Santa Ana City Council
November 21, 2023

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
EARTH MECHANICS, INC. TO PROVIDE ON-CALL GEOTECHNICAL

ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 21st day of November, 2023 by and between Earth Mechanics, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On August 2, 2023 the City issued Request for Proposal (“RFP”) No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on-call basis for the City’s Public Works Agency.

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-123.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations includi ng all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in “Scope of Services - Exhibit A” attached hereto and incorporated by reference, and as further described in Consultant’s Proposal, attached hereto an incorporated herein by this reference as “Consultant’s Proposal - Exhibit B.”

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant’s Fee Proposal, which is attached hereto and fully incorporated herein by this reference as “Compensation - Exhibit C.” Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall not exceed the shared aggregate amount of $ 2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below.

EXHIBIT 2

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 Regu lations, 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 sub contractor 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 Statu s. 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 Consultan t may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
(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 r equired 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 th e 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 d ocuments 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 lic enses, 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 communicatio n 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:

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 b e 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 Agreeme nt, 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]

Alahesh Thurairajah
Principal
Earth Mechanics, Inc.
17800 Newhope Street, Suite B
Fountain Valley, CA 92708
Tel: 714-751-3826 ext. 112
Email: A.Thurairajah @earthmech.com

EXHIBIT A

SCOPE OF SERVICES

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 th e 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 A1-2

• 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 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 variet y 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 ra te 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 A1-4

City Responsibilities:

The City will provide information in its possession relevant to the prep aration 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 des igns, 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 propos ers 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 pr ograms 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.

EXHIBIT B

CONSULTANT’S PROPOSAL

Proposal
On
-
Call Geotechnical Engineering Services
City of Santa Ana, Public Works Agency
RFP 23
-
123
August 28, 2023
Glassell Street Bridge
Pacific Avenue Pavements
I
-
5 South County Improvements
First Street Bridge
Fairview Avenue Bridge

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services i

Table of Contents

1. STATEMENT OF QUALIFICATIONS .......................................................................... 1 a. Cover Letter ................................ ................................ ................................ ........................ 1 b. Contract Agreement Statement ................................ ................................ .......................... 3 c. Firm and Team Experience ................................ ................................ ................................ . 3 Earth Mechanics, Inc. (DBE/SBE) ................................ ................................ ...................... 3 Experience Performing Similar Work ................................ ................................ .................. 4 Specialty Subcontractors ................................ ................................ ................................ .... 6 Team Management ................................ ................................ ................................ ............ 6 Team Organization ................................ ................................ ................................ ............. 7 Additional Key Personnel ................................ ................................ ................................ ... 7 Availability ................................ ................................ ................................ .......................... 9 d. Understanding of Need ................................ ................................ ................................ ....... 9 Project Understanding ................................ ................................ ................................ ........ 9 Project Approach ................................ ................................ ................................ ...............10 e. Relevant Project Experience ................................ ................................ .............................11 f. Willingness to Comply with Agreement Terms ................................ ................................ ....15 g. References ................................ ................................ ................................ ........................15

2. SCOPE OF SERVICES AND SCHEDULE ...................................................................16 Scope of Services ................................ ................................ ................................ .................16 Schedule ................................ ................................ ................................ ............................... 18

3. FEE PROPOSAL ......................................................................................................19

4. CERTIFICATIONS ..................................................................................................19 APPENDIX - RESUMES ..............................................................................................19

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 1

1. STATEMENT OF QUALIFICATIONS
a. Cover Letter
August 28, 2023

Mr. Gilbert Castillo
City of Santa Ana
Public Works Agency
20 Civic Center Plaza, 3rd Floor Reception, Ross Annex
Santa Ana, CA 92701

Subject: Proposal for On-Call Geotechnical Engineering Services (RFP No. 23-123)

Dear Mr. Castillo:

The City of Santa Ana is seeking a geotechnical engineering consultant to assist with improvements proposed for streets and bridges, traffic safety, mobility enhancements, drainage, and other facilities. We have thoroughly reviewed the Statement of Work provided in the RFQ, as well as the Capital Improvement Program and understand the services desired, the nature of on-call contracts, and the resources needed.

EMI has successfully provided geotechnical engineering design and construction support services to City of Santa Ana and numerous other Cities and Counties throughout Southern California. We have provided services in the past on a variety of projects including bridges, retaining walls, roadways, pavement rehabilitation and reconstruction, low impact developments, utility improvements and park facilities which are ninety-five percent of EMI’s business in the region. EMI can provide comprehensive geotechnical services to the City, from the feasibility stage to the construction stage, including accomplishing geotechnical field explorations and laboratory testing, infiltration testing, conducting geotechnical analyses, and developing design and construction recommendations for the City’s future improvements. In addition, EMI has experience in landslide and slope stabilization, ground motion studies, evaluation of seismic hazards including seismically-induced landsliding, seismically-induced settlement, and liquefaction potential.

EMI has accomplished many geotechnical investigations throughout the City of Santa Ana and Orange County, and, as a result, we are familiar with the geology and soils throughout the City.

We believe EMI provides a well-qualified team that has earned a reputation for delivering cost- effective geotechnical solutions to public projects in the City. • Proven Project Manager – The designated project manager, Mr. Raj Pirathiviraj, has worked on multiple projects in the City and surrounding areas and is familiar with the protocols and standards. Mr. Pirathiviraj is familiar with the geologic and soil conditions throughout the City of Santa Ana. With EMI, Mr. Pirathiviraj has successfully managed several projects at any given time and has managed large projects that included multiple tasks happening concurrently. This is best exemplified by his recent successful management of geotechnical services for I-5 Widening Project between I-405 and Yale Avenue, which included two bridges, 13 retaining walls and sound walls, three infiltration basins, 21 overhead sign structures and 10-miles of pavement, with multiple tasks being performed concurrently. The geotechnical work totaled over $1-million and was completed on time and within budget.

