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
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. (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 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 selfinsured 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.
(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 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.
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
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
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: [email protected]
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]
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: CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk
KRISTINE RIDGE
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
CONSULTANT:
By:
JONATHAN T. MARTINEZ
Assistant City Attorney
By: DANY HANNA
Title: Vice President
RECOMMENDED FOR APPROVAL:
NABIL SABA
Executive Director
Public Works Agency
EXHIBIT A
SCOPE OF SERVICES
City Council 17 – 144 11/21/2023
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 firm/s 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 A1-1 City Council 17 – 145 11/21/2023
• 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 A1-2 City Council 17 – 146 11/21/2023
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.
Project 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 A1-3 City Council 17 – 147 11/21/2023
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 A1-4 City Council 17 – 148 11/21/2023
EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 17 – 149 11/21/2023
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
August 28, 2023
24411 Ridge Route Drive, Suite 225
Laguna Hills, CA 92653
City Council 17 – 150 www.Kleinfelder.com 11/21/2023
TABLE OF CONTENTS
1. STATEMENT OF QUALIFICATIONS (SOQ)
A.
B.
Cover Letter ............................................................................................................1 Contract Agreement Statement and Willingness to Comply with Agreement Terms................................................................................................ 1-3 C.
D.
E.
F.
G.
Firm and Team Experience................................................................................. 1-3 Understanding of the Need ................................................................................1-13 Relevant Project Experience..............................................................................1-16 Willingness to Comply with Agreement Terms...................................................1-20 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
City CouncilCity of Santa Ana On-Call Geotechnical Engineering Services – No. 23-123 | Contents 17 – 151 11/21/2023 City Council 17 – 152 11/21/2023
City Council 17 – 153 11/21/2023
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, 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 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 PROVEN ON-CALL AGENCY
In Southern California, Kleinfelder provides as-needed EXPERIENCE 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.
As-Needed Public Agency 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
Through our as-needed contracts, Kleinfelder has
developed a proven track record of delivering highquality 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. Ontario Municipal Utilities Company
“Kleinfelder’s staff has and continues to
demonstrate an obligation to high
County of Riverside
City of Riverside
quality services and professionalism. County of Los Angeles 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
San Bernardino Associated Governments
Los Angeles County Sanitation Districts
Los Angeles Department of Water and
Power
State of CA Department of Water
Resources
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 3 17 – 154 11/21/2023 …thank you and your team for your exceptional performance during the geotechnical / environmental study of the southern portion of the Northeast Interceptor Sewer Phase 2A (NElS 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).
Kleinfelder Team Benefits
Our team’s capacity, diverse capabilities, and area-specific expertise align with the City’s projects and will provide a direct benefit to the City – facilitating reliable, cost-effective, constructible projects, with tangible schedule and value. 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.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 4 17 – 155 11/21/2023 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 3,000+
PUBLIC SECTOR FOUNDED EMPLOYEES
(STATE, LOCAL,
TRANSPORTATION) WE ARE ENGINEERS, SCIENTISTS,
AND CONSTRUCTION PROFESSIONALS
PRIVATE SECTOR
(OIL & GAS, POWER,
UTILITIES, INDUSTRIAL)
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 5 17 – 156 11/21/2023 Organizational Chart
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 6 17 – 157 11/21/2023 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.
Dany Hanna, PE – Project Manager / Principal Agent | (100% Available) Mr. Hanna has 22 years of experience serving as Education Project Manager, Program Manager, Principal-inCharge, and Contract Manager for multiple public MBA, Business Administration,
University of La Verne, La
agency contracts, including the City of Santa Ana, Verne, CA MS, Civil Engineering,
University of Nevada, Reno
BS, Civil Engineering, Notre
Dame University - Louaize,
Lebanon
Counties of Orange and Los Angeles, Orange County
Sanitation Districts, City of Ontario and Ontario Municipal Utilities Company, and various other Southern California agencies.
Mr. Hanna will be actively engaged throughout the life of the contract to provide qualified and committed individuals to 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
Eric Noel, PE, GE – Project/Task Order Manager | (90% Available) Mr. Noel has 33 years of experience performing and Education managing geotechnical field investigations. His
geotechnical engineering experience includes pipelines, bridges, large industrial complexes, commercial
BS, Civil Engineering,
California State Polytechnic
Univ., Pomona
developments, deep excavation, parking structures, MS, Geotechnical Engineering, California State
University, Long Beach
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.
Licenses
Professional Engineer – Civil,
No. 53513, CA
Geotechnical Engineering No.
2548, CA
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.
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
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 7 17 – 158 11/21/2023 Jeffery Waller, PE, GE – Project/Task Order Manager | (90% Available) Mr. Waller’s 22 years of experience has comprised Education management and leadership of geotechnical and
construction projects throughout southern California.
MS, Geotechnical
Engineering, California State
Polytechnic University,
Pomona
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.
BS, Civil Engineering,
California State Polytechnic
University, Pomona
Licenses
Professional Engineer – Civil,
No. 70342, CA
Geotechnical Engineering No.
2947, CA
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
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
Jeffrey Walker, PE, GE – Quality Assurance Manager | (90% Available) Mr. Walker has 33 years of experience performing and Education managing geotechnical engineering assignments. Mr. MS, Civil Engineering, Walker currently serves as a client account manager for University of California, Irvine several municipal clients including Orange County BS, Civil Engineering, Sanitation District, the Los Angeles Department of Water and Power, and Metropolitan Water District. He has been Principal-inCharge 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.
California Polytechnic State
University, San Luis Obispo
Licenses
Professional Engineer – Civil,
No. 51226, CA
Geotechnical Engineering No.
2402, CA
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
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
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 8 17 – 159 11/21/2023 Bryan Reese, CSP – Health and Safety | (90% Available)
Mr. Reese’s 19 years of experience includes field work, Education safety oversight, data evaluation, and report
preparation/review. As a field team leader, he oversaw
subcontractors and safety stewardship for multiple
BS, Biology, California State
Polytechnic University,
Pomona, California
methods of drilling and health and safety compliance Certifications 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.
Certified Safety Professional,
No. CSP-40075, BCSP
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
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 Eric Pond, PhD, PE – Senior Geotechnical Engineer | (90% Available) Dr. Pond has 33 years of engineering experience and Education has been responsible for project development,
management, and execution of large and complex
geotechnical and materials engineering and construction projects. He has supervised and executed many
PhD, Civil Engineering/
Geotechnical, Virginia
Polytechnic Institute & State
University
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.
MS, Civil Engineering/
Geotechnical, Virginia
Polytechnic Institute & State
University
BS, Civil Engineering,
University of Washington
Dr. Pond’s responsibilities include directing and supervising projects of all sizes throughout the geotechnical design and during construction for quality assurance and quality control.
