensure that Mr. Handapangoda has all the resources necessary to complete task order work assigned to us and that our services meet or exceed our City's expectations. The following organization table provides information of our key staff and their availability for this contract. Complete resumes are included in Appendix A. Rajindra Handapangoda PE 73171 (California) 17 75% PE, GE GE 2998 (California) Project Manager/Principal Agent Garreth Saiki, PE, GE PE 49665 (California) 37 65% Principal -in Charge GE 2509 (California) Nuclear Gauge Operator Certification Michael Putt, PG, CEG PG 7581 (California) 27 75% Task Manager/ CEG 2341 (California) Engineering Geology Radiological Safety and Gauge Use Certification, 1997 Andy Rodriguez Radiation (Nuclear Gauge) 25 75% Task Manager/Field User Safety Operations Daniel Chu, PhD, PE, GE PG 7581 (California) 40 35% Technical Advisor/ CEG 2341 (California) Geotechnical Engineering Radiological Safety and Gauge Use Certification, 1997 Ninyo & Moore has provided innovative • solutions to complex geotechnical and 01 • • environmental challenges. Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 01 ment of Qualifications It M_� Field Technicians and Inspectors 1 Ninyo & Moore's field staff is highly experienced and qualified to provide testing and inspection services for an extensive range of project requirements. Ninyo & Moore's field and laboratory technicians maintain = certifications from the Cityof Los Angeles, American Concrete Institute (ACI), American Welding Society g ( ) g y (AWS), Caltrans, State of California Division of the State Architect (DSA), International Code Council (ICC), Occupational Safety and Health Administration (OSHA), United States Department of Transportation ` (USDOT), as well as other regulatory agencies. They possess a working knowledge of the requirements and procedures as specified by these agencies. Our field technicians are extensively experienced at providing geotechnical soils and materials testing services for construction projects. The following table is — --- a sampling of field personnel and their certifications that are available to work on this project. MIKember Year Steven Eck Senior Field ACI, ICC, LADBS, OSHA, USDOT HAZMat 43 Technician Mohammad Senior Field ACI, ICC, LADBS, OSHA, USDOT HAZMat 32 Haque Technician Robert Ritter Special Inspector ACI, AWS, ICC 31 Lincoln Linn Senior Field ACI, ICC, OSHA, USDOT HAZMat 31 Technician Randy Engel Senior Field ACI, BNSF, CALTRANS, USDOT HAZMat 29 Technician Hector Heredia Senior Laboratory AASHTO, ACI, CALTRANS 24 Technician Vance Hunter Senior Field ACI, CALTRANS, eRailSafe, OSHA, USDOT 24 Technician HAZMat Steven Moudy Senior Field ACI, USDOT HAZMat 23 Technician Joe Levario Senior Field ACI, BNSF, CALTRANS, eRailSafe, OSHA, USDOT 19 Technician HAZMat James Dalgity Laboratory Manager ACI, CALTRANS, USDOT HAZMat 18 Matthew Puraty Senior Field ACI, CALTRANS, OSHA, USDOT HAZMat 18 Technician Matthew Jacobs Senior Field ACI, ICC, LADBS, FRP, OSHA, USDOT HAZMat 17 Technician Ryan Villasenor Senior Field ACI, ICC, OSHA, TWIC, USDOT HAZMat 14 Technician Steven Almond Senior Field ACI, OSHA, USDOT HAZMat 13 Technician Wilkins Cobian Senior Field ACI, BNSF, CALTRANS, USDOT HAZMat 13 Technician Paul Medina Special Inspector ACI, ICC, LADBS, OSHA, USDOT HAZMat 10 Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 01 1 Statement of Qualifications Understanding of Need Ninyo & Moore will utilize the project management style and approach that we have successfully developed for past and current on -call contracts with public agencies. Throughout the contract duration, Mr. Rajindra Handapangoda, our proposed Project Manager and single point of contact for the City, will meet with the representative(s) of the City to discuss task order assignments, project concerns, permits required, anticipated services required for those projects and close-out requirements. Upon notification of a task order request, we will commence our services. Our approach to our geotechnical, materials testing and inspection services is described in the following flow chart. • Ninyo & Moore project manager reviews RFP to prepare preliminary scope and level of effort. • Ninyo & Moore project manager reviews preliminary scope and level of effort with the City. • Ninyo & Moore finalizes and submits scope and fee estimate. • City issues task authorization based on scope and fee estimate. • Acquisition of site access and applicable permits, if required. • Ninyo & Moore prepares work plan identifying key personnel/subcontractors performing the work and schedule of work. • Each task order budget will be monitored in real-time (Deltek Vision). City notified at 50%, 75%, and 90% of TA budget. Budget amendment requests will be discussed with the City PM at the 75% mark and will be submitted (if warranted) at 90%. • Perform a site reconnaissance to document site conditions and to locate and mark proposed exploratory locations. • Locations to be cleared by Underground Service Alert and/or private utility locator. • Drilling, sampling, and logging of small diameter borings or Cone Penetrometer Tests (CPT), test pits, and/or fault trenches in accordance with the RFP and TA. • Collecting representative samples from the exploratory locations. Samples will be transported to our in-house laboratory for testing. • Performing laboratory testing in accordance with the applicable test methods (i.e., ASTM, AASHTO, Caltrans, etc.) to