Santa Ana City Council
November 21, 2023

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES

CONSULTANTS, A CALIFORNIA CORPORATION, TO PROVIDE ON-CALL

GEOTECHNICAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 21st day of November, 2023 by and between Ninyo & Moore Geotechnical & Environmental Sciences Consultants, a California Corporation, dba Ninyo & Moore (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

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

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

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

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

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

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

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant’s Fee Proposal, which is attached hereto and fully incorporated herein by this reference as “Compensation - Exhibit C.” Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall EXHIBIT 6

not exceed the shared aggregate amount of $ 2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant’s Fee Proposal, Consultant’s fees shall not increase by more than 3% annually over the term of this Agreement, including any extension pe riods, 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 C alifornia Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemni fy 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 accu rate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY

If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by City.

12. CONFLICT OF INTEREST CLAUSE

Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NON-DISCRIMINATION

Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City.

16. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case

such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER

No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

18. JURISDICTION - VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES

Consultant shall, throughout the term of this Agreement, maintain all necessary 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 be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

[signatures contained on following page]

Garreth Saiki, PE, GE
Principal Engineer
Ninyo & Moore
475 Goddard, Suite 200
Irvine, CA 92618

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 to Provide
On-Call Geotechnical Engineering Services
City of Santa Ana / RFP No.: 23-123
August 28, 2023
+
ninyoandmoore.com
P04-04193
Original
Statement of
Qualifications
1 August 28, 2023
Proposal No. 04-04193
City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, California 92701
Attn: Mr. Gilbert Castillo, Project Manager
Subject: Proposal to Provide Geotechnical Engineering Services City of Santa Ana Public Works Agency
RFP No. 23-123
Dear Mr. Castillo:

Ninyo & Moore Geotechnical and Environmental Sciences Consultants (Ninyo & Moore), a California corporation, appreciates your consideration of our proposal to provide the City of Santa Ana (City) with Geotechnical Engineering services in response to the City’s Request for Proposal (RFP) issued August 2, 2023. We understand that our services will be performed on an on-call or as-needed basis. We fully understand the type of services the City requires, and are ready to meet your needs by making available a dedicated team of professionals who have the requisite experience and resources to successfully complete task assignments.

Ninyo & Moore has provided previous geotechnical, special inspection, and materials testing services for the City on an as-needed/on-call basis and will continue to utilize our effective project management approach.

We emphasize that the opportunity to provide services to the City of Santa Ana Public Works Agency is of great importance to us. We are fully prepared to make every possible commitment needed for successful and timely completion of task orders assigned to us.

As the contact person who is authorized to make legally binding commitments for Ninyo & Moore, Mr.

Garreth Saiki, PE, GE, Principal Engineer, will be readily available and can be reached at our Irvine office, 475 Goddard, Suite 200, Irvine, California 92618; by phone, (949) 753-7070, extension 12231; and/or by email [email protected], to answer any questions during your evaluation period. We look for- ward to the opportunity to discuss our capabilities with you personally. Ninyo & Moore appreciates the City’s favorable consideration of our proposal.

Sincerely,

NINYO & MOORE
Garreth Saiki, PE, GE
Principal Engineer
GMS/klb
Distribution: (6) 5 hard copies, 1 upload to PlanetBids 475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com Cover Lettera
01 | Statement of Qualifications
2 Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 Ninyo & Moore has reviewed the provisions of the sample Agreement contained in Attachment 2 of the RFP, and we concur with the contract terms outlined. Ninyo & Moore understands that services performed under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

Firm Profile
Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a California Corporation, was established in 1986 to provide consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment. Since our inception, we have steadily grown to over 550 professionals in 15 offices throughout the southwestern United States.