Registrations
Professional Engineer – Civil,
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 I-405 Sepulveda Pass HOV Widening Project, METRO, Los Angeles, CA – Geotechnical Design Manager
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 9 17 – 160 11/21/2023 Bryan Crystal PE, GE – Senior Geotechnical Engineer | (90% Available) Mr. Crystal’s 27 years of experience has included Education shallow and deep foundation analysis design,
liquefaction studies, response spectra estimation, cone penetration testing (CPT) interpretation, flexible and
MS, Civil Engineering,
California State University,
San Diego, 2000
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.
BS, Civil Engineering,
California State University,
San Diego, 1997
Registrations
Professional Engineer – Civil,
No. 60445, CA
Geotechnical Engineering No.
2639, CA
Mr. Crystal’s responsibilities include technical support for earthworkrelated issues during construction, and technical oversight for testing and special inspection projects.
Mr. Crystal’s Key Public Agency Experience
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 Zia Zafir, PhD, PE, GE – Senior Seismic Engineer | (90% Available) Dr. Zafir has been actively involved on seismic hazard Education 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
on May 24, 2016. He is directly involved in establishing guidelines and standards for geological and geophysical investigations and reports produced by the California Geological Survey (CGS), public sector agencies, and private practitioners.
MS, Civil Engineering, Iowa
State University
BS, Geology, Civil Engineering,
University of Engineering and
Technology, Taxila
As Vice President for earthquake engineering at Kleinfelder and a nationally recognized expert in the field of seismic ground motions and seismic hazards such as liquefaction and lateral spreading. Dr. Zafir is actively involved on seismic hazard evaluations and seismic retrofit projects.
Registrations
Professional Engineer – Civil,
No. 6015, CA
Geotechnical Engineering No.
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, I-405 Sepulveda Pass High-Occupancy Vehicle (HOV) Project, Los Angeles – Principal Seismic Engineer
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 10 17 – 161 11/21/2023 Michael Cook, PG, CEG – Senior Engineering Geologist | (90% Available) Education
BS, Geology, California State
University, Los Angeles
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.
Registrations
Professional Geologist, CA No.
4890
Certified Engineering Geologist,
Mr. Cook’s responsibilities include geologic analysis as well as senior CA No. 1716 field services during construction including observation and review, coordinating with contractors.
Mr. Cook’s Key Public Agency Experience
Los Angeles County Department of Public Works, Rancho Los Amigos Site 1 Demolition and Make-Ready Project, Downey, CA – Engineering Geologist
Metro, I-405 Sepulveda Pass HOV Project, Los Angeles, CA – Senior Geologic Field Services LADWP Backwash Water Reclamation Ponds, Los Angeles, CA – Senior Geologic Analysis Richard Escandon, PG, CEG – Senior Engineering Geologist | (90% Available) Mr. Escandon has 45 years of experience in the field of Education engineering geology, performing and managing BS, Geology, University of multidisciplinary geologic and geotechnical investigations California, Los Angeles, 1978 for various projects. His project experience includes
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.
Graduate Studies, University of
California, Santa Barbara,
1979
Registrations
Professional Geologist, CA No.
3837
Mr. Escandon’s responsibilities include all levels of project development from planning and design to construction management.
Certified Engineering Geologist,
CA, No. 1213
Mr. Escandon’s Key Public Agency Experience
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
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 11 17 – 162 11/21/2023 Michelle Garde, PG, CEG – Senior Engineering Geologist | (90% Available) Ms. Garde has 21 years of experience in both Education
geotechnical and environmental projects, filling key roles BS, Geology, University of on large field investigations in Los Angeles, Orange and California, Santa Barbara San Diego Counties. Registrations
Ms. Garde’s responsibilities include large field
investigations, extensive drilling programs, and site characterization.
Professional Geologist, CA No.
8629
Certified Engineering Geologist,
CA, No. 2604
Ms. Garde’s Key Public Agency Experience
John Wayne Airport, P415 ARB Tower and Geophysical Services, Orange County, CA – Senior Engineering Geologist
Metro, I-405 Sepulveda Pass HOV Project, Los Angeles, CA – Senior Geologist Inglewood Transit Connector (ITC) Automated People Mover (APM) Project, Inglewood, CA – Senior Geologist
Christopher Barry – Special Inspector | (100% Available) Education
High School Diploma
Certifications
Mr. Barry has worked as an independent inspector from
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.
Reinforced Concrete Special
Inspector, No. 8817778, ICC
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.
Structural Masonry Special
Inspector, No. 8817778, ICC
Nuclear Gauge, No. 3667-121-
723-5564
Certified Coating Inspector, No.
108269
10-Hr Construction Safety and
Mr. Barry’s responsibilities include observation and testing of soils and Health, No. 26-007406840 construction materials, as well as special inspections. Concrete Field Testing Technician, Grade I, No.
015290328, ACI
Mr. Barry’s Key Public Agency Experience
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.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 12 17 – 163 11/21/2023 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:
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 13 17 – 164 11/21/2023 Kleinfelder’s history of providing comprehensive client service using the system above delivers a fullservice 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 brings value to the City with these features:
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.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 14 17 – 165 11/21/2023
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:
Task 2:
Task 3:
Task 4:
Task 5:
Task 6:
Meetings with the City of Santa Ana Project Manager
Data Review / Health and Safety Plan / Utility Clearance Field Exploration
Laboratory Testing
Engineering Analysis and Report
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 costeffective 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.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 15 17 – 166 11/21/2023 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 CLIENT BENEFITS Inspection Services | Santa Ana, CA 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.
Year Completed: Ongoing: 07/2021 – 07/2024 | Client: City of Santa Ana, Public Works Agency; Sean Thomas, PE Senior Civil Engineer / Project Manager, 714.647.5655;
[email protected]
Key Staff: Dany Hanna, PE, Contract Manager | Jeffery Waller, PE, GE, Geotechnical Engineer | Inspectors / Field & Laboratory Materials Testers: Chris Barry, Jeff Diaz, Michael Magana 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.
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. 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.
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.
2. Orange County Public Works On-Call Construction
Services, Geotechnical Engineering & Materials Testing, Construction Inspection Services | Orange County, CA
Year Completed: 2022 | Client: County of Orange, Blaine Thomann, Project Manager, County of Orange, 714-667-4996; [email protected] | Key Staff: Dany Hanna, PE | 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 oncall public relations and graphic design services from 2017 - August 2022.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 16 17 – 167 11/21/2023 Examples of relevant projects under this contract include the following:
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 | Various On-Calls including AsNeeded Professional Engineering Design Services, As-Needed Geotechnical and Materials Testing Services | Ontario, CA
Year Completed: 2014 – Ongoing | Client: City of Ontario, Dan Beers, CLIENT BENEFITS Design & Construction, Principal Project Manager, 909.395.2806; [email protected] | Key Staff: Dany Hanna, PE, GE | Jeffery Waller, PE, GE | Eric Noel, PE, GE
Responsive and Local
The depth of our team
and local operation
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.
enable us to identify the
appropriate in-house staff
and schedule for service
within hours of receiving
Examples of relevant projects under this contract include the following: requests.