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 2

• Ample Resources to Handle Multiple Tasks – All of the engineers and geologists shown on the organizational chart for this SOQ have extensive years of experience, which enables them to lead multiple and variable assignments of a geotechnical study. EMI also has excellent working relationships with a large pool of drilling contractors, reputable soil testing laboratories, underground utility locators and traffic control companies. • Special Expertise – EMI is recognized to have special expertise in soil liquefaction and ground motion evaluation, soil-structure interaction, and rock mechanics. EMI has applied this expertise which has resulted in significant cost savings on projects. EMI was recently involved in a bridge replacement project in Orange County (Edinger Avenue crossing Bolsa Chica Channel) where seismic design is a critical issue because the bridge site is located within a potential fault rupture zone. EMI prepared a technical memorandum – summarizing our recommendations for bridge foundation design within the fault rupture zone – which was reviewed and approved by the County of Orange Geologist with minimal comments.

EMI staff is familiar with the City of Santa Ana Municipal Code, and professional Standard established by the City such as engineering standards, plans and specifications, pavement management program, and computer-aided drafting standards. EMI staff is also familiar with grading requirements in the Standard Specifications for Public Works Construction (Greenbook), and seismic design requirements in the California Building Code. EMI is also familiar with design guidelines, criteria, and Plans and Specifications used by the California Department of Transportation. EMI is on the approved consultant list for on-call geotechnical services for the Orange County Public Works and cities of Irvine and Mission Viejo. EMI also currently provides on-call geotechnical services to the Ports of Los Angeles and Long Beach, and Counties of Santa Barbara and San Bernardino, Public Works department.

EMI technical staff is familiar with the latest seismic hazard publications including: (a) the Department of Conservation’s Special Publication (SP) 117A, Guidelines for Evaluating and Mitigating Seismic Hazards in California; (b) Southern California Earthquake Center’s document “Recommended Procedures for Implementation of SP 117, Guidelines for Analyzing and Mitigating Liquefaction in California;” and lastly, (c) Recommended Procedures for Implementation of DMG SP 117, Guidelines for Analyzing and Mitigating Landslide Hazards in California. A few members of EMI’s staff are co-authors of the “DMG SP 117, Guidelines for Analyzing and Mitigating Liquefaction in California” which is the widely recognized reference document for liquefaction evaluation.

EMI will provide geotechnical services from our headquarters located in Fountain Valley in Orange County, which has a Caltrans-certified soils and rock laboratory.

EMI is fully committed to providing the City of Santa Ana Public Works Agency with the highest quality service on time and within budget. We appreciate this opportunity to submit our SOQ and look forward to further discussions regarding our qualifications to serve the City of Santa Ana Public Works Agency.

Sincerely,
Earth Mechanics, Inc.

Alahesh Thurairajah, PE, GE, D.GE
Principal

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 3

b. Contract Agreement Statement
EMI has reviewed the contract agreement and takes no exceptions. c. Firm and Team Experience
Earth Mechanics, Inc. (EMI) has ample resources and expertise to produce deliverables for multiple task orders to support the City of Santa Ana’s On-Call Geotechnical Engineering Services contract. EMI has prior public project experience, knowledge of geologic and subsurface conditions in Santa Ana, and experience in delivering on-call task orders.

Earth Mechanics, Inc. (DBE/SBE)
EMI, a California company, has provided exceptional
geotechnical and earthquake engineering and
geology consulting services to numerous California
public agencies since its founding in 1989 and is
firmly committed to maintaining that tradition. EMI
specializes in conducting geotechnical and geologic
site investigations and laboratory testing, performing
seismic hazard and earthquake retrofit evaluations,
performing pavement condition evaluations and
pavement design, conducting percolation testing for
low impact developments (LID), and developing
grading and foundation design for infrastructure
projects including roadways, bridges, active
transportation, and drainage facilities.

EMI is experienced in evaluating and remediating
slopes and landslides, evaluating the seismic stability of slopes, evaluating seismic performance of
foundations, and ground improvement
methodologies.

EMI has provided geotechnical services to the City of
Santa Ana for over 20 years on projects including the
Bristol Street Bridge over Santiago Creek, the
Memory Lane Street and Bridge Widening, the First
Street Bridge Replacement over the Santa Ana
River, and the Fairview Street Bridge Replacement
over the Santa Ana River. Thus, EMI has extensive
knowledge of
professional standard
established by the City
of Santa Ana such as
engineering standards,
plans and
specifications,
pavement management
program, and
computer-aided drafting standards, and has a
comprehensive understanding of the geotechnical
and geologic conditions in the City.

Year Founded: 1989
Form of the Organization: Corporation (CA)
Number of employees: 38
Office Locations:

Headquarters
Earth Mechanics, Inc. (DBE/SBE)
17800 Newhope Street, Suite B
Fountain Valley, CA 92708
Contact: Raj S. Pirathiviraj, Project Manager
(714) 751-3826
[email protected]

Services:
▪ Field Exploration – Borehole Drilling, Soil
and Rock Sampling
▪ Geologic Studies – Trenching, Down-Hole
Logging, and Fault Investigations
▪ Laboratory Soil Testing – ASTM and
Caltrans Test Methods
▪ Engineering Analysis and Design –
Foundation Design, Slope Stability,
Liquefaction and Settlement Evaluation,
Pavement Design, Lateral Pressures for
Retaining Structures, and Finite Difference
and Finite Element Analysis
▪ Third-Party Geotechnical Reviews
▪ Construction Support – Pile Driving
Monitoring, Drilled Shaft Inspection, Grading
Inspections, and Soil and Asphalt Concrete
Compaction Testing
▪ Special Studies – Pile Load Tests, Aerial
Deposited Lead, and Software Development

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 4

EMI’s technical staff is very familiar and up to date with Standards and Specifications published by City of Santa Ana, County of Orange, California Department of Transportation (Caltrans), Federal Highway Administration (FHWA), American Association of State Highway and Transportation Officials (AASHTO), Federal Transit Administration (FTA), American Railway Engineering and Maintenance-of-Way Association (AREMA), and ATC (Applied Technology Council), and several other local agencies, as well as design manuals and guidelines published by Caltrans. EMI was the prime geotechnical consultant on the ATC-32 project responsible for the review and modification of the foundation section of the widely used Caltrans Bridge Design Specifications.