Ninyo & Moore has the equipment and trained personnel to perform the required geotechnical and materials laboratory testing services in-house, in one of our three fully-equipped, certified geotechnical and construction materials laboratory facilities in southern California. Our laboratories are supervised by registered engineers and are certified by the City of Los Angeles, Caltrans, California Division of the State Architect (DSA), American Association of State Highway and Transportation Officials (AASHTO), Cement and Concrete Reference Laboratories (CCRL), the U.S. Army Corps of Engineers, and other regulatory agencies. As part of our laboratory accreditation, we have written quality control procedures for laboratory testing, which includes training and certification of both our laboratory personnel and testing equipment. Laboratory testing for task orders issued under the proposed on-call contract will be performed in our local Irvine (Orange County) laboratory.

For over 30 years, Ninyo & Moore has become a specialist in providing on-call services for public agencies. We have developed a management approach that enables us to provide our clients with responsive, efficient, and cost effective services utilizing master agreement/on-call con-tracts with specific task order work assignment authorizations. The success of our approach is demonstrated through our long list of successful public agency on-call services contracts and the continued renewal of these contracts. We will utilize the project management approach we have developed over the years to provide the City of Santa Ana with responsive service by qualified and certified personnel that will be supported by in- house technical expertise and equipment resources.

Contract Agreement
Statementb
Firm and Team
Experiencec
Public Agency
Clients
City of Santa Ana
City of Brea
City of Yorba Linda
City of Diamond Bar
City of Newport Beach
City of Irvine
City of Rancho Santa Margarita
City of Los Angeles
City of Santa Monica
City of Long Beach
County of Orange
County of San Bernardino
County of Riverside
John Wayne Airport
Los Angeles World Airports
Long Beach Airport
Orange County Transportation
Authority
San Bernardino County
Transportation Authority
Riverside County Transportation
Commission
Port of Los Angeles
Port of Long Beach
Inland Empire Utilities Agency
Orange County Sanitation District
Santa Ana Unified School District
Anaheim Elementary School
District
Irvine Unified School District
Los Angeles Unified School
District
TAX 33-0269828
“S” Ninyo & Moore is an “S”
Corporation
550 employees firm-wide
01 | Statement of Qualifications
CA
p. 949.753.7070
f. 949.753.7071
3Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 01 | Statement of Qualifications
Project Team
Mr. Rajindra Handapangoda, PE, GE, will serve as Project Manager/Principal Agent for this on-call contract and will be responsible for ensuring that each task order assigned to us is performed in accordance with the contractual obligations. Mr. Handapangoda will be responsible for managing this on-call contract utilizing our on-call management approach. He will be responsible for the performance of each assigned task order and will provide supervision of our engineering and field staff to ensure that the work performed meets the City’s requirements for schedule, content, and budget. If for some unforeseen reason he is not available, Mr.

Garreth Saiki, PE, GE, our Principal-in-Charge, will step in his place and assume the responsibilities. He has personally managed on-call contracts Ninyo & Moore was awarded throughout Orange County. Mr. Saiki will be responsible to ensure that Mr. Handapangoda has all the resources necessary to complete task order work assigned to us and that our services meet or exceed our City’s expectations. The following organization table provides information of our key staff and their availability for this contract. Complete resumes are included in Appendix A.

Team/Member Role Registrations/Certifications Years Exp. Availability Rajindra Handapangoda
PE, GE
Project Manager/Principal
Agent
PE 73171 (California)
GE 2998 (California)
17 75%
Garreth Saiki, PE, GE
Principal-in Charge
PE 49665 (California)
GE 2509 (California)
Nuclear Gauge Operator Certification
37 65%
Michael Putt, PG, CEG
Task Manager/
Engineering Geology
PG 7581 (California)
CEG 2341 (California)
Radiological Safety and Gauge Use
Certification, 1997
27 75%
Andy Rodriguez
Task Manager/Field
Operations
Radiation (Nuclear Gauge)
User Safety
25 75%
Daniel Chu, PhD, PE, GE
Technical Advisor/
Geotechnical Engineering
PG 7581 (California)
CEG 2341 (California)
Radiological Safety and Gauge Use
Certification, 1997
40 35%
Ninyo & Moore has provided innovative
solutions to complex geotechnical and
environmental challenges.