evaluate the geotechnical design parameters. • During construction, perform geotechnical observation and testing or special inspection or materials sampling per request of City's Project Inspector • Perform engineering analysis of field and laboratory data to evaluate design parameters, including but not limited to the following: o Excavation and Backfill o Settlement o Liquefaction o Corrosion Potential o Bearing Capacity o Pavement Design • Prepare and submit a written report presenting the results of our background review, field exploration, laboratory testing, and engineering analysis, as well as our geotechnical conclusions and recommendations for the design and construction of the project. • Complete and provide to the City the required closeout documentation Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 01 1 Statement of Qualifications Relevant Project Experience The following is a list of Ninyo & Moore's relevant projects, successfully completed in the past five years by our staff that demonstrate our competence to perform work similar in scope and magnitude to that required for this project. On -Call Geotechnical, : On -call geotechnical, special 2020 : City of Santa Ana Special Inspection and : inspection and materials : Victor So Materials Testing ; testing services to the City of : (714) 667-2700 Santa Ana, CA ; Santa Ana for the Public Works : : vso@santa-ana.org :Agency's Capital Improvement ................................ : Program ................................... :............... :................................ On -Call Geotechnical, 'On -call geotechnical, 2022 - City of Irvine Engineering Geology and : engineering geology, and : Mr. Tom Polson Materials Testing Services : materials testing and deputy : (949) 724-6367 Irvine, CA ; inspection services, third- : tpolson@cityofirvine.org party review services, as : well as hazardous materials ................................:...................................:...............:................................ assessments - - On -Call Geotechnical and ; On -call engineering, 2023 - City of Yorba Linda Materials Testing Services : geotechnical and materials :Mr. Rick Yee Yorba Linda, CA : testing and deputy inspection, _ : (714) 961-7171 as well as environmental ; ; ryee@yorba-linda.org consulting services during the various construction and ................................ reconstruction type projects - :................................... :............... - :................................ On -Call Geotechnical and ; On -call geotechnical and Ongoing ; County of Orange Public Materials Testing Services : materials testing services : Works Orange County, CA : during the various Orange : Mr. Ryan Rose orks and Orange County Community yan.Rose@ocpw.ocgov. Resources construction and om - reconstruction type projects On -Call Geotechnical Consulting and Materials Testing Services Rancho Santa Margarita, CA On -call geotechnical engineering consulting and material testing services for various City projects ..1 /City of Rancho Santa Margarita Mr. Tri Nguyen .(949) 635-1813 tnguyen@cityofrsm.org Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 01 1 Statement of Qualifications Agreement Terms Ninyo & Moore has reviewed the City's RFP Master Service Agreement and is willing to comply with the Agreement terms. References The following are three (3) public agency contacts that can attest to the quality Ninyo & Moore's services and work product. For these agencies and client references, we are currently providing or have provided similar geotechnical engineering services within the past five years. Mr. Ryan Rose County of Orange Public Works 601 North Ross Street Santa Ana, CA 92701-5000 E Ryan. Rose@ocpw.ocgov.com Ms. Stephanie Gunawan- Piraner John Wayne Airport 3160 Airway Avenue Costa Mesa, CA 92626 E sgunawan-piraner@ocair.com Mr. Rick Yee City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, CA 92886 E ryee@yorba-linda.org Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 7 Ilk Al Y' � s ,v/ � •C F . I I f_rl - T�ZI ;V' �I'.' ;p __ _ `_ • �j� ' 1 idl� �Etvr 11 i i" � e IL t NX 1. NO\ ILA, r J./Ift 02 1 Scope of Services and Schedule Based on our review of the City's RFP, we understand that our services will include as -requested geotechnical engineering services for various types of projects located throughout the City of Santa Ana. The RFP indicates that the projects may include street pavement, traffic signals, underground utilities, buildings and park improvements. The anticipated scope of work includes inspection and testing for construction involving grading, soils, base material, reinforced concrete and masonry, asphalt concrete, structural steel, and painting. Ninyo & Moore can provide the anticipated services in the RFP. Our services will be performed in accordance with applicable laws of the State of California and the requirements of the City of Santa Ana guidelines and ordinances, OSHA Construction Industry Standards, California Code of Regulations, South Coast Air Quality Management District Regulations, and other applicable codes. Testing will be per- formed in accordance with the latest addition of the Standard Specifications for Public Works Construction ("Green book"), Caltrans, ASTM and applicable standard test methods. We have included a scope of services for soils and materials testing and special inspections. Site specific scopes of work will be developed for each specific project assignment. Example scopes