The majority of the geotechnical field investigations conducted by EMI have been performed on public property, requiring field exploration permits from various public agencies. EMI staff understands the protocols and requirements of the permitting process, including encroachment and drilling permits from City of Santa Ana; permits from state agencies such as Caltrans, State and Regional Water Quality Control Boards, and State Department of Fish and Game; and permits from federal agencies such as the US Army Corps and US Fish and Wildlife.

With a staff of 38, EMI has offices located throughout California with the headquarters in Fountain Valley, which is the base for 27 of our staff. For this contract, work will be done from our Fountain Valley office, which has a Caltrans-certified soils and a rock laboratory. EMI is certified as a DBE through the California Unified Certification Program (#6956).

Experience Performing Similar Work
On-Call Contract Experience
EMI has provided on-call geotechnical engineering services to several public agencies for a variety of projects. Recently, EMI was selected to be on Orange County Public Work (OCPW) approved consultant list for on-call geotechnical engineering services. EMI has also provided on-call geotechnical engineering services for cities of Irvine and Mission Viejo, Ports of Los Angeles and Long Beach and Counties of San Bernardino and Santa Barbara. Also, EMI provided on-call geotechnical report review services and field grading inspection service to the City of Orange for several years. EMI staff has reviewed hundreds of preliminary geotechnical investigation reports, and rough and precise grading reports for residential, commercial, and industrial developments in the flatland and hillsides of Orange County. We are also currently under contract with the Port of Los Angeles to provide on-call geotechnical services for their port-wide transportation projects as part of their transportation planning and enhancement program.

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 5

Roadways and Pavements
EMI has provided geotechnical services for multiple
roadway improvement projects for cities and counties.

These projects generally involved rehabilitation,
reconstruction and/or widening of the existing roadways and construction of new roadways. EMI’s scope of work
generally involves pavement condition survey, coring
existing asphalt or concrete pavement to assess the
conditions of the pavement structural sections, collecting soil samples to assess the subsurface conditions, assessing expansion potential of subsurface soils and providing mitigation measures, providing rehabilitation options, recommending pavement structural sections for full depth replacement or new construction and preparing geotechnical report to present our findings and recommendations.

Interchanges, Bridges, and Freeway Widening
EMI has provided geotechnical services for dozens of interchange and freeway improvement projects, which generally involved interchange reconfigurations, mainline and ramp widening, and local roadway widening. Improvements included new bridges or bridge widening, earth retaining structures, drainage structures, fill embankments, cut slopes, flexible and rigid pavement sections, sound walls, infiltration basins, and overhead sign structures. On numerous projects, we have been involved from the project planning phase through final design and construction support. We have conducted literature searches, reviewed published geologic maps and other geotechnical documents, and conducted site reconnaissance and geologic mapping to support the preliminary phase of design. We secured required encroachment permits; conducted field investigations and laboratory testing; performed geotechnical analyses and design; and prepared geotechnical and foundation reports for final design.

Earth Retaining Systems
EMI has provided foundation investigation and geotechnical design services for numerous retaining structures throughout California. We have experience with conventional cast-in- place walls, sub-horizontal ground anchor walls, walls with vertical anchors, soil nail walls, Mechanically Stabilized Earth (MSE) Walls, secant pile and tangent pile walls, and
permanently strutted walls. We have also conducted
evaluations and provided recommendations for temporary
shoring walls (soldier beam and lagging, sheet pile) up to 60 feet tall. During the course of engineering the walls, EMI evaluated the use of shallow and deep foundations, provided lateral pressure recommendations, assessed the potential for geologic loading against walls due to adverse bedding, estimated bond strength for vertical and sub-horizontal ground anchors and soil nails, provided un-bonded and bonded length recommendations for ground anchors, and evaluated the global stability of retaining walls.

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 6

Specialty Subcontractors
We have listed other firms that could be utilized should their specialty be needed on a particular task order. Having worked together on previous projects, we understand each firm’s strengths and would be able to maximize their capabilities, availability of equipment, and schedule constraints.

Sub-Contracted Services Specialty Subcontractors
Drilling 2R Drilling, SoCal Drilling, Gregg Drilling
Cone Penetration Testing Kehoe Testing and Engineering
Traffic Control Hi-Way Safety
Geophysical Survey GeoVision
Soil and Water Chemical Testing Test America
Hazardous Materials Investigation Black Rock Geosciences Transport, Storage & Disposal of Soil Cuttings American Integrated Services

Team Management
The designated Project Manager (PM), Mr. Raj S. Pirathiviraj, PE, GE, will have the ultimate responsibility of successfully completing services for the City on schedule and within budget.

Raj S. Pirathiviraj, PE, GE | Project Manager
Experience: 19 Years (9 Years with EMI)
Registration: Geotechnical Engineer, CA #2963; Civil Engineer, CA #71662 Education: MS, Civil Engineering; BS, Civil Engineering Raj S. Pirathiviraj has 19 years of varied experience conducting and managing geotechnical studies for highway and railroad bridges, roadways and pavements, airports, flood control facilities, retaining structures, buildings, and low impact development BMPs. His experience has included project management, construction monitoring, dam inspection, pavement condition evaluation, levee repair, and various geotechnical engineering services. Raj’s areas of expertise include design of deep and shallow foundations for bridges, walls, sign structures, airport traffic control towers and light rail system, stability and repair of levees, pile drivability analysis, probabilistic and deterministic seismic hazard evaluation, liquefaction and seismic settlement analysis, static and pseudo-static slope stability analyses and evaluating pavement conditions, rehabilitations, and replacements. He has provided construction support including plan reviews, observation and inspection of driven piles, excavations, and engineering fill placements. Current functional responsibilities include: managing multiple projects and tasks; coordinating with various clients and agencies; preparing scopes of work and budgets for geotechnical services; planning and coordinating field investigations, infiltration testing, pavement evaluations and laboratory testing programs; conducting and reviewing geotechnical analyses and providing design parameters and recommendations; responding to RFIs during construction; and preparing various reports and memorandums. As Project Manager, he will be responsible for assigning resources for each task order, tracking schedule and monitoring project spending, working with task managers to identify and resolve issues, and advising the City of the project status. His project experience includes:
▪ Santa Ana Zoo Parking Lot, Santa Ana, CA
▪ Valencia Drive and Basque Avenue Reconstruction, Fullerton, CA ▪ Pacific Avenue Pedestrian and Bicycle Improvement Project, Jurupa Valley, CA

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 7

Raj will be the single point of contact for all communication between the City and EMI. All decision-making authority on this contract will reside with Raj, thereby reducing unnecessary delays due to “red tape” of organizational hierarchy. At the request of the City, Raj will attend in- person office and field meetings, and virtual conferences to coordinate services and resolve issues.