4 Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 Field Technicians and Inspectors
Ninyo & Moore’s field staff is highly experienced and qualified to provide testing and inspection services for an extensive range of project requirements. Ninyo & Moore’s field and laboratory technicians maintain certifications from the City of Los Angeles, American Concrete Institute (ACI), American Welding Society (AWS), Caltrans, State of California Division of the State Architect (DSA), International Code Council (ICC), Occupational Safety and Health Administration (OSHA), United States Department of Transportation (USDOT), as well as other regulatory agencies. They possess a working knowledge of the requirements and procedures as specified by these agencies. Our field technicians are extensively experienced at providing geotechnical soils and materials testing services for construction projects. The following table is a sampling of field personnel and their certifications that are available to work on this project.

Team Member Role Registrations/Certifications Years
Exp
Steven Eck Senior Field
Technician
ACI, ICC, LADBS, OSHA, USDOT HAZMat 43
Mohammad
Haque
Senior Field
Technician
ACI, ICC, LADBS, OSHA, USDOT HAZMat 32
Robert Ritter Special Inspector ACI, AWS, ICC 31
Lincoln Linn Senior Field
Technician
ACI, ICC, OSHA, USDOT HAZMat 31
Randy Engel Senior Field
Technician
ACI, BNSF, CALTRANS, USDOT HAZMat 29
Hector Heredia Senior Laboratory
Technician
AASHTO, ACI, CALTRANS 24
Vance Hunter Senior Field
Technician
ACI, CALTRANS, eRailSafe, OSHA, USDOT
HAZMat
24 Steven Moudy Senior Field
Technician
ACI, USDOT HAZMat 23
Joe Levario Senior Field
Technician
ACI, BNSF, CALTRANS, eRailSafe, OSHA, USDOT
HAZMat
19 James Dalgity Laboratory Manager ACI, CALTRANS, USDOT HAZMat 18 Matthew Puraty Senior Field
Technician
ACI , CALTRANS, OSHA, USDOT HAZMat 18
Matthew Jacobs Senior Field
Technician
ACI, ICC, LADBS, FRP, OSHA, USDOT HAZMat 17
Ryan Villasenor Senior Field
Technician
ACI, ICC, OSHA, TWIC, USDOT HAZMat 14
Steven Almond Senior Field
Technician
ACI, OSHA, USDOT HAZMat 13
Wilkins Cobian Senior Field
Technician
ACI, BNSF, CALTRANS, USDOT HAZMat 13
Paul Medina Special Inspector ACI, ICC, LADBS, OSHA, USDOT HAZMat 10 01 | Statement of Qualifications
5 01 | Statement of Qualifications
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 Ninyo & Moore will utilize the project management style and approach that we have successfully developed for past and current on-call contracts with public agencies. Throughout the contract duration, Mr. Rajindra Handapangoda, our proposed Project Manager and single point of contact for the City, will meet with the representative(s) of the City to discuss task order assignments, project concerns, permits required, anticipated services required for those projects and close-out requirements. Upon notification of a task order request, we will commence our services. Our approach to our geotechnical, materials testing and inspection services is described in the following flow chart.

Understanding of Needd
Request for
Proposal
• Ninyo & Moore project manager reviews RFP to prepare preliminary scope and level of effort.
• Ninyo & Moore project manager reviews preliminary scope and level of effort with the City.
• Ninyo & Moore finalizes and submits scope and fee estimate.

Task
Authorization
&
Pre-
Investigation
• City issues task authorization based on scope and fee estimate. • Acquisition of site access and applicable permits, if required. • Ninyo & Moore prepares work plan identifying key personnel/subcontractors performing the work and schedule of work.

Project
Management
• Each task order budget will be monitored in real-time (Deltek Vision). City notified at 50%, 75%, and 90% of TA budget. Budget amendment requests will be discussed with the City PM at the 75% mark and will be submitted (if warranted) at 90%.