D Street Storm Drain Relocation: The project consisted of undertaking the redevelopment of a parcel of land located on the southwest corner of the D Street and Sultana Avenue intersection. The property, owned by the City, includes an existing drain easement and 24-inch line which directs stormwater from drainage infrastructure located at the Our local Ontario staff and
laboratory minimize travel
costs and increase
laboratory testing and
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.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 17 17 – 168 11/21/2023
4. City of Industry On-Call Geotechnical and Environmental Engineering | City of Industry, CA Year Completed: 1993 – Ongoing | Client: City of Industry, Josh Nelson, City Engineer, 626.333.2211; [email protected] | Key Staff: Dany Hanna, PE, GE | Jeffery Waller, PE, GE | 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.
Examples of relevant projects under this contract include the following: CLIENT BENEFITS
One-Stop Shop. We have
provided the City of Industry with
a range of in-house services over
our 30-year relationship with the
City, eliminating learning curve
and saving time and costs.
Gale Avenue Pavement Evaluation: Evaluated the existing condition of the asphalt concrete pavement and provided design recommendations for the rehabilitation of Gale Avenue, from 1400 feet west of Stoner Creek Road to 400 feet east of Coiner Court. Low strength subgrade soils and high traffic 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 | City of Los Angeles , CA Year Completed: 1997 – Ongoing | Client: City of Los Angeles, Patrick Schmidt, Geotechnical Engineering Manager, 213.923.5984; [email protected] | Key Staff: Dany Hanna, PE, GE | Jeffery Waller, PE, GE | Eric Noel, PE, GE | 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.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 18 17 – 169 11/21/2023 Examples of relevant projects under this contract include the following:
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 | John Wayne Airport | Orange County, CA Year Completed: 2002 – Ongoing | Client: John Wayne Airport, Sean Lally, PE, Airport Engineer, 949.252.6013; [email protected] | 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 projects 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.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 19 17 – 170 11/21/2023 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.
Public Agency Reference Project Scope of Work
Josh Nelson, City Engineer
City of Industry
626-333-2211
On-Call Geotechnical and Environmental
Engineering
Project Description #4
1 2
3 [email protected]
Dan Beers, Principal Project Manager
City of Ontario / Ontario Municipal Utilities
District
909-395-2806 | C: 818-388-0212
[email protected]
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
Sean Lally, PE, Airport Engineer
John Wayne Airport
949.252.6013
As-Needed Geotechnical Engineering, Materials
Testing, Construction Observation, and Inspection
Project Description #6 [email protected]
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.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 20 17 – 171 11/21/2023
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 • Grading and Site Clearing • Material Testing • Pavement Design
• Ground Water - Dewatering and Seepage
Control Analysis
• Foundation Design
• Retaining Structures - submerged and
• Seismic Stability partially submerged
• Soil Liquefaction • Fill Compaction
• Slope Stability and Protection
• Construction Inspection
• Open and Braced Excavations (shallow)
• 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
Task 1 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
Task 2 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 City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 21 17 – 172 11/21/2023 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
Task 3 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
Task 4 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
Task 5 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 City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 22 17 – 173 11/21/2023 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 (S , S , S , and S ) for MS M1 DS D1 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 City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 23 17 – 174 11/21/2023 -
-
-
-
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 noticeto-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 Correspondence
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.
Quality Assurance and Quality 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.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 24 17 – 175 11/21/2023 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.
QUALITY
ASSURANCE
INDEPENDENT
TECHNICAL REVIEW QUALITY CONTROL PEER REVIEW
Documented
independent, routine,
and regular checking of programs that are
calculations, data
analysis, data
Planned and systematic Confirmation that the
actions, processes, and technical approach,
Confirmation that
appropriate QC, QA,
and an Independent
Technical Review was
conducted, and the
deliverable is suitable
for publication.
methodology,
designed to provide
confidence that
deliverables, test
calculations,
conclusions, and
transcription, tables, recommendations are
and reports is results, and inspections consistent with client performed by a meet requirements.
Purpose of the QA: to
confirm that the QC has scientific, and
occurred. architectural practices,
respectively.
expectations, as well as
designated QC person good engineering,
throughout the life of a
project. Purpose of the
QC: To fulfill quality
requirements.
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 City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 25 17 – 176 11/21/2023 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.
City Council City of Santa Ana On-Call Professional Engineering Services – RFP No. 23-123 | Page 26 17 – 177 11/21/2023
3. FEE PROPOSAL
Attached as separate file, per instructions.
City Council City of Santa Ana On-Call Professional Engineering Services – No. 23-123 17 – 178 11/21/2023
4. CERTIFICATIONS
Attachment 3-1: Non-Collusion Affidavit
Attachment 3-2: Non-Lobbying Certification
Attachment 3-3: Non-Discrimination Certification
City Council City of Santa Ana On-Call Professional Engineering Services – No. 23-123 17 – 179 11/21/2023 City Council 17 – 180 11/21/2023
City Council 17 – 181 11/21/2023
City Council 17 – 182 11/21/2023
City Council 17 – 183 11/21/2023
City Council 17 – 184 11/21/2023
EXHIBIT C
COMPENSATION
Consultant’s Fee Proposal including hourly rates, if applicable City Council 17 – 185 11/21/2023
KLEINFELDER FEE SCHEDULE FOR ON-CALL GEOTECHNICAL ENGINEERING SERVICES (RFP 23-123) CITY OF SANTA ANA, CALIFORNIA
PROFESSIONAL STAFF RATES*
Professional...............................................................................................................................
Staff Professional ......................................................................................................................
Project Professional...................................................................................................................
Senior Professional ...................................................................................................................
Principal Professional................................................................................................................
Senior Principal Professional..................................................................................................... $
$
$
$
$
$
120/ hour
150/ hour
175/ hour
200/ hour
225/ hour
275/ hour
Project Manager ........................................................................................................................
Senior Project Manager............................................................................................................. $
$
220/ hour
260/ hour
CAD Technician.........................................................................................................................
GIS Technician.......................................................................................................................... $
$
125/ hour
150/ hour
Project Controls Professional .................................................................................................... $ 130/ hour
TECHNICAL STAFF RATES
Field Soils & Materials Tester: Prevailing Wage Group 1..........................................................
Special Inspection & Batch Plant: Prevailing Wage Group 2 ....................................................
Non-destructive Testing: Prevailing Wage Group 3 ..................................................................
Special Inspector & Materials Tester: Non-Prevailing Wage..................................................... $
$
$
$
180 / hr.
185 / hr.
190 / hr.
98 / hr.
ADMINISTRATIVE STAFF RATES
Administrator .............................................................................................................................