Team Organization
Raj has hand-picked a team of qualified engineers, geologists, and technicians to deliver a variety of task orders. The organization chart below represents the team’s organization, lines of communication, and reporting relationships.

Additional Key Personnel
EMI derives its strength from a group of experienced engineers and geologists. Each member has a different specialty, ranging from conventional site investigation to complex experimental and analytical modeling. Brief descriptions of our key personnel’s experience are presented below. Resumes for all team members listed on the organization chart are in the Appendix.

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 8

Alahesh Thurairajah, PE, GE, DGE
Principal & QA/QC Manager
Relevant Experience
✓ Orange County experience
✓ Served as QC reviewer for
many EMI projects
✓ Recognized expert in soil
liquefaction and foundation
design

Years of Experience
14 years (12 years with EMI)
Registrations
Geotechnical Engineer, California, GE 3123, 2018
Civil Engineer, California, PE 81439, 2013
Education
MS, Civil Engineering, University of California, Los Angeles, 2011 BS Magna Cum Laude, Civil Engineering, California State Polytechnic University, Pomona, 2010

Andrew Korkos, PE, GE
Geotechnical Design Task Manager
Relevant Experience
✓ Orange County experience
✓ Flood Control, Pavement, and
Grading expertise
✓ Familiarity with City protocols
and design guidelines and
criteria

Years of Experience
36 years (26 years with EMI)
Registrations
Geotechnical Engineer, California, GE 2357, 1997
Civil Engineer, California, PE 44544, 1987
Education
MS, Civil Engineering, California State University, Long Beach, 1989 BS, Civil Engineering, California State University, Long Beach, 1985

Michael Hoshiyama, PG, CEG
Field Investigation & Geology Task Manager
Relevant Experience
✓ Extensive experience in
securing encroachment
permits
✓ Familiar with Orange County
geology
✓ Experienced in geologic
mapping, subsurface
geotechnical investigation and
logging exploratory borings

Years of Experience
16 years (12 years with EMI)
Registrations
Certified Engineering Geologist, California, CEG 2599, 2013 Registered Geologist, California, PG 8864, 2011
Education
BS, Earth Sciences, University of California, Santa Barbara, 2006 Jianmin Fang
Field Investigation, Laboratory Testing & Construction
Inspection Task Manager
Relevant Experience
✓ Orange County experience
✓ HBP bridge experience
✓ Familiar with requirements in
the Caltrans Soil and Logging
Manual

Years of Experience
32 years (15 years with EMI)
Certification
Caltrans Certified Soil Tester
Education
BS, Engineering Mechanics, HeHai University, China, 1990

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 9

Availability
EMI routinely serves municipal clients and Caltrans through on-call geotechnical contracts and is fully aware of the need to provide services with short notice (sometimes within 24 hours) and complete the assignment under a demanding schedule (one day turnaround). EMI has ample resources to cover the anticipated workload including concurrent task orders, peak demands, and expedited schedules. Table 1. Team/Staff Role, Availability and Qualifications demonstrates that EMI has sufficient availability and relevant expertise to meet the needs of the City.

Table 1. Team/Staff Role, Availability and Qualifications

d. Understanding of Need
Project Understanding
EMI envisions that the process by which services will be provided will begin with an initial request from the City’s Project Manager. The City’s Project Manager will provide specific information regarding the project and proposed improvements including providing a plan showing the location, limits, features, etc. of the proposed improvements. Once this information is provided to EMI, a geotechnical scope of work and cost estimate for geotechnical services can be developed and submitted to the City for review. After receiving notice to proceed (NTP), EMI will begin the geotechnical work.

N ame Years o f
Experience
Field Investigation and Lab Testing
Field Monitoring and Instrumentations
Soil Classification and Analysis
Materials Testing
Ground Water-Dewatering and Seepage Control
AnalysisSeismic Stability
Soil Liquefaction
Slope Stability and Protection
Construction and Special Inspection
Open and Braced Excavations (shallow)
Grading, Site Clearing and Fill Compaction
Pavement Design
Foundation Design
Retaining Structures-submerged and partially
submergedSubsurface Geotechnical Investigation
Infiltration Testing
Geotechnical Report Preparation
Grading Plan & Geotechnical Report Review
Alahesh Thurairajah, PE, GE, D.GE 14 u u u u u u u u u u u Raj Pirathiviraj, PE, GE 19 u u u u u u u u u u u u u u u u u u Andy Korkos, PE, GE 37 u u u u u u u u u u u u
Mike Kapuskar, PE, GE 35 u u u u u u u u u u u
Pratha Ragavan, PE 6 u u u u u u u u u u u
Dane Nicklaus, PE 8 u u u u u u u u u u u
Michael Hoshiyama, PG, CEG 17 u u u u u u u u u u
Wendy Drummond, PG, CEG 33 u u u u u u u u
Jianmin Fang 33 u u u u u u
Tom Pongsakornpatara 21 u u u u u u u u u
Kiat Kaekul 32 u u u u u u u u
Thomas Fiestel, PG 5 u u u u u u u uConstruction Monitoring 50%

SUMMARY OF TEAM EXPERIENCE
Field Exploration/Analyses 75%
Lab Testing Task Leader 50%
Construction Monitoring 50%
Analyses/Report Preparation 60%
Exploration/Constr. Task Leader 70%
Geology 70%
Analyses/Report Preparation 60%

STAFF QUALIFICATIONS
P ro ject A ssignment A vailability
Principal & QA/QC Reviewer 15%
Analyses/Report Preparation 70%
Project Manager 80%
Analyses/Report Preparation 60%

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 10

Project Approach
Effective Communication
During this project, the City can be confident that the EMI project management team will be available to them at all times, 24/7, should the need arise. Each member of our management team is highly qualified, experienced, and fully capable of addressing project concerns.