are provided below. t-y - • Project coordination, including meeting with the representatives of the Agency and their design team to discuss our scope of work. • Review of preliminary project plans, geologic and seismic hazard maps, and readily available geotechnical reports to evaluate possible geologic hazards that may impact the proposed construction. • Acquisition of permits necessary to proceed with our subsurface evaluation. • Geotechnical site reconnaissance to document the site conditions and to select and mark the proposed excavation locations for underground utility location. • Drilling, sampling, and logging of small -diameter and/or large -diameter exploratory borings and/or excavation of exploratory test pits. The depths of the excavations will depend on the details of the proposed project and site location. Traffic control will be performed, as appropriate, in general accordance with the W.A.T.C.H. manual. • Laboratory testing of representative soil samples to evaluate the soil characteristics. Laboratory testing may include in -situ moisture and dry density, gradation, maximum density and optimum moisture content, consolidation and expansion potential, expansion index, consolidation, shear strength, corrosivity and sulfate content, and R-value testing. • Data compilation and geotechnical analysis of field and laboratory data. Our analyses will address the following: • Suitability of the site for the proposed construction from a geotechnical perspective. • Description of the site geology and on -site soils anticipated during construction, including an evaluation of geologic hazards that might be present at the site. • Evaluation of slope stability under static and seismic conditions. • Excavation and compaction requirements, including suitability of the on -site soils for use as fill and/ or trench backfill. • Analysis of the temporary stability of the trench excavations and shoring pressures, including allowable lateral earth pressures and allowable passive pressures for proposed trenches, as appropriate. • Evaluation of the depth to the groundwater table and potential areas of dewatering, as appropriate. • Evaluation of potential settlement. • Evaluation of the potential for liquefaction. • Evaluation of the corrosion potential of the on -site soils. • Evaluation of pavement design for the proposed roadway sections, as applicable. Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 8 02 1 Scope of Services and Schedule Preparation of a written report presenting the results of our field exploration, laboratory testing, and engineering analyses, as well as our conclusions and recommendations relative to the geotechnical aspects of project design and construction. Upon substantial completion of the project plans and specifications, Ninyo & Moore can perform a geotechnical and geologic plan review to evaluate whether the conclusions and recommendations presented in our report were correctly interpreted and incorporated into the project plans and specifications. These services can be performed if requested and authorized. Soils and Materials Testing & Special Inspection Services Our soils and materials testing and inspection services may include the following, depending on the requirements of the specific task order assignment: • Project coordination and client liaison, including scheduling of personnel to provide observation and materials testing services and meeting attendance. • Review of readily available background materials pertaining to the site, including geotechnical reports, project plans, and specifications. • Attendance at pre -construction and field meetings as requested by the client. • On -site soil and materials testing and inspection during construction on an as -requested basis. Our inspection services will be performed in accordance with the applicable building codes requirements project's plans and specifications. Our soils and materials testing and inspection services can include the following: • Field observation and inspection during foundation construction, including observation of footing excavations, pier drilling, pile driving, as appropriate. • Field observation, documentation and testing during the earthwork operations. Our services will include observation and field density testing of compacted fill, including embankment fill, structure and wall backfill, utility trench backfill, subgrade, aggregate subbase, aggregate base, materials. • Field sampling and in -place density testing will be performed during asphalt pavement construction. Asphalt production plant inspection and sampling will be performed to evaluate conformance with project specifications. Laboratory testing of raw aggregate and completed mix samples will include sieve analysis, sand equivalent, percent asphalt, film stripping, CKE, swell, and maximum density per the Construction Manual and project specifications. • Field sampling and testing of concrete structures and paving during construction. Our field testing services will include sampling of concrete, and evaluating the temperature, penetration, air content, and unit weight. Concrete cylinders will be cast during concrete placement for structures and will be transported to our laboratory for compressive strength testing. Concrete beams will be cast during concrete paving and transported to our laboratory for flexural strength testing. Concrete batch plant inspection and sampling will be performed to obtain raw aggregate samples for acceptance