Field
&
Laboratory
Services
• Perform a site reconnaissance to document site conditions and to locate and mark proposed exploratory locations.
• Locations to be cleared by Underground Service Alert and/or private utility locator.
• Drilling, sampling, and logging of small diameter borings or Cone Penetrometer Tests (CPT), test pits, and/or fault trenches in accordance with the RFP and TA. • Collecting representative samples from the exploratory locations. Samples will be transported to our in-house laboratory for testing.
• Performing laboratory testing in accordance with the applicable test methods (i.e., ASTM, AASHTO, Caltrans, etc.) to evaluate the geotechnical design parameters.
• During construction, perform geotechnical observation and testing or special inspection or materials sampling per request of City’s Project Inspector Data Analysis
&
Calculations
• Perform engineering analysis of field and laboratory data to evaluate design parameters, including but not limited to the following:
○ Excavation and Backfill
○ Liquefaction
○ Bearing Capacity
Final Report
• Prepare and submit a written report presenting the results of our background review, field exploration, laboratory testing, and engineering analysis, as well as our geotechnical conclusions and recommendations for the design and construction of the project.
• Complete and provide to the City the required closeout documentation Geotechnical Engineering Services
○ Settlement
○ Corrosion Potential
○ Pavement Design
1 2
3 4
5 6
01 | Statement of Qualifications
Relevant Project Experiencee
The following is a list of Ninyo & Moore’s relevant projects, successfully completed in the past five years by our staff that demonstrate our competence to perform work similar in scope and magnitude to that required for this project.

Project Name/Location Description Year
Completed Client Name/Contact Info
On-Call Geotechnical,
Special Inspection and
Materials Testing
Santa Ana, CA
On-call geotechnical, special
inspection and materials
testing services to the City of
Santa Ana for the Public Works
Agency’s Capital Improvement
Program
2020 City of Santa Ana
Victor So
(714) 667-2700
[email protected]
On-Call Geotechnical,
Engineering Geology and
Materials Testing Services
Irvine, CA
On-call geotechnical,
engineering geology, and
materials testing and deputy
inspection services, third-
party review services, as
well as hazardous materials
assessments
2022 City of Irvine
Mr. Tom Polson
(949) 724-6367
[email protected]
On-Call Geotechnical and
Materials Testing Services
Yorba Linda, CA
On-call engineering,
geotechnical and materials
testing and deputy inspection,
as well as environmental
consulting services during
the various construction and
reconstruction type projects
2023 City of Yorba Linda
Mr. Rick Yee
(714) 961-7171
[email protected]
On-Call Geotechnical and
Materials Testing Services
Orange County, CA
On-call geotechnical and
materials testing services
during the various Orange
County Public Works and
Orange County Community
Resources construction and
reconstruction type projects
Ongoing County of Orange Public
Works
Mr. Ryan Rose
(714) 667-8876
[email protected].
com
On-Call Geotechnical
Consulting and Materials
Testing Services
Rancho Santa Margarita,
CA
On-call geotechnical
engineering consulting and
material testing services for
various City projects
Ongoing City of Rancho Santa
Margarita
Mr. Tri Nguyen
(949) 635-1813
[email protected]
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 6 7 01 | Statement of Qualifications
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 Agreement Termsf
Ninyo & Moore has reviewed the City’s RFP Master Service Agreement and is willing to comply with the Agreement terms.

Referencesg
The following are three (3) public agency contacts that can attest to the quality Ninyo & Moore’s services and work product. For these agencies and client references, we are currently providing or have provided similar geotechnical engineering services within the past five years.

Mr. Ryan Rose
County of Orange Public Works
601 North Ross Street
Santa Ana, CA 92701-5000
[email protected]
Ms. Stephanie Gunawan-
Piraner
John Wayne Airport
3160 Airway Avenue
Costa Mesa, CA 92626
 [email protected]
Mr. Rick Yee
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
 [email protected]