The communications chain-of-command is a simple, linear path that begins with the Project Manager, Raj Pirathiviraj. Should he be unavailable for any reason the Principal and QA/QC Manager, Alahesh Thurairajah, will be the next point of contact. Both have the authority to mobilize resources at any time.

Project Manager Principal & QA/QC Manager
Raj S. Pirathiviraj
Office: 714-751-3826, Ext. 104
Cell: 949-292-2212
Email: [email protected]
Alahesh Thurairajah
Office: 714-751-3826, Ext. 112
Cell: 951-333-3648
Email: [email protected]
Schedule Control
The City’s PM will establish the schedule for geotechnical review services provided by EMI. EMI will adhere to the City’s established turnaround time for geotechnical report reviews. EMI’s PM will closely monitor the progress of services to identify and correct at the outset any potential schedule delays. The progress of geotechnical services will be checked against completion dates set forth by the City to assure that tasks are completed on time. EMI’s PM will inform personnel of any deviation from the schedule and take appropriate action to place work back on track.

EMI has provided on-call geotechnical report review and grading inspection services to public agencies and is fully aware of the need to provide services with short notice (sometimes within 24 hours) and complete the assignment under a demanding schedule (one day turnaround).

EMI has a history of meeting schedules on time. The City is encouraged to check with the references listed on our representative projects concerning our response time and performance.

Budget Control
EMI anticipates the report review and grading inspection services will be provided on a time and materials basis. The Project Manager will keep track of the time, personnel, and resources used to complete each project task. Generally, the Project Manager receives weekly reports on expenditures, budget status, and hours expended by task. These weekly reports are generated using QuickBooks software. The expenditure status and hours can be compared to the budgeted amount for quick identification of discrepancies.

Quality Control
EMI will adhere to the procedures and practices outlined in EMI’s Quality Assurance Manual. In general, Quality Control is provided through a three-step process:
• Self-Checking and Internal Peer Review. A mandatory review for all EMI personnel takes place throughout the duration of the project. All work performed by team members is checked by the originator of the work and by another EMI geologist or engineer. • Project Manager Review. A review conducted by the EMI PM to check adequacy, clarity, and completeness of review comments, and satisfaction of project objectives. • Principal’s Review. A review concentrating on questions of liability, general organization, and presentation of information.

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 11

e. Relevant Project Experience
As a firm working almost entirely in the public sector, EMI has ample relevant project experience completed in Southern California within the past five years. Some of those projects are highlighted below and include references who can attest to EMI and its staff’s satisfactory performance.

Fairview Street Widening and Bridge Replacement, Santa Ana, CA Reference Contract Details Relevance
City of Santa Ana
Prime Reference: WKE/HDR
Dan Weddell, Project Manager
(714) 442-2823
[email protected]
EMI Fee: $120,000
Dates: 2017 - 2022
Key Staff: Andrew
Korkos
• Subsurface geotechnical
investigation
• Pavement design
• Foundation reports
The project involves widening Fairview Street between 9th Street and 16th Street from a 4-lane roadway to a 6-lane arterial which includes a bridge replacement funded through HBP.

Principal Elements: (1) EMI conducted the geotechnical field investigation, laboratory soil testing, and the foundation analysis to support the structural engineer in selecting the most appropriate foundation type and determining the required foundation depths. (2) EMI also provided pavement design, infiltration basin percolation testing, and geotechnical recommendations consistent with USACOE requirements for channel reconstruction.

Special Features: Coordination with the City of Santa Ana, OC Flood Control, and USACOE was essential in obtaining the necessary permits for the geotechnical borings.

City of Jurupa Valley, Pacific Avenue Pedestrian and Bicycle Improvements Reference Contract Details Relevance
Prime Reference: EXP U.S. Service, Inc.

Portia Gonzalez, P.E., QSD/QSP Project
Manager
(949) 257-5340
[email protected]
EMI Fee: $9,950
Dates: 2022
Key Staff: Raj
Pirathiviraj, Pratha
Ragavan
• Subsurface geotechnical
investigation including
pavement corings
• Pavement condition survey
• Pavement rehabilitation
• Pavement design
• Grading and site clearing
The city of Jurupa Valley proposes to construct new sidewalks, curb and gutters, and rehabilitate existing pavements and widen the existing roadway along Pacific Avenue between Limonite Avenue and Mission Boulevard.

Principal Elements: (1) A visual pavement survey was performed to assess the condition of the existing pavements along project alignment; (2) A geotechnical field investigation was

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 12

conducted to collect soil samples and core samples of existing pavements; (3) Evaluate rehabilitation options and coordinate with the City; (4) Performed pavement design; (5) Prepared geotechnical report.

Special Features: Pavement rehabilitation consist of milling the existing asphalt concrete surface, placing an interlayer such as Asphalt Rubber Aggregate Membrane (ARAM) interlayer and overlaying new asphalt concrete. Based on the existing thickness of the asphalt concrete, a minimum of 2 inches of milling is recommended for the entire width of the roadway.

RCTD, Good Hope Paving Project, Riverside County, CA
Reference Contract Details Relevance
Prime Reference: Michael Baker
International
Danny Walden, P.E., Project Manager
Ph: (909) 974-4921
Email: [email protected]
EMI Fee: $20,600
Dates: 2022
Key Staff: Raj
Pirathiviraj, Alahesh
Thurairajah
• Subsurface geotechnical
investigation
• New roadway
• Pavement design
• Grading and site clearing
County of Riverside Transportation Department (RCTD)
proposes to construct new asphalt concrete roadway segments at various streets. The project is in the Community of Good Hope within the county of Riverside, California.