Project Administrator ................................................................................................................. $
$
100/ hour
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 City Council 17 – 186 11/21/2023
BASIS 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 1st 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 City Council 17 – 187 11/21/2023
2023 KLEINFELDER FEE SCHEDULE FOR
GEOTECHNICAL and MATERIALS LABORATORY TESTING SERVICES
SOIL TESTS
SOIL DENSITY TESTS
Test
Standard Proctor
Modified Proctor
Rapid Determination of Compaction*
1-Point Proctor, Check Point
Proctor Oversize Correction
Treated Soil Proctor
Standard Test Method†
D698, T99
D1557, T180
D5080
T272
D4718
Fee
$
$
$
$
290
290
250
170
90 380
510
660
330
330
270
each
each
each
each
each
each
each
each
each
each
each
$
D558 $
Minimum and Maximum Relative Density
Maximum Density by Vibratory Hammer
Moisture/Density, TEX 113-E
Moisture/Density, TEX 114-E
D4254, D4253
D7382
TEX113-E
TEX114-E
CT216
$
$
$
$
California Impact, CT 216 $
*Field Test
SOIL CLASSIFICATION AND INDEX TESTS
Test
Visual Classification
Sieve Analysis, % Finer than No. 200 Sieve
Sieve Analysis, Fine
Sieve Analysis, Coarse
Sieve Analysis, Coarse and Fine
Hydrometer Analysis (Requires a Sieve Analysis, not included) D422, D7928 Water Content
Water Content and Dry Unit Weight
Atterberg Limits, Single Point
Atterberg Limits, Multiple Point
Soil Specific Gravity
Standard Test Method†
D2488
D1140
D422, D6913, T88
D422, D6913, T88
D422, D6913, T88
Fee
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
35 each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
110
155
155
200
185
D2216, D4363, T265 30
D2216, D2937, D7263
D4318-B, T89, T90
D4318-A, T89, T90
D854, T100
D2974-C
D1997
D4647
D4972, G51
D4221
D6572
55 145
220
270
150
320
630
70 330
105
190
85 Soil Organic Content
Fiber Content of Peat Soils
Pinhole Dispersion Classification
Soil pH
Double Hydrometer for Dispersive Soils
Crumb Test for Dispersive Soils
Soil Resistivity
Chloride Content
Sulfate Content
Thermal Resistivity, Per Point
Thermal Resistivity, Dry-Out Curve
G187
70 390
1140
D5334, IEEE 422
D5334, IEEE 422
†Common ASTM, AASHTO and DOT test methods.
•
•
Those beginning with A, B, C, D, E, F, or G are ASTM methods.
Those beginning with T are AASHTO methods.
Revised 1/2023
City Council 17 – 188 11/21/2023
2023 KLEINFELDER FEE SCHEDULE FOR
GEOTECHNICAL and MATERIALS LABORATORY TESTING SERVICES
SOIL TESTS (continued)
SOIL BEARING PRESSURE TESTS
Test Standard Test Method†
D1883, T193
D1883, T193
D2844
Fee
$
$
California Bearing Ratio, Single Point (proctor not included) California Bearing Ratio, 3 Points (proctor not included) Resistance R-Value
420
780
390
450
100
210
1140
210
440
1,320
235
570
220
500
7,150
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
$
Resistance R-Value of Treated Material
Rock Correction for R-Value
Stabilized Soil UC Strength, 1 Point (proctor not included) Stabilized Soil UC Strength, Set of 3
CT373, 1 Lime Content, w/o Opt. Moist.
CT373, 1 Lime Content
CT373, 3 Lime Contents
Eades and Grim Test (Opt. Lime Content)
Resilient Modulus
D2844
D2844
D1633, D5102
D1633, D5102
CT373
CT373
CT373
C977
T307
$
$
$
$
$
$
$
$
$
$
$
$
CTB Strength, Individual Specimen
CTB Strength, Set of 3, Without Design
CTB Complete Mix Design
SOIL STRENGTH AND PERMEABILITY TESTS
Test Standard Test Method† Fee
Pocket Penetration Value $ 35 each
Unconfined Compressive Strength
Direct Shear, 1 Point
Direct Shear, 3 Points
D2166, T208
D3080, T236
D3080, T236
D3080-Modified
D2435-Modified
D2435-A, T216-A
D2435-B, T216-B
D5333
D4546-A
D4546-B
D4546-C
D4829
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
170
180
470
300
410
540
760
310
360
210
570
235
210
540
470
600
1,485
250
760
360
2,145
2,145
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
Direct Shear, Residual Strength, Each Pt
Consolidation without Time Rate Plots
Consolidation with 2 Time Rate Plots
Consolidation, All Loads with Time Rates
Collapse Potential
One Dimensional Swell – Wetting After Loading, Series
One Dimensional Swell – Wetting After Loading
One Dimensional Swell – Loading After Wetting
Expansion Index
Denver Swell Test
Permeability, Rigid Wall
Permeability, Flexible Wall
Triaxial Compression, CU, 1 Point
Triaxial Compression, CU, 3 Points
Triaxial Compression, UU, 1 Point
Triaxial Compression, UU, 3 Points
Triaxial Compression, UU Saturated, 1 Point
Triaxial Test, TEX117E, Part I
D2434
D5084-C
D4767, T297
D4767, T297
D2850, T296
D2850, T296
D2850-Modified
TEX117E
Triaxial Test, TEX117E, Part II TEX117E
†Common ASTM, AASHTO and DOT test methods.
•
•
Those beginning with A, B, C, D, E, F, or G are ASTM methods.
Those beginning with T are AASHTO methods.
Revised 1/2023
City Council 17 – 189 11/21/2023
2023 KLEINFELDER FEE SCHEDULE FOR
GEOTECHNICAL and MATERIALS LABORATORY TESTING SERVICES
AGGREGATE TESTS
Test
Acid Solubility
ASR Reactivity, Long Method
ASR Reactivity, Short Method
Cleanness Value
Standard Test Method† Fee
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
220
2,035
1,140
200
125
100
175
180
190
115
125
350
240
240
780
90 180
110
155
155
200
180
80 each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
C227, C1293
C1260, C1567
CT227
Clay Lumps and Friable Particles, per size *(see note below) C142, T112 Coarse Specific Gravity & Absorption
Fine Specific Gravity & Absorption
Coarse Durability
C127, T85
C128, T84
D3744, T210
D3744, T210
D4791
D5821, T335
C123, T113
C535
C131, T96
C87, CT515
C40, T21
D2419, T176
C117, T11
C136, T27
C136, T27
C136, T27
C88, T104
C29, T19
Fine Durability
Flat and Elongated Particles, per size *(see note below) Fractured Faces, per size *(see note below)
Lightweight Pieces (Per specific gravity of heavy liquid) Los Angeles Abrasion, Large Aggregate
Los Angeles Abrasion, Small Aggregate
Mortar Sand Strength
Organic Impurities
Sand Equivalent
Sieve Analysis, % Finer than No. 200 Sieve
Sieve Analysis, Fine
Sieve Analysis, Coarse
Sieve Analysis, Coarse and Fine
Soundness of Aggregate, per size *(see note below)
Unit Weight
Water Content
Texas Wet Ball Mill
D2216, C566, T255
TEX116E
TEX406A
30 360
110
170
Decantation Wash
Uncompacted Void Content of Fine Aggregate C1252, T304
*Tests are billed by each size fraction tested. The quantity of fractions tested is dependent on the sample gradation and test method.