COMMITMENT

QUALITY

EXPERIENCE
Scope of Services
and Schedule
2 8
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 02 | Scope of Services and Schedule
Geotechnical Design
• Project coordination, including meeting with the representatives of the Agency and their design team to discuss our scope of work.
• Review of preliminary project plans, geologic and seismic hazard maps, and readily available geotechnical reports to evaluate possible geologic hazards that may impact the proposed construction. • Acquisition of permits necessary to proceed with our subsurface evaluation. • Geotechnical site reconnaissance to document the site conditions and to select and mark the proposed excavation locations for underground utility location.
• Drilling, sampling, and logging of small-diameter and/or large-diameter exploratory borings and/or excavation of exploratory test pits. The depths of the excavations will depend on the details of the proposed project and site location. Traffic control will be performed, as appropriate, in general accordance with the W.A.T.C.H. manual.
• Laboratory testing of representative soil samples to evaluate the soil characteristics. Laboratory testing may include in-situ moisture and dry density, gradation, maximum density and optimum moisture content, consolidation and expansion potential, expansion index, consolidation, shear strength, corrosivity and sulfate content, and R-value testing.
• Data compilation and geotechnical analysis of field and laboratory data. Our analyses will address the following:
◦ Suitability of the site for the proposed construction from a geotechnical perspective. ◦ Description of the site geology and on-site soils anticipated during construction, including an evaluation of geologic hazards that might be present at the site. ◦ Evaluation of slope stability under static and seismic conditions. ◦ Excavation and compaction requirements, including suitability of the on-site soils for use as fill and/ or trench backfill.
◦ Analysis of the temporary stability of the trench excavations and shoring pressures, including allowable lateral earth pressures and allowable passive pressures for proposed trenches, as appropriate.
◦ Evaluation of the depth to the groundwater table and potential areas of dewatering, as appropriate. ◦ Evaluation of potential settlement.
◦ Evaluation of the potential for liquefaction.
◦ Evaluation of the corrosion potential of the on-site soils. ◦ Evaluation of pavement design for the proposed roadway sections, as applicable.

Scope of Services
Based on our review of the City’s RFP, we understand that our services will include as-requested geotechnical engineering services for various types of projects located throughout the City of Santa Ana. The RFP indicates that the projects may include street pavement, traffic signals, underground utilities, buildings and park improvements. The anticipated scope of work includes inspection and testing for construction involving grading, soils, base material, reinforced concrete and masonry, asphalt concrete, structural steel, and painting. Ninyo & Moore can provide the anticipated services in the RFP. Our services will be performed in accordance with applicable laws of the State of California and the requirements of the City of Santa Ana guidelines and ordinances, OSHA Construction Industry Standards, California Code of Regulations, South Coast Air Quality Management District Regulations, and other applicable codes. Testing will be per- formed in accordance with the latest addition of the Standard Specifications for Public Works Construction (“Greenbook”), Caltrans, ASTM and applicable standard test methods.

We have included a scope of services for soils and materials testing and special inspections. Site specific scopes of work will be developed for each specific project assignment. Example scopes are provided below. 9 02 | Scope of Services and Schedule
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 • Preparation of a written report presenting the results of our field exploration, laboratory testing, and engineering analyses, as well as our conclusions and recommendations relative to the geotechnical aspects of project design and construction.
• Upon substantial completion of the project plans and specifications, Ninyo & Moore can perform a geotechnical and geologic plan review to evaluate whether the conclusions and recommendations presented in our report were correctly interpreted and incorporated into the project plans and specifications. These services can be performed if requested and authorized.

Soils and Materials Testing & Special Inspection Services Our soils and materials testing and inspection services may include the following, depending on the requirements of the specific task order assignment:
• Project coordination and client liaison, including scheduling of personnel to provide observation and materials testing services and meeting attendance.
• Review of readily available background materials pertaining to the site, including geotechnical reports, project plans, and specifications.
• Attendance at pre-construction and field meetings as requested by the client. • On-site soil and materials testing and inspection during construction on an as-requested basis. Our inspection services will be performed in accordance with the applicable building codes requirements project’s plans and specifications. Our soils and materials testing and inspection services can include the following:
◦ Field observation and inspection during foundation construction, including observation of footing excavations, pier drilling, pile driving, as appropriate. ◦ Field observation, documentation and testing during the earthwork operations. Our services will include observation and field density testing of compacted fill, including embankment fill, structure and wall backfill, utility trench backfill, subgrade, aggregate subbase, aggregate base, materials. ◦ Field sampling and in-place density testing will be performed during asphalt pavement construction.