Principal Elements: (1) A geotechnical field investigation was conducted to collect soil samples; (2) Performed pavement design for new roadways; (3) Prepared geotechnical report.

Special Features: Existing conditions are exposed dirt.

Proposed project consists of paved roadways with graded shoulders or AC dike on both sides of the streets as warranted.

OCPW, Huntington Beach-Talbert Channel Sheet Pile Repair Design-Build, Huntington Beach, CA
Reference Contract Details Relevance
Orange County Public Works (OCPW)
Amit Verma, Project Manager
(714) 647-3908
[email protected]
EMI Fee: $325,000
Dates: 2020 - Ongoing
Key Staff: Andrew
Korkos, Michael
Hoshiyama
• Channel levee improvements
• Subsurface geotechnical
investigation
• Soil classifications and
analysis
• Soil liquefaction
• Stability of slopes under static
and seismic conditions
• FEMA levee recertification

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 13

The Huntington Beach (HB) Channel and the Talbert Channel are in the southeastern area of the City of Huntington Beach. The project involved replacing and repairing portions of the existing sheet pile walls that have corroded and degraded over time.

The HB Channel, within the sheet pile replacement limits, is asymmetrical in cross-section and consists of a single earthen levee retained by sheet piles along the northeast side of the channel, and a small graded earthen slope on the southwest side of the channel adjacent to wetlands. The Talbert Channel is a symmetrical channel formed by two rows of sheet pile walls, one wall along the east levee and one wall along the west levee.

Generally, the sheet pile replacement involved installing new sheet piles immediately behind the existing sheet piles and leaving the existing sheet piles in place. The total combined length, along both channels, of the replacement sheet pile walls was approximately 16,157 feet.

EMI completed a geotechnical field investigation that included 20 exploratory boreholes and 54 CPT soundings, conducted laboratory soil tests; performed various geotechnical analyses, coordinated with the design-build team and OCPW, and prepared a geotechnical report.

Principal Elements: (1) EMI accomplished the geotechnical investigation and soil testing to characterize soils along the channel alignments; (2) estimated engineering properties of soils including strength, compressibility, density, expansion potential; (3) performed various analyses including ground motion study for three-level earthquake design, soil liquefaction assessment, seismically-induced settlement, evaluated global stability of sheet pile walls and levee slopes under static and seismic conditions, determined bearing capacity and static settlement, determined lateral earth pressures and estimated lateral soil springs for sheet pile walls, and conducted seepage analysis; (4) prepared geotechnical report; (5) reviewed project plans and specifications; and, (6) provided technical support during construction.

Special Features: The channel improvements had to satisfy Orange County and U.S. Army Corps of Engineers design requirements; three-level earthquake design; and the geotechnical analyses supported OCPW in applying for levee recertification from FEMA.

OCTA, I-605/Katella Avenue Interchange Improvement Project, Orange County, CA Reference Contract Details Relevance
OCTA
Josue Vaglienty, Senior Project
Manager, Highway Programs
(714) 560-5852
[email protected]

EMI Fee: $162,000
Dates: 2021 to Ongoing
Key Staff: Andrew
Korkos, Alahesh
Thurairajah, Michael
Hoshiyama
• Subsurface geotechnical
investigation
• Soil classifications and
analysis
• Pavement condition survey
• Pavement rehabilitation
• Pavement design
• Grading and site clearing

The Orange County Transportation Authority (OCTA), in cooperation with Caltrans District 12 and the City of Los Alamitos, proposes improving the I-605/Katella Avenue Interchange and a portion of Katella Avenue to improve freeway access, improve interchange traffic operations, enhance safety, and improve pedestrian and bicycle facilities within the interchange area.

Improvements include modifications to the northbound and southbound ramps, and roadway improvements along Katella Avenue between Coyote Creek and Civic Center Drive.

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 14

Principal Elements: (1) EMI conducted survey of existing pavements surface to observe and record the condition of the pavement, including the type, extent, and degree of distress; (2) EMI conducted geotechnical investigations; (2) soil testing to characterize soils; (3) estimated engineering properties of soils; (4) performed pavement design using Caltrans Software CalME; (5) prepared Materials Report.

Special Features: Visual Pavement Condition Survey; Pavement rehabilitation includes mill and overlay; Using CalME software to design asphalt pavement structural sections.

OCPW, Santa Ana River Bikeway and Trail,
Orange, Riverside & San Bernardino Counties, CA
Reference Contract Details Relevance
OCPW
Prime Reference: Michael Baker
International
Ray Wang, PE, Senior Project Manager
(949) 330-4293
[email protected]
EMI Fee: $187,000
Dates: 2018 to 2022
Key Staff: Andrew
Korkos, Michael
Hoshiyama
• Subsurface geotechnical
investigation
• Soil classifications and
analysis
• Foundation design
• Retaining structures
• Stability of slopes under
static and seismic conditions
• Required Army Corps of
Engineers coordination
A geotechnical study was conducted by EMI for three proposed bridges and associated retaining walls that are part of the Santa Ana River Trail Parkway Extension Project. The project involved designing pedestrian/cycling trail improvements between Gypsum Canyon Road and the Orange County boundary (adjacent to Green Hills Golf Course). The three bridges include one single-span bridge crossing a small drainage channel, and two longer, two-span bridges spanning the Santa Ana River. Retaining walls are proposed as part of the bridge approach embankments. Improvements also include drainage structures, trail surface/paving, trail signs, and landscaping.

Principal Elements: (1) EMI conducted the geotechnical field investigation and laboratory soil testing to characterize soils at the bridge locations; (2) estimated engineering properties of soils including strength, compressibility, and density; (3) performed analyses to evaluate soil liquefaction, seismically- induced settlement, axial and lateral capacity of deep
foundations supporting the bridge structures, stability of retaining walls and channel slopes under static and seismic conditions, bearing capacity and static settlement for spread footings, and lateral earth pressures for walls; (4) prepared foundation report; and (5) reviewed project plans and specifications.