testing and to evaluate the batch plant operation for conformance with project specifications. Laboratory testing of aggregate samples will include sieve analysis, sand equivalent, and cleanness value per the Construction Manual, Standard Specifications, and project Special Provisions. Further, specialized tests, such as L.A. rattler, durability index, specific gravity, etc., will be performed upon request by the Resident Engineer. • Field inspection of the construction materials, both during fabrication/ erection/construction and after construction completion (finish project inspections) performed by inspectors registered with the County of Orange and other agencies (ICC, AWS-CWI). Inspections may include: • Reinforced concrete, including foundations, cast -in -place concrete structures, and miscellaneous concrete construction. • Structural masonry, including retaining walls, sound walls, building and site walls. o Onsite and fabrication shop welding and bolting of structural steel. Non -Destructive Testing (ultrasonic, magnetic particle and dye penetrant) Roofing, painting and coating Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 9 02 1 Scope of Services and Schedule • Laboratory testing on collected construction material samples in accordance with the appropriate California Test, AASHTO, and ASTM test methods and utilizing our Caltrans and AASTHO certified laboratories. Laboratory testing may include maximum dry density and optimum moisture content of the soils to be placed as fill or backfill; compressive strength testing of the concrete, and conformance testing (including sieve analyses, sand equivalent, R-value, cleanness value and durability tests) on the proposed aggregate subbase, aggregate base, asphalt concrete, and concrete pavement. Testing will be performed at frequencies re-quired by the Caltrans Construction Manual and/or applicable project specifications. • Preparation of daily reports and other memoranda to summarize the field operations and test results. Our reports will include the information required by the review agencies. • Preparation of a final report summarizing the results of our field and laboratory test results, including final report on grading and certification of compliance Schedule Ninyo & Moore is committed to providing prompt, efficient, and high quality geotechnical and materials testing and inspection services throughout contract duration. As one of the largest geotechnical and geologic engineering firms in southern California, Ninyo & Moore has the personnel and resources available to complete the requested task order services in accordance with the City's requirements. For each task order request, we will provided a detailed staffing and resources management plan which will identify specific tasks and the level of effort required for the services required for the specific request. Ninyo & Moore's personnel are fully committed to this contract. We also have a commitment from our subconsultant team that the necessary staff will be 100% available to perform the required work at the time the task order is assigned. We have developed an effective on -call management system that allows us to successfully handle multiple task orders concurrently. Our ability to provide consistent and cost-effective consulting services for task order based contracts is a result of our many years of experience in refining our on -call management process. The core of this process is our highly experienced and qualified staff of professionals that are available to begin work on requested task orders. Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 10 MMMQ Fee Proposal LF] 03 1 Fee Proposal Fee Proposal As requested in the RFP, we are providing our Fee Proposal in a separate, sealed envelope. Our proposed billing rates are valid throughout the first fiscal year of the contract, from November 19, 2023 through November 18, 2026. 00*"�i 'Nrop OPI 7 COST SAVINGS INNOVATIVE IDEAS - STRATEGY Our approach will often We often encounter projects Our team of professionals include recommendations where we need to think will evaluate each project -- that provide cost saving outside" the box and provide innovative or advanced element to determine the solutions for our clients technologies to resolve best value approach project challenges GOAL The ultimate goal is the on time, and within budget completion of every project performed to the total satisfaction of the client Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 Certifications bo 04 1 Certifications Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a falsq certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on proved to me on the basis of sati before me. Signature 001 day of 20_, by evidence to be the person(s) who appeared Notary Public Seal See attached certificate City of Santa Ana RFP 23-123 Page A3-1 Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 04 1 Certifications CALIFORNIA JURAT GOVERNMENT CODE § 8202 tII;IIiE�IItrE�,IIsE utrBaII:EtrII%3trIItr8 trII<II:II,B.IIaE;EtrE;E,8aIItr8;EtrF?:EsilsII;�itrEsE33c3;II:Ef8:8,�8tr3;�;8:8e8trFi:�:EtrEtr8tr3tr88:8trESII,`ESBcEa� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof Orange Y DAVID KHOM Notary Public - California Orange County F Commission # 2371438 lamy Comm. Expires Aug 19, 2025 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this 23 day of August , 20 23 by Date Month Year (1) David Khom - Notary Public (and (2) Garreth Saiki Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature 0`� `_ Signature of Notary Public Completing this information can deter alteration of the fraudulent reattachment of this form to an unintend Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Si ther Than Named Above: t8tr8�II+�5Hafla8a8cA+8trfH8s8+`Ha8s8:II.