Asphalt production plant inspection and sampling will be performed to evaluate conformance with project specifications. Laboratory testing of raw aggregate and completed mix samples will include sieve analysis, sand equivalent, percent asphalt, film stripping, CKE, swell, and maximum density per the Construction Manual and project specifications. ◦ Field sampling and testing of concrete structures and paving during construction. Our field testing services will include sampling of concrete, and evaluating the temperature, penetration, air content, and unit weight. Concrete cylinders will be cast during concrete placement for structures and will be transported to our laboratory for compressive strength testing. Concrete beams will be cast during concrete paving and transported to our laboratory for flexural strength testing. Concrete batch plant inspection and sampling will be performed to obtain raw aggregate samples for acceptance testing and to evaluate the batch plant operation for conformance with project specifications. Laboratory testing of aggregate samples will include sieve analysis, sand equivalent, and cleanness value per the Construction Manual, Standard Specifications, and project Special Provisions. Further, specialized tests, such as L.A. rattler, durability index, specific gravity, etc., will be performed upon request by the Resident Engineer.
◦ Field inspection of the construction materials, both during fabrication/ erection/construction and after construction completion (finish project inspections) performed by inspectors registered with the County of Orange and other agencies (ICC, AWS-CWI). Inspections may include:
▪ Reinforced concrete, including foundations, cast-in-place concrete structures, and miscellaneous concrete construction.
▪ Structural masonry, including retaining walls, sound walls, building and site walls. ◦ Onsite and fabrication shop welding and bolting of structural steel. ◦ Non-Destructive Testing (ultrasonic, magnetic particle and dye penetrant) ◦ Roofing, painting and coating
10 02 | Scope of Services and Schedule
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 • Laboratory testing on collected construction material samples in accordance with the appropriate California Test, AASHTO, and ASTM test methods and utilizing our Caltrans and AASTHO certified laboratories. Laboratory testing may include maximum dry density and optimum moisture content of the soils to be placed as fill or backfill; compressive strength testing of the concrete, and conformance testing (including sieve analyses, sand equivalent, R-value, cleanness value and durability tests) on the proposed aggregate subbase, aggregate base, asphalt concrete, and concrete pavement. Testing will be performed at frequencies re-quired by the Caltrans Construction Manual and/or applicable project specifications.
• Preparation of daily reports and other memoranda to summarize the field operations and test results.

Our reports will include the information required by the review agencies. • Preparation of a final report summarizing the results of our field and laboratory test results, including final report on grading and certification of compliance Schedule
Ninyo & Moore is committed to providing prompt, efficient, and high quality geotechnical and materials testing and inspection services throughout contract duration. As one of the largest geotechnical and geologic engineering firms in southern California, Ninyo & Moore has the personnel and resources available to complete the requested task order services in accordance with the City’s requirements.

For each task order request, we will provided a detailed staffing and resources management plan which will identify specific tasks and the level of effort required for the services required for the specific request. Ninyo & Moore’s personnel are fully committed to this contract. We also have a commitment from our subconsultant team that the necessary staff will be 100% available to perform the required work at the time the task order is assigned.

We have developed an effective on-call management system that allows us to successfully handle multiple task orders concurrently. Our ability to provide consistent and cost-effective consulting services for task order based contracts is a result of our many years of experience in refining our on-call management process. The core of this process is our highly experienced and qualified staff of professionals that are available to begin work on requested task orders.
“ With the high quality professional
services that Ninyo & Moore provided,
I am pleased to have worked with
them and highly recommend the firm
for geotechnical design, construction
support and materials testing/inspection
services. It was a pleasure working with
such high caliber professionals. They
truly are a world-class team.”
- Hugo Piñeda
Sr. Project Manager
OC Public Works
Fee Proposal

3 03 | Fee Proposal
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 Fee Proposal
As requested in the RFP, we are providing our Fee Proposal in a separate, sealed envelope. Our proposed billing rates are valid throughout the first fiscal year of the contract, from November 19, 2023 through November 18, 2026.