FILTER MEDIA TESTS
Test Standard Test Method†
AWWA B100
AWWA B100
Fee
$
$
$
$
Filter Media, Sieve Analysis (includes d10, d60, es, cu) Filter Media, Mohs Hardness
Filter Media, Percent Silica
Acid Solubility
220
220
240
220
each
each
each
AWWA B100 each
†Common ASTM, AASHTO and DOT test methods.
•
•
Those beginning with A, B, C, D, E, F, or G are ASTM methods.
Those beginning with T are AASHTO methods.
Revised 1/2023
City Council 17 – 190 11/21/2023
2023 KLEINFELDER FEE SCHEDULE FOR
GEOTECHNICAL and MATERIALS LABORATORY TESTING SERVICES
CONCRETE TESTS
Test Standard Test Method†
C39
Fee
Concrete Compression $ 40 each
each
each
each
Each
each
each
each
each
each
each
each
each
each
each
each
each
each
Concrete Core Compression
Concrete Flexural Strength
Hydraulic Cement Mortar Compression
Concrete Drying Shrinkage, set of 3*
Concrete Core Thickness
C42
C78
C109 (field cast)
C157
C174
$
$
$
$
100
125
40 610
55 1,485
2,400
500
125
190
190
40 85
85 900
500
55 $
Concrete Laboratory Trial Batch**
Concrete Time of Set by Penetration Resistance
Concrete Modulus of Elasticity
Concrete Splitting Tensile Strength
Concrete Absorption
Concrete Cylinder Unit Weight
Non-Shrink Grout Compression
Shotcrete Compression
C192
C403, C191
C469
C496
C497, C642
C567
C1107, C579
C1140, C1604
ACI 506.3
C1782
D2936, CRD C164
D4832
$
$
$
$
$
$
$
$
$
$
$
$
Shotcrete Core Grading
Concrete Paving Slab Modulus of Rupture
Concrete Direct Tensile
CLSM Compression
*For sets greater than 3, add $100 per prism
**Includes up to 9 cylinders (4x8 or 6x12) or 9 flex beams, additional cylinders, beams, or shrinkage prisms charged at individual unit rates .................... ROLLER COMPACTED CONCRETE TESTS
Test Standard Test Method†
C1435/C39
C1849
Fee
$
$
RCC Compression
RCC Air Content
65 50
50 1,600
750
4,800
2,000
each
each
each
each
each
each
each
RCC Unit Weight C1849 $
RCC Consistency and Density (VeBe)
RCC Accelerated Cure
RCC Trial Batch
C1170
C1768 - modified
ACI 211.1
$
$
$
RCC Aggregate Mixing ACI 211.1 $
MASONRY TESTS
Test Standard Test Method†
C1019, C942
C270, C780
CA DSA
C1314
C140
Fee
$
$
$
$
Masonry Grout Compression
Masonry Mortar Compression
Masonry Core Compression and Shear
Masonry Prism Compression
CMU Absorption and Received Moisture
CMU Compression
40 40
each
each
each
each
each
each
each
each
200
150
120
125
55 $
C140 $
CMU Dimension Verification
CMU Lineal Shrinkage
C140
C426
$
$ 300
†Common ASTM, AASHTO and DOT test methods.
•
•
Those beginning with A, B, C, D, E, F, or G are ASTM methods.
Those beginning with T are AASHTO methods.
Revised 1/2023
City Council 17 – 191 11/21/2023
2023 KLEINFELDER FEE SCHEDULE FOR
GEOTECHNICAL and MATERIALS LABORATORY TESTING SERVICES
ROCK TESTS
Test Standard Test Method†
D4543
Fee
Rock Sample Preparation $ 120
350
55 each
each
each
each
each
each
each
each
each
each
each
Rock Direct Shear, 1 Point
Rock Mohs Hardness
Rock Point Load Index, per Point*
Rock Slake Durability
Rock Splitting Tensile/Brazilian, per Point*
Rock Direct Tensile
D5607
IRSM
D5731
D4644
D3967
D2936
D7012-A
D7012-B
D7012-C
D7012-D
$
$
$
$
$
$
$
$
65 240
120
250
420
560
300
500
Rock Triaxial Compression
Rock Triaxial Compression w/Modulus of Rupture
Rock Unconfined Compression
Rock Unconfined Compression w/Modulus of Rupture
$
$
Above testing fees include routine sample preparation (end grinding) and sample photographs *Point load and splitting tensile test fees are per break, not per set of 10.
EMULSION TESTS
EMULSION TESTS
Test Standard Test Method†
D6930, T59
D6933, T59
D6930, T59
CT332
Fee
$
$
$
$
Emulsion Settlement
Emulsion Sieve Test
Emulsion Storage Stability
Emulsion Torsional Recovery
Particle Charge
280
125
220
190
125
140
190
420
each
each
each
each
each
each
each
each
D7402, T59 $
Residue by Evaporation
Saybolt Viscosity
Slurry Seal Wet Track Abrasion
D6934, T59
D7946, T59
D3910, ISSA TB100
$
$
$
†Common ASTM, AASHTO and DOT test methods.
•
•
Those beginning with A, B, C, D, E, F, or G are ASTM methods.
Those beginning with T are AASHTO methods.