+IIsB'8+`i3n8tr€3#3sIItr8a8tr8a8t£3tIItr8tIIcIItrIItra>II�8:II:3��8trb�+II�E�B?II;8tr8fi8;1,II'f�8tfia8tr8tvcIIa8s8aIItr8a8;8�;8t8i8a8?II+II+8?8:E'�8k`3 02019 National Notary Association Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 2 04 1 Certifications Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Fir, Ninyo & Moore Geote�hnical arjd Environmental Sciences Consultants Signed and Printed Name: Title Principal Engineer Date August 28, 2023 City of Santa Ana RFP 23-123 Page A3-2 Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 i August 28, 2023 04 1 Certifications by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: - ' ' J�. i Title: Principal Engineer Firm: Ninyo & Moore Geotechnical and Environmental Sciences Consultants Date: August 28, 2023 City of Santa Ana RFP 23-123 Page A3-4 Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 Cjj§�.Ninya&/�oore Geotechnical & Environmental Sciences Consultants 475 Goddard, Suite 200 1 Irvine California 92618 1 p. 949.753.7070 1 f. 949.753.7071 ARIZONA I CALIFORNIA I COLORADO I NEVADA I TEXAS I UTAH ninyoandmoore.com EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable �. /fa/inya�/�►oore Professional Staff Principal Eng i neer/Geologist/Envi ron mental Scientist/Certified Industrial Hygienist $ 250 Senior Eng ineer/Geolog ist/Environ mental Scientist $ 235 Senior Project Eng i neer/Geologist/Envi ron mental Scientist $ 220 Project Engineer/Geologist/Environmental Scientist $ 210 Senior Staff Engineer/Geologist/Environmental Scientist $ 200 Staff Eng ineer/Geolog ist/Environ mental Scientist $ 180 GIS Analyst $ 160 Technical Illustrator/CAD Operator $ 140 Field Staff Certified Asbestos/Lead Technician $ 220 Field Operations Manager $ 150 Nondestructive Examination Technician (UT, MT, LP) $ 145 Supervisory Technician $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) $ 135 Senior Technician $ 135 Technician $ 130 Administrative Staff Information Specialist $ 120 Geotechnical/Environmental/Laboratory Assistant $ 120 Data Processor $ 95 Other Concrete Coring Equipment (includes technician) $ 190/hr Anchor Load Test Equipment (includes technician) $ 190/hr GPR Equipment $ 180/hr Inclinometer $ 100/hr Hand Auger Equipment $ 80/hr Rebar Locator (Pachometer) $ 25/hr Vapor Emission Kit $ 65/kit Nuclear Density Gauge $ 12/hr X-Ray Fluorescence $ 70/hr PID/FID $ 25/hr Air Sampling Pump $ 10/hr Field Vehicle $ 15/hr Expert Witness Testimony $ 450/hr Direct Expenses Cost plus 15 % Special equipment charges will be provided upon request. For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays. Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable. The terms and conditions are included in Ninyo & Moore's Work Authorization and Agreement form. Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 CA16 SOILS CONCRETE Atterberg Limits, D 4318, CT 204.............. $ 170 Compression Tests, 6x12 Cylinder, C 39................................................... $ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec ..................................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422.....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI............................... $ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro -Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157....................................................................$ 400 Consolidation -Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78....................................................................................... $ 85 Direct Shear- Remolded, D 3080............................................................$ 350 Flexural Test, C 293..................................................................................... $ 85 Direct Shear- Undisturbed, D 3080.........................................................$ 300 Flexural Test, CT 523................................................................................... $ 95 Durability Index, CT 229......................................................................... $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................ $ 275 Expansion Index, D 4829, IBC 18-3........................................................ $ 190 Lightweight Concrete Fill, Compression, C 495......................................... $ 80 Expansion Potential (Method A), D 4546................................................. $ 170 Petrographic Analysis, C 856......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496................................................................. $ 100 Hydrometer Analysis, D 6913, CT 203......................................................$ 220 3x6 Grout, (CLSM), C 39............................................................................. $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ...........................$ 120 2x2x2 Non -Shrink Grout, C 109.................................................................$ 55 Moisture Only, D 2216, CT 226.................................................................$ 35 Moisture and Density, D 2937...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220............................................................