COST SAVINGS
Our approach will often
include recommendations
that provide cost saving
solutions for our clients

INNOVATIVE IDEAS
We often encounter projects
where we need to think
“outside” the box and provide
innovative or advanced
technologies to resolve
project challenges

STRATEGY
Our team of professionals
will evaluate each project
element to determine the
best value approach
GOAL
The ultimate goal is the on
time, and within budget
completion of every project
performed to the total
satisfaction of the client
Certifications

4 04 | Certifications
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023

2 04 | Certifications
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023

04 | Certifications
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 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 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

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

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

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

Firm

Signed and Printed Name:

Title

Date
Ninyo & Moore Geotechnical and Environmental Sciences Consultants Principal Engineer
August 28, 2023

04 | Certifications
Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 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 enfo rcing 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 discrimination shall be made in the emp loyment of persons upon public wo rks b ecause of ra ce, religious creed, color, national origin, ancest ry, physical handicaps, mental condition, ma rital status, or sex of such persons, except as provided in Section 1420, and any consultant of public wo rks violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

Principal Engineer
Ninyo & Moore Geotechnical and Environmental Sciences Consultants August 28, 2023
475 Goddard, Suite 200 | Irvine California 92618 | p. 949.753.7070 | f. 949.753.7071 ARIZONA | CALIFORNIA | COLORADO | NEVADA | TEXAS | UTAH ninyoandmoore.com

EXHIBIT C

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

Ninyo & Moore | City of Santa Ana On-Call Geotechnical Engineering RFP No. 23-123 | P04-04193 | August 28, 2023 CA16

Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 250 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 235 Senior Project Engineer/Geologist/Environmental Scientist ................................................................................... $ 220 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 210 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 200 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 180 GIS Analyst .............................................................................................................................................................. $ 160 Technical Illustrator/CAD Operator.......................................................................................................................... $ 140 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 220 Field Operations Manager ....................................................................................................................................... $ 150 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 145 Supervisory Technician ........................................................................................................................................... $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................ $ 135 Senior Technician .................................................................................................................................................... $ 135 Technician ................................................................................................................................................................ $ 130 Administrative Staff
Information Specialist .............................................................................................................................................. $ 120 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 120 Data Processor ........................................................................................................................................................ $ 95 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID ................................................................................................................................................................ $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.

Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

Ninyo & Moore | 2021 Laboratory Testing

Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 .............................................................. $ 170 Compression Tests, 6x12 Cylinder, C 39 ................................................... $ 35 California Bearing Ratio (CBR), D 1883 .................................................... $ 550 Concrete Mix Design Review, Job Spec ..................................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422 ..................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ............................... $ 850 Consolidation, D 2435, CT 219 .................................................................. $ 300 Concrete Cores, Compression (excludes sampling), C 42 ....................... $ 120 Consolidation, Hydro-Collapse only, D 2435 ............................................ $ 150 Drying Shrinkage, C 157 .............................................................................. $ 400 Consolidation – Time Rate, D 2435, CT 219 ............................................ $ 200 Flexural Test, C 78 ....................................................................................... $ 85 Direct Shear – Remolded, D 3080 ............................................................ $ 350 Flexural Test, C 293 ..................................................................................... $ 85 Direct Shear – Undisturbed, D 3080 ......................................................... $ 300 Flexural Test, CT 523 ................................................................................... $ 95 Durability Index, CT 229 ............................................................................. $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................ $ 275 Expansion Index, D 4829, IBC 18-3 .......................................................... $ 190 Lightweight Concrete Fill, Compression, C 495 ......................................... $ 80 Expansion Potential (Method A), D 4546 .................................................. $ 170 Petrographic Analysis, C 856 ...................................................................... $ 2,000 Geofabric Tensile and Elongation Test, D 4632 ....................................... $ 200 Restrained Expansion of Shrinkage Compensation .................................. $ 450 Hydraulic Conductivity, D 5084 .................................................................. $ 350 Splitting Tensile Strength, C 496 ................................................................. $ 100 Hydrometer Analysis, D 6913, CT 203...................................................... $ 220 3x6 Grout, (CLSM), C 39 ............................................................................. $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ........................... $ 120 2x2x2 Non-Shrink Grout, C 109 ................................................................. $ 55 Moisture Only, D 2216, CT 226 ................................................................. $ 35 Moisture and Density, D 2937 ................................................................... $ 45 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................ $ 300 Air Voids, T 269 ............................................................................................ $ 85 pH and Resistivity, CT 643......................................................................... $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ............................. $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ........................ $ 220 Asphalt Mix Design Review, Job Spec ....................................................... $ 180 Proctor Density with Rock Correction D 1557 .......................................... $ 340 Dust Proportioning, CT LP-4 ........................................................................ $ 85 R-value, D 2844, CT 301 ........................................................................... $ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 .................... $ 250 Sand Equivalent, D 2419, CT 217 ............................................................. $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Sieve Analysis, D 6913, CT 202 ................................................................ $ 145 Film Stripping, CT 302.................................................................................. $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 ............................................. $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 ......................... $ 225 Specific Gravity, D 854 ............................................................................... $ 125 Marshall Stability, Flow and Unit Weight, T 245 ......................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ............................................ $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 .................................. $ 150 Triaxial Shear, C.D, D 4767, T 297 ........................................................... $ 550 Moisture Content, CT 370 ............................................................................ $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 ............. $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ........................$ 350 Slurry Wet Track Abrasion, D 3910 ............................................................. $ 150 Triaxial Shear, U.U., D 2850 ...................................................................... $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) .................. $ 4,900 Unconfined Compression, D 2166, T 208 ................................................. $ 180 Superpave, Gyratory Unit Wt., T 312 .......................................................... $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ................................. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 ............................................. $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ............ $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 .............................................. $ 90 Brick Compression Test, C 67 ................................................................... $ 55 Voids filled with Asphalt, (VFA) CT LP-3 .................................................... $ 90 Brick Efflorescence, C 67 ........................................................................... $ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67 ................................................................. $ 50 Brick Moisture as received, C 67 ............................................................... $ 45 AGGREGATES Brick Saturation Coefficient, C 67 .............................................................. $ 60 Clay Lumps and Friable Particles, C 142.................................................... $ 180 Concrete Block Compression Test, 8x8x16, C 140 ................................. $ 70 Cleanness Value, CT 227 ............................................................................ $ 180 Concrete Block Conformance Package, C 90 .......................................... $ 500 Crushed Particles, CT 205 ........................................................................... $ 175 Concrete Block Linear Shrinkage, C 426 .................................................. $ 200 Durability, Coarse or Fine, CT 229 .............................................................. $ 205 Concrete Block Unit Weight and Absorption, C 140 ................................ $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 Cores, Compression or Shear Bond, CA Code ........................................ $ 70 Flat and Elongated Particle, D 4791............................................................ $ 220 Masonry Grout, 3x3x6 prism compression, C 39 ..................................... $ 45 Lightweight Particles, C 123 ........................................................................ $ 180 Masonry Mortar, 2x4 cylinder compression, C 109 .................................. $ 35 Los Angeles Abrasion, C 131 or C 535 ....................................................... $ 200 Masonry Prism, half size, compression, C 1019 ...................................... $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................. $ 90 Masonry Prism, Full size, compression, C 1019 ...................................... $ 200 Organic Impurities, C 40 .............................................................................. $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ............... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 .................... $ 950 Chemical Analysis, A 36, A 615................................................................. $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ................... $ 475 Fireproofing Density Test, UBC 7-6........................................................... $ 90 Sand Equivalent, T 176, CT 217 ................................................................. $ 125 Hardness Test, Rockwell, A 370 ............................................................... $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ........................................ $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136................. $ 145 per assembly, A 325 ............................................................................. $ 150 Sodium Sulfate Soundness, C 88 ............................................................... $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ................................ $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 ......................... $ 115 Pre-Stress Strand (7 wire), A 416 .............................................................. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 .............................. $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706...................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ......................... $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ....................... $ 80 Roofing Tile Absorption, (set of 5), C 67 ..................................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................ $ 250

Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.