Special Features: Bridge foundation design followed LRFD methodology and considered scour potential; the bridges are close to the Elsinore Fault Zone and subject to high ground accelerations; one bridge requires constructing the foundation behind an existing anchored sheet pile wall.

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 15

f. Willingness to Comply with Agreement Terms
EMI has reviewed the contract agreement and takes no exceptions. g. References
EMI’s commitment to quality work products, coupled with our timely delivery of cost-saving foundation designs, has garnered repeat business from numerous satisfied clients. EMI invites you to contact our references who can attest to their satisfaction with our design solutions, responsiveness, and timely project delivery.

Krishnamenon Nadaraja, Senior Civil Engineer
Orange County Public Works, Flood Control District
300 North Flower Street, 7th Floor, Santa Ana, CA 92703-5000 (714) 245-4516
[email protected]
On-Call, Various Channel Improvement Projects: Through on-call contracts with OCPW, EMI provided geotechnical engineering services for various flood control channel improvement projects. (1999 – 2018)

Sharid K. Amiri, Sr. Transportation Engineer (Geotech. Specialist) Caltrans, Geotechnical Services, D-12 Oversight
1750 E. 4th Street, Suite 100, Santa Ana, CA 92705
(949) 429-2442
[email protected]
I-5 Widening Project between I-405 and SR-55 (two segments): About 15 miles, adding one general purpose lane in each direction of I-5 and maintaining existing and adding new auxiliary lanes, improves existing on- and off-ramps and connectors. EMI provides geotechnical engineering services for multiple bridges, retaining walls, soundwalls, roadways, overhead signs, and infiltration facilities. Our scope of work includes field investigation, laboratory testing, ADL testing, infiltration testing, foundation designs, and prepare foundation reports, materials report, geotechnical design reports and ADL reports. (2021 – Ongoing)

Josue Vaglienty, Senior Program Manager, Highway Programs Orange County Transportation Authority (OCTA)
550 South Main Street, Orange, CA 92863
(714) 560-5852
[email protected]
I-5 Widening Project between I-405 and Yale Avenue: About 4.5 miles, add capacity, improve operations, and enhance access and circulation on the transportation system. The improvements include adding one general purpose lane in each direction of I-5 and maintaining existing and adding new auxiliary lanes where needed. EMI provides geotechnical engineering services for multiple bridges, retaining walls, soundwalls, roadways, and overhead signs. Our scope of work includes field investigation, laboratory testing, ADL testing, foundation designs, and prepare foundation reports, materials report, geotechnical design reports and ADL reports.

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 16

2. SCOPE OF SERVICES AND SCHEDULE
Scope of Services
EMI envisions that the process, whereby geotechnical services will be provided, will begin with an initial request from the City of Santa Ana through as Task Order. The City’s Project Manager will provide a description of the project and proposed improvements including providing a plan showing the location, limits, features, etc. of proposed improvements. EMI will prepare a work plan which will include geotechnical scope of work, budget, and schedule for the geotechnical services, required for the proposed improvements, which will be submitted to the City for review and approval. Our budget will include staff title, hours, hourly rates based on approved fee schedule, other direct costs (ODC) and totals as related to the specific task.

EMI speculates that most City projects will call for a conventional geotechnical program, which can be divided into the eight major tasks shown below:

1. Prepare Scope and Fee Proposal
Based on the information provided in the Task Order, EMI will prepare a scope and fee proposal and submit it to the City for review and approval. Our budget will include staff title, hours, hourly rates based on approved fee schedule, other direct costs (ODC) and totals as related to the specific task. After the review and approval of our proposal, we anticipate that the City will issue a Notice-to-Proceed to begin the work.

Deliverables: Scope and Fee Proposal

2. Prepare Project Management Plan
Within 15 calendar days of issued Notice-to-Proceed, EMI will prepare a Project Management Plan which will include all milestones, task breakdown for each task and subtasks, information and coordination with other agencies, required permits, deliverables, quality control/quality assurance plan, project schedule, invoicing, and project correspondence.

Deliverables: Project Management Plan

3. Review Existing Subsurface Information
EMI will gather and review relevant subsurface information, including information filed at the City office, and maps and reports published by USGS, CGS, and Caltrans. Existing subsurface information will be used to plan the field investigation.

Deliverables: Memorandum Summarizing Existing Subsurface Information

4. Geotechnical Field Investigation
EMI will identify the proposed boring and CPT locations on a plan and submit it to the City for review and approval. The boring location plan will also be used to apply for encroachment permits. If necessary, EMI will prepare a work plan to present the field investigation procedures, boring location plans, health and safety plans and traffic control plans.

The goal of the investigation is to log subsurface conditions and collect samples of subsurface soils using exploratory borings, rock coring, trenching, and in-situ testing. In-situ testing may include Cone Penetration Tests (CPT) and geophysical surveys. Additionally, groundwater depth will be measured in the borings.

For investigations in soil, EMI will collect bulk samples, small disturbed samples, and relatively undisturbed ring samples of subsurface soils. The small disturbed samples and ring samples will be collected using the Standard Penetration Test (SPT) sampler and Modified California Drive sampler, respectively. In soft soils, Shelby Tube samples may be collected. Soil samples

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 17

will be logged in the field during the investigation, secured in their containers, and transported to the EMI soils laboratory.

Where traffic control is necessary to accomplish the field investigation, we will follow the lane closure requirements specified by the City or other agencies with local
jurisdiction. If necessary, the field investigation can be conducted during the weekend or at night to minimize the impact to traffic. EMI will notify Underground Service Alert prior to the start of the investigation so that existing utilities are marked in the field before subsurface exploration.

EMI will use subcontractors to perform drilling and traffic control setup. Subcontractor fees will be based on California Prevailing Wage rates.

Deliverables: Boring Location Plan and Work Plan

5. Laboratory Testing
Field logs of borings will be reviewed to select representative soil samples for laboratory testing.