Revised 1/2023
City Council 17 – 192 11/21/2023
2023 KLEINFELDER FEE SCHEDULE FOR
GEOTECHNICAL and MATERIALS LABORATORY TESTING SERVICES
ASPHALT TESTS
MIX PROPERTY TESTS
Test Standard Test Method†
D3203, AI-MS-2
AI-MS-2, CT-LP-2
AI-MS-2, CT-LP-2
AI-MS-2, CT-LP-2
T329
Fee
$
$
$
$
Air Voids Determination (calculation only)
VMA Determination (calculation only)
VFA Determination (calculation only)
Volumetric Properties (calculation only)
AC Moisture Content
65 65
65 55
each
each
each
each
each
each
each
each
each
each
each
each
each
$ 70
Gradation of Extracted Aggregate
AC Content by Extraction
D5444
D2172
$
$
150
260
190
420
420
220
210
600
AC Content by Ignition Oven D6307, T308 $
AC Ignition Oven Calibration (determination of mix correction) D6307 $ Hveem Stability D1560
D1560
D6927
CT305
$
$
$
$
Hveem Stability without Compaction
Marshall Stability and Flow (does not include compaction) AC Swell
DESIGN AND DENSITY TESTS
Test
AC Core Thickness
Standard Test Method†
D3549
D1188, D2726, D3549
D6925, T312
D1561
D6926
D2041
T283
CT307
T324
D1075
D6931
D6931
CT371
CT368
CT303
CT302
Fee
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
20 65
390
370
270
200
1,615
720
1,210
1,375
1,050
420
2,200
2,035
360
each
each
each
each
each
each
each
each
each
each
set/3
each
each
each
each
each
each
each
each
each
AC Core Unit Weight & Thickness
Unit Weight, Gyratory Method
Unit Weight, Hveem Method
Unit Weight, Marshall Method
Maximum Theoretical Specific Gravity
Moisture Induced Damage
Moisture Vapor Susceptibility
Hamburg Wheel Track, Set of 2
Index of Retained Strength
Indirect Tensile Strength (does not include compaction) Indirect Tensile Strength of Cored Specimen
Caltrans Tensile Strength Ratio
Caltrans Opt Bitumen Content OGFC
Centrifuge Kerosene Equivalent
Film Stripping
Mix Design, Hveem Method w/RAP
Mix Design, Hveem Method
Mix Design, Marshall Method
Mix Design, Superpave Method
180
CT367
CT367
AI-MS-2
AI-MS-2
8,580
6,600
3,575
8,250
†Common ASTM, AASHTO and DOT test methods.
•
•
Those beginning with A, B, C, D, E, F, or G are ASTM methods.
Those beginning with T are AASHTO methods.
Revised 1/2023
City Council 17 – 193 11/21/2023
2023 KLEINFELDER FEE SCHEDULE FOR
GEOTECHNICAL and MATERIALS LABORATORY TESTING SERVICES
METAL TESTS
BOLT TESTS
Test Standard Test Method†
F606
E18
Fee
$
$
Bolt Assembly Suite (Bolt, Nut, Washer) *
Bolt Hardness
285
40 55
55 40
55 40
each
each
each
each
each
each
each
Bolt Proof Load
Bolt Wedge Tensile
Nut Hardness
Nut Proof Load
Washer Hardness
F606
F606
E18
F606
E18
$
$
$
$
$
*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
Bend
Standard Test Method†
A370, E290
Fee
$ 55 each
each
each
each
each
each
each
each
each
Each
each
each
each
Rebar Tensile, up to No. 11
Rebar Tensile, No. 14 and No. 18
Rebar Coupler Slip
Rebar Coupler Tensile, up to No. 11
Rebar Coupler Tensile, No. 14 and No. 18
CT670 Strain (Elongation)
Headed Rebar Tensile, up to No. 11
Headed Rebar Tensile, No. 14 and No. 18
Modulus of Elasticity*
A370, E8
A370, E8
A370, A1034, CT670
A370, A1034, CT670
A370, A1034, CT670
CT670
A370, A970
A370, A970
A370
$
$
$
$
$
$
$
$
120
250
190
120
250
25 120
250
155
125
125
125
$
Epoxy Coating Thickness
Epoxy Coating Continuity – Holiday Test
A775, A934
A775, A934
$
$
Epoxy Flexibility - Bending A775, A934 $
*In addition to the testing fee.
METAL TESTS
Test
PT Strand Tensile
Anchor Bolt Tensile, up to 1.5” dia.
Anchor Bolt Tensile, greater than 1.5” dia.
Reduced Section Tensile*
Rockwell Hardness
Standard Test Method†
A370, A1061
F1554
F1554
A370
Fee
$
$
$
$
205
190
310
155
40 310
470
30 each
each
each
each
each
each
each
each
each
E18 $
Macroetch E381 $
Charpy Impact, Set of 3 **
Galvanization Thickness
Fireproofing Density
A370, A673
B499, E376
E605
$
$
$ 95
*Machining test specimens is not included. Additional fees for stress-strain diagram. **Machining test specimens is not included. Additional fees will be assessed for testing at temperatures other than 40°F. †Common ASTM, AASHTO and DOT test methods.
•
•
Those beginning with A, B, C, D, E, F, or G are ASTM methods.
Those beginning with T are AASHTO methods.
Revised 1/2023
City Council 17 – 194 11/21/2023
2023 KLEINFELDER FEE SCHEDULE FOR
GEOTECHNICAL and MATERIALS LABORATORY TESTING SERVICES
DIMENSION STONE AND ROOFING MATERIAL TESTS
DIMENSION STONE
Test Standard Test Method†
C97
C170
C880
C99
Fee
$
$
$
$
Dimension Stone, Absorption/Specific Gravity
Dimension Stone, Compressive Strength
Dimension Stone, Flexural Strength
Dimension Stone, Modulus of Rupture
280
280
280
280
set/5
set/5
set/5
set/5
MISCELLANEOUS TESTS
MISCELLANEOUS TESTS
Test
Hydraulic Ram Verification
Standard Test Method†
E4
Fee
$ 390
750
each
Tensile and Elastic Modulus Polymer Composite Materials D3039 $ set/5
SAMPLE PREPARATION
SAMPLE PREPARATION
Test
Rock Sample Preparation
Sample Crushing
Standard Test Method†
D4543
Fee
$
$
120
180
40 125
65 95
varies
10 each
each
each
each
each
each
each
each
Sample Cutting and Trimming
Sample Mixing and Processing
Sample Preparation
Sample Remolding
Contamination Fee
Sample Disposal Fee
$
$
$
$
$
$
†Common ASTM, AASHTO and DOT test methods.
•
•
Those beginning with A, B, C, D, E, F, or G are ASTM methods.
Those beginning with T are AASHTO methods.
Revised 1/2023
City Council 17 – 195 11/21/2023
Project Fee Summary
PROJECT FEE SUMMARY
CITY OF SANTA ANA ON-CALL GEOTECHNICAL ENGINEERING SERVICES (RFP 23-123) Senior
Principal
SUBCONSULTANT
FEE
Principal Project Senior Project Staff CAD Project TOTAL LABOR CATEGORY Professional Professional Manager Professional Professional Professional Technician Administrator HOURS LABOR FEE LAB FEE TOTAL FEE Billing rate ($/hr) $275.00 $225.00 $220.00 $200.00 $175.00 $150.00 $125.00 $125.00 Project Management Plan
Data Review/Utility Clearance
Field Exploration
Laboratory Testing
Engineering Analysis and Report
0 0
0 0
1 0
2 4
0 0
0 2
0 0
0 0
2 0
1 1
0 8
1 0
0 0
0 2
1 0
0 0
2 6 $1,155
$2,575
$1,900
$413
$0
$0
$0
$2,780
$0
$0
$0
$5,700
$0
$1,155
$2,575
$7,600
$3,193
$6,165
13 10
2 16
12 2.5
37 1
0.5 2 18 $6,165 $0
LABOR HOURS
FEE
1 5.5 6 2 10 44 2 3 73.5
$275 $1,238 $1,320 $400 $1,750 $6,600 $250 $375 $12,208 $2,780 $5,700 $20,688 City Council City of Santa Ana On-Call Professional Engineering Services – 17 – 196 RFP No. 23-123 11/21/2023
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 21st 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.