$ 300 Air Voids, T 269 ...........................................................$ 85 pH and Resistivity, CT 643................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) .............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec ........................................$ 180 Proctor Density with Rock Correction D 1557..........................................$ 340 Dust Proportioning, CT LP-4........................................................................ $ 85 R-value, D 2844, CT 301...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 .................... $ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Sieve Analysis, D 6913, CT 202............................................................... $ 145 Film Stripping, CT 302............................................................................. $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202............................................ $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 ......................... $ 225 Specific Gravity, D 854.............................................................................. $ 125 Marshall Stability, Flow and Unit Weight, T 245......................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309.................................. $ 150 Triaxial Shear, C.D, D 4767, T 297.................................................. $ 550 Moisture Content, CT 370............................................................................ $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt . $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371........ $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt $ 350 Slurry Wet Track Abrasion, D 3910 ............................ $ 150 Triaxial Shear, U.U., D 2850....................... ... $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) ... $ 4,900 Unconfined Compression, D 2166, T 208.. $ 180 Superpave, Gyratory Unit Wt., T 312 ............................. $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308...... $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............ $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2....... $ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ............ $ 90 Brick Efflorescence, C 67..........................................................................1 55 Wax Density, D 1188 $ 140 Brick Modulus of Rupture, C 67............................................................... $ 50 Brick Moisture as received, C 67..... $ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142.................................................... $ 180 Concrete Block Compression Test, 8x8xl6, C 140.................................$ 70 Cleanness Value, CT 227............................................................................ $ 180 Concrete Block Conformance Package, C 90.... $ 500 Crushed Particles, CT 205........................................................................... $ 175 Concrete Block Linear Shrinkage, C 426............. $ 200 Durability, Coarse or Fine, CT 229.............................................................. $ 205 Concrete Block Unit Weight and Absorption, C 140 .............................. $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 Cores, Compression or Shear Bond, CA Code ........................................$ 70 Flat and Elongated Particle, D 4791............................................................ $ 220 Masonry Grout, 3x3x6 prism compression, C 39.....................................$ 45 Lightweight Particles, C 123.................................................................$ 180 Masonry Mortar, 2x4 cylinder compression, C 109................................. $ 35 Los Angeles Abrasion, C 131 or C 535....................................................... $ 200 Masonry Prism, half size, compression, C 1019.................................. $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................. $ 90 Masonry Prism, Full size, compression, C 1019...... $ 200 Organic Impurities, C 40...........................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ................. $ 475 Fireproofing Density Test, UBC 7-6...........................................................$ 90 Sand Equivalent, T 176, CT 217............................................................... $ 125 Hardness Test, Rockwell, A 370...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................ $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136.................$ 145 per assembly, A 325............................................................................$ 150 Sodium Sulfate Soundness, C 88 ............................................................... $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI .......................... $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .................... $ 115 Pre -Stress Strand (7 wire), A 416.......................................................... $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ......................... $ 175 Reinforcing Tensile or Bend up to No.11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No.11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67..................................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67................................................ $ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo & Moore 12021 Laboratory Testing