Various laboratory tests will be performed on soil samples to determine or derive their physical and engineering characteristics. Results of laboratory tests will be used for engineering analyses to develop geotechnical recommendations. The following soil tests are usually performed:
▪ In-place Moisture & Density ▪ Sand Equivalent
▪ Grain Size Analysis ▪ Expansion Potential
▪ Atterberg Limits ▪ Consolidation & Collapse Potential ▪ Corrosivity ▪ Maximum Density & Optimum Moisture Content ▪ R-Value ▪ Direct Shear & Unconsolidated-Undrained Triaxial

Additional tests may be necessary depending on the proposed improvements and subsurface soil conditions. Laboratory tests will be conducted in accordance with ASTM Standards or California Test Methods. EMI will use subcontractors to perform some of the laboratory soil tests.

6. Geotechnical Engineering Analyses
Results from the field investigation and laboratory testing will be used to develop idealized soil profiles and determine representative soil parameters for use in geotechnical
analysis and design. Geotechnical analyses could include:
▪ Evaluating the Stability of Cut, Fill, and Natural
Slopes
▪ Evaluating Settlement of Roadway Embankments
and Deep Fills
▪ Determining Lateral Pressures on Retaining
Structures Due to Earth and Surcharge Loads
▪ Determining Axial and Lateral Capacity and
Settlement of Shallow and Deep Foundations
▪ Designing Pavement Structural Sections
▪ Assessing Liquefaction Potential of Subsurface Soils
▪ Evaluating Static and Seismically-Induced Ground Subsidence ▪ Assessing Site Response Due to Ground Shaking
▪ Performing Soil-Structure Interaction

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 18

7. Report Preparation
Results obtained from the field investigation, laboratory testing, and engineering analyses will be documented in a draft report. The report will contain design and construction recommendations for proposed improvements. The draft report will be submitted to the City for review. EMI will respond to review comments, and the comments and responses will be incorporated into a final report. We will also review pertinent sections of the contract plans and specifications.

Deliverables: Geotechnical Engineering Report

8. Bidding and Construction Support
EMI will be available to attend pre-bid meetings and answer questions related to geotechnical issues. In addition, EMI will provide construction support services, at the City’s request, such as answering Requests for Information (RFI) related to geotechnical issues, observing grading activities and inspecting cuts and fills, and attending construction meetings. EMI is also able to provide services for pile driving monitoring, drilled shaft inspection, pile load tests, and soil compaction testing.

Deliverables: Response to RFIs and Geotechnical Memorandums Schedule
A comprehensive schedule will be developed for each task order showing the duration of each task with review periods and submittal dates. A sample schedule for a typical project is provided below.

Task ID Tasks
Anticipated Number
of Days per Task
(Business Days)
Total Number of Days
Since Notice to Proceed
(Business Days)
0 Receive Task Order - -
1 Scope and Fee Proposal 3 to 5 -
2 City Review and Approval of Proposal 5 to 7 -
3 Notice to Proceed 1 to 1 1 to 1
4 Project Management Plan (PMP) 8 to 12 9 to 13
5 City Review and Approval of PMP 5 to 7 14 to 18
5a Research Existing Records 3 to 5 14 to 18
5b Work Plan 2 to 3 14 to 18
6 Permitting 8 to 10 22 to 28
7 Clear Utility Lines 5 to 7 27 to 35
8 Field Investigation 3 to 5 30 to 40
9 Laboratory Testing 5 to 10 35 to 50
10 Report Preparation 8 to 10 43 to 60

Optional Tasks
Attend meetings with City Staff
Progress review meetings
Coordinate permits with other agencies

Proposal (RFP No. 23-123) City of Santa Ana On-Call Geotechnical Engineering Services 19

3. FEE PROPOSAL
EMI’s hourly fee schedule is provided in a separately sealed envelope.

4. CERTIFICATIONS
• Attachment 3-1: Non-Collusion Affidavit
• Attachment 3-2: Non-Lobbying Certification
• Attachment 3-3: Non-Discrimination Certification

APPENDIX - RESUMES

CERTIFICATIONS
Attachment 3-1: Non-Collusion Affidavit
Attachment 3-2: Non-Lobbying Certification
Attachment 3-3: Non-Discrimination Certification

City of Santa Ana RFP 23-123
Page A3-2
Appendix
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION

CERTIFICATIONS

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the ent er ing into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

Firm

Signed and Printed Name:

Title

Date
City of Santa Ana RFP 23-123
Page A3-3
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION

CERTIFICATIONS

The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or tra nsfer; recruitment or re cruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rul e, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 23-123
Page A3-4

by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of Se ptember 24, 1965, so that such provisions will be binding upon each subcontr act or purchase order as the administe ring agency may dir ect as means of enforc ing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is thr eatened with, litigation with a su b-consultant or v endor as a r esult of su ch direction by the administering agency, the Consul tant may request that the United S tates enter into such litigation to protect the interests of the United States.

8. Pursuant to Cali fornia Labor Code S ection 1735, as added by Chapter 643 S tats. 1939, and a s amended,

No discrim ination shall be made in the e mployment of persons upon public works because of ra ce, religious creed, color, national origin, ancest ry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

EXHIBIT C

COMPENSATION
Consultant’s Fee Proposal including hourly rates, if applicable

17800 Newhope Street, Suite B, Fountain Valley, California 92708  Tel: (714) 751-3826

EARTH MECHANICS, INC.

FEE SCHEDULE (2023)

City of Santa Ana
On-Call Geotechnical Engineering Services
(RFP No. 23-123)

LABOR CATEGORY FULLY BURDENED

HOURLY RATE
Principal/Senior Consultant $ 301.00 Principal Engineer/Geologist $ 301.00 Senior Engineer/Geologist $ 225.00 Senior Project Geologist $ 201.00 Project Engineer/Geologist $ 173.00 Senior Staff Engineer/Geologist $ 163.00 Staff Engineer/Geologist $ 133.00
Senior Technician $ 155.00
Technician* $ 80.00
Administrative Assistant* $ 135.00

* Non-exempt staff subject to overtime pay per California law.

Combined Overhead Rate = 179.97%
Profit = 10 %