EXHIBIT 5
City Council 17 – 197 11/21/2023
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 City Council 17 – 198 11/21/2023
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 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. (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 City Council 17 – 199 11/21/2023
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 selfinsured 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.
(vii) Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
City Council 17 – 200 11/21/2023
• 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 City Council 17 – 201 11/21/2023
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.
City Council 17 – 202 11/21/2023
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 City Council 17 – 203 11/21/2023
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
City Council 17 – 204 11/21/2023
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:
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. c. 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]
Kristen Williams, PG
Area Leader
Leighton Consulting, Inc.
2600 Michelson Drive, Suite 400
Irvine, CA 92612
City Council 17 – 205 11/21/2023
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: CITY OF SANTA ANA
JENNIFER L. HALL KRISTINE RIDGE
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT:
SONIA R. CARVALHO
City Attorney
By:
JONATHAN T. MARTINEZ
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA
Executive Director
Public Works Agency
By:
Title:
LEIGHTON CONSULTING, INC.
Kristen Williams
Area Leader
City Council 17 – 206 11/21/2023
EXHIBIT A
SCOPE OF SERVICES
City Council 17 – 207 11/21/2023
City of Santa Ana RFP 23-123
Page A1-1
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 firm/s 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 Council 17 – 208 11/21/2023
City of Santa Ana RFP 23-123
Page A1-2
• 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 Council 17 – 209 11/21/2023
City of Santa Ana RFP 23-123
Page A1-3
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.
Project 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 Council 17 – 210 11/21/2023
City of Santa Ana RFP 23-123
Page A1-4
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 Council 17 – 211 11/21/2023
EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 17 – 212 11/21/2023
SOLUTIONS YOU CAN BUILD ON
www.leightongroup.com
Prepared for
Proposal to Provide
On-Call Geotechnical
Engineering Services
RFP No. 23-123
The City of Santa Ana
Public Works Agency
ORIGINAL
City Council 17 – 213 11/21/2023
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
TABLE OF CONTENTS
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SECTION 1: STATEMENT OF QUALIFICATIONS
City Council 17 – 215 11/21/2023
2600 Michelson Drive, Suite 400, Irvine, CA 926121 T: 949.250.1421 www.leightongroup.com
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
Project Manager | Associate Engineer
949.68.4218 | [email protected]
Djan Chandra, PE, GE
Principal in Charge | Sr. Principal Engineer
949.681.4267 | [email protected]
Project Office: 2600 Michelson Drive, Suite, 400, Irvine, CA 92612 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.
Kristen Williams, PG
Area Leader
City Council 17 – 216 11/21/2023
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 require improvement to and maintenance of critical public infrastructure. Our ability to provide efficient and expeditious geotechnical, environmental, and materials testing services lies with our experience and depth of staff. Our goal is to support and strengthen our client’s efforts by supplying experienced staff and resources that will provide reliable results, efficiently coordinated and reported to you and your staff while ensuring that public resources and taxpayer dollars are protected and well spent.
Why Leighton?
We know the City of Santa Ana. In addition to our
more than 60 years of experience as a firm, our team
has served the City of Santa Ana for more than a
decade. During this time, our staff have gained insight into your preferences and processes, including the City of Santa Ana Municipal Code (SAMC) and other
professional Standards established by the City, state,
and federal guidelines. We understand your dedication
to providing efficient, innovative and effective services to your community and are honored to have assisted
with that mission. We are confident that our continued
partnership would support the City’s overall goal of
creating a safe environment that allows your
community to realize a higher quality of life.
We’re local. Our local office and laboratory are 10
miles from Santa Ana City Hall, allowing for convenient, 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 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 BEST CHOICE FOR
SANTA ANA
62 Years
of Industry Experience,
incorporated in 1961
10 Miles
distance between
our HQ and City Hall
180 Professionals
offering a variety of specializations
8 Office Locations
Irvine HQ | Irvine Lab | Palm Desert
Rancho Cucamonga | San Diego + Lab
Santa Clarita | Temecula + Lab |
Ventura
Our Project Manager
Christian Delgadillo, PE, GE
Associate Engineer
949.68.4218 |
[email protected]
2 City Council 17 – 217 11/21/2023
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 | 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 | 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
3 City Council 17 – 218 11/21/2023
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.
Project Highlights: Experience with the City of Santa Ana
BRISTOL STREET 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 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.
WARNER INDUSTRIAL PARK 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.
Personnel Firm
CA Engineers + Geologists 65
GIS/AutoCAD 3
Lab Testing Technicians 14
Field Technicians 53
Special Inspectors 12
Materials Engineering Team 4
4 City Council 17 – 219 11/21/2023
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.
Field staff will be mobilized from our nearby Irvine office, with support from our other Southern California offices, as needed. Field staff personnel are dispatched using MetaField, which e-mails their assignments to their phone and/or tablet, so they can see the site 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 Leighton uses MetaField to
eliminate unnecessary paper
and provide you real time
data from the field, all in one
secure location.
5 City Council 17 – 220 11/21/2023
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
The Geotechnical Process
6 City Council 17 – 221 11/21/2023
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 WORKS| SANTA ANA, CA
BREA BOULEVARD CORRIDOR IMPROVEMENTS | 2017 -
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 | 2021 -
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.
7 City Council 17 – 222 11/21/2023
Central Jail Complex – Multiple Projects
ORANGE COUNTY SHERIFF-CORONER DEPARTMENT | 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 | SANTA ANA, CA
| 2019 – 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, slabon-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. 8 City Council 17 – 223 11/21/2023
Yorba Linda Water District Headquarters PFAS Treatment Facility
YORBA LINDA, CA
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 HIGHWAY AND BIG SKY LANE WATER MAIN REPLACEMENT | 2021 – 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 | 2022 – 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 | 2021 – PRESENT: 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-1h 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. 9 City Council 17 – 224 11/21/2023
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
400 S. Vicentia Avenue, Corona, CA 92882
Contact: Kenny Nguyen, PE | 951.817.5765
Services Provided: Geotechnical and Testing Services
Orange County Sheriff’s Department
550 N. Flower Street, Santa Ana, CA 92703
Contact: Greg Yi | 714.935.8479| [email protected]
Services Provided: Geotechnical and Testing Services
Yorba Linda Water District
1717 E. Miraloma Avenue, Placentia, CA 92870
Contact: Anmar Tohmeh, PE | 714.701.3109 | [email protected] Services Provided: Geotechnical Engineering Services
Orange County Public Works
601 N. Ross Street | Santa Ana, CA 92701
Contact: Austin Morgan | 714.647.3961 | [email protected] Services Provided: Geotechnical exploration and design
City of Anaheim
201 S. Anaheim Boulevard, Anaheim, CA 92805
Contact: Cesar Morales | 714.765.5286 | [email protected] Services Provided: Geotechnical and Environmental Consulting Services City of Newport Beach
100 Civic Center Drive | Newport Beach, CA 92660
Contact: Michael Sinacori | 949.644.3342 | [email protected] Services Provided: Geotechnical observation and testing; materials testing and special inspection
10 City Council 17 – 225 11/21/2023
SECTION 2: SCOPE OF WORK
City Council 17 – 226 11/21/2023
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.
City Council 17 – 227 11/21/2023
• 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) HOT MIX ASPHALT & PORTLAND CEMENT CONCRETE Sieve Analysis Maximum Density - Hveem
Specific Gravity (Coarse/Fine) Concrete Cylinder Compression Sand Equivalent Flexural Strength of Concrete
Durability Bulk specific Gravity of Compacted HMA
LA Rattler Asphalt Extraction by Ignition
Soundness (Sodium/Magnesium) Theoretical Maximum Density/Specific Gravity Organic Impurities 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).
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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.
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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 preconstruction 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.
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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 City Council 17 – 231 11/21/2023
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.
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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 fieldwork, and to help us avoid unproductive site visits. Contact on the weekends and holidays are not addressed until the first following working day, without prior arrangement. We request that you “partnerwith-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, Contact Leighton Dispatch
(866) LEIGHTON
[email protected]
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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
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SECTION 3: FEE PROPOSAL
Per instruction in the RFP, Leighton’s Fee Proposal is provided in a separately sealed envelope / in a separate file.
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SECTION 4: CERTIFICATIONS
Attachment 3-1 Non-Collusion Affidavit
Attachment 3-2: Non-Lobbying Certification
Attachment 3-3: Non-Discrimination Certifications
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EXHIBIT C
COMPENSATION
Consultant’s Fee Proposal including hourly rates, if applicable City Council 17 – 241 11/21/2023
Fee 8/2023 www.leightongroup.com Page 1 of 4
FEE SCHEDULE FOR THE CITY OF SANTA ANA
RATES EFFECTIVE FROM 11/19/2023 - 11/18/2026
GEOTECHNICAL LABORATORY TESTING
LABOR RATES
METHOD $/TEST
CLASSIFICATION & INDEX PROPERTIES
Photograph of 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 Particle size: ....................................................................................................... - Sieve only 1½ inch to #200 (AASHTO T27/ASTM C136/ASTM D6913/CTM 202)...145 - Large sieve 6 inch to #200 (AASHTO T27/ASTM 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 Single point shear......................................................................................... 115 Torsional shear (ASTM D6467 / ASTM D7608)....................................................880 METHOD $/TEST
COMPACTION & PAVEMENT SUBGRADE TESTS
Standard Proctor compaction, 4 points (ASTM D698)
- 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 T190/ASTM 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 CLASSIFICATION $/HR
Technician I...................................................................................................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 (O&M) Specialist....................................165 Non Destructive Testing (NDT).....................................................................175 Deputy Inspector ..........................................................................................130 Field / Laboratory Supervisor .......................................................................165 Source Inspector ..........................................................................................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 CAD Operator...............................................................................................155 GIS Specialist...............................................................................................155 GIS Analyst ..................................................................................................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 Senior Principal ............................................................................................345 City Council 17 – 242 11/21/2023
FEE SCHEDULE
Fee/2023 www.leightongroup.com Page 2 of 4
CONSTRUCTION MATERIALS LABORATORY TESTING
METHOD $/TEST
TRIAXIAL TESTS
Unconfined compression strength of cohesive soil (with stress/strain plot, ASTM D2166)..................................................................................................................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 METHOD $/TEST
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...........................1,290 Compressive strength of molded soil-cement cylinder (ASTM D1633)¹.............65 Soil-cement remolded specimen (for shear strength, consolidation, etc.) ¹............250 ¹ Compaction (ASTM D558 maximum density) should also be performed – not included in above price
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) ≤6 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” (AASHTO T96/ASTM C131/ CTM 211)...215 LA Rattler-larger coarse aggregate 1-3” (AASHTO T96/ASTM C535/CTM 211)....270 Apparent specific gravity of fine aggregate (AASHTO T84/ASTM C128/ CTM 208)...140 Specific gravity and absorption of coarse aggregate (ASTM C127/CTM 206) >#4 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 City Council 17 – 243 11/21/2023
FEE SCHEDULE
Fee/2023 www.leightongroup.com Page 3 of 4
EQUIPMENT LIST
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, ≤ up to 1-1/4” diameter, plain (ASTM A370)................70 A490 Bolts, tensile test, ≤ up to 1-1/4” diameter, galvanized (ASTM A370) ......80 A593 Bolts, tensile test, ≤ up to 1-1/4” diameter, stainless steel (ASTM A370)...70 F1554 Bolts, tensile test, ≤ up to 1-1/4” diameter, plain (ASTM A370)............ 110 F1554 Bolts, tensile test, ≤ up to 1-1/4” diameter, galvanized (ASTM A370)...130
SAMPLE TRANSPORT
Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) ... 95 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 (≤6-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 Hand auger set...................................................................................... 90 day HDPE safety fence (≤100 feet) ............................................................. 40 roll Horiba U-51 water quality meter.......................................................... 135 day Light tower (towable vertical mast)...................................................... 150 day Magnehelic gauge ................................................................................. 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 E1907) ........... 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 Turbidity meter ...................................................................................... 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
City Council 17 – 244 11/21/2023
Fee/2023 www.leightongroup.com Page 4 of 4
FEE SCHEDULE
TERMS AND CONDITIONS
z Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless
otherwise stated in an attached proposal.
z 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.
z 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.
z 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.
z 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.
z 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.
z Outside Direct Costs: Heavy equipment,
subcontractor fees and expenses, project-specific
permits and/or licenses, project-specific supplemental
insurance, travel, subsistence, project-specific
parking charges, shipping, reproduction, and other
reimbursable expenses will be invoiced at cost plus
20%, unless billed directly to and paid by client.
z Invoicing: Invoices are rendered monthly, payable
upon receipt in United States dollars. A service
charge of 1½-percent per month will be charged for
late payment.
z 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.
z 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.
z Construction Material Samples: After all
designated breaks for a given sample set meet
specified compressive at design age or other clientdesignated 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.
City Council 17 – 245 11/21/2023
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 21st 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”).
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 EXHIBIT 6
City Council 17 – 246 11/21/2023
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.
City Council 17 – 247 11/21/2023
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.
City Council 17 – 248 11/21/2023
(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 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 selfinsured 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.
City Council 17 – 249 11/21/2023
(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 City Council 17 – 250 11/21/2023
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.
City Council 17 – 251 11/21/2023
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 City Council 17 – 252 11/21/2023
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
City Council 17 – 253 11/21/2023