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Home My WebLink AboutKOURY ENGINEERING & TESTING A-2026-101-03 i 1S �202� AUG I 0 202 1GREEMENT TO PROVIDE ON-CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 21st day of July, 2026 by and between Twining, 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 May 1, 2026, the City issued Request for Proposal ("RFP") No. 26-059A, by which it sought qualified consultants to provide on-call material testing and special inspection services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-059A. 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 On an on-call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No.26-059A,which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of four(4) consultants selected to provide services in an on-call basis under RFP No. 26-059A. The total compensation for these services provided by all such consultants selected shall not exceed the shared annual amount of$800,000 during the initial term.. The aggregate amount expended under this Agreement, including all extension periods, if exercised, shall not exceed$4,000,000. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. c. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Proj cot Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza,P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. 1. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. p. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed the aggregate amount discussed above. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. q. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. r. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). s. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by Congress, the State Legislature, or the City that may affect the provisions,terms or funding of this Agreement in any manner 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. c. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on July 21, 2026, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on July 20, 2027, unless terminated earlier in accordance with Section 21, below. The term of this Agreement may be extended for up to four (4), 1-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations(DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. G. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant = shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 8. INSURANCE Insurance requirements attached hereto as Exhibit D. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code ,Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 10. 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. 11. RETENTION OF RECORDS/AUDIT REVIEW PROCEDURES a. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement,pursuant to Government Code 8546.7,Consultant,sub consultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. b. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. c. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. d. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 12. 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 the City. 13. CERTIFICATIONS The funds used to pay for this Agreement will be partly comprised of federal grant funds. Consultant agrees and understands that it will comply with the terms of the Certifications included below in Section 21, as well as all additional certifications included in RFP No. 26-059A, incorporated by reference into this Agreement. Consultant shall keep itself informed of all City, - State and Federal laws and regulations which may, in any manner, affect the performance of it services pursuant to this Agreement. Consultant shall at all times, observe and comply with all such laws and regulations. City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph. 14. CONFLICT OF INTEREST CLAUSE a. The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the recipient or subrecipient may set standards for situations where the financial interest is not substantial or a gift is an unsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members. b. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the recipient or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization,the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. c. 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. d. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. e, The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution £ The Consultant roust comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. g. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (d) and (e) above. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the fall amount of such rebate, kickback or other unlawful consideration. 16. 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. 17. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. c. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of$5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment.Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. 18. 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. 1.9. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 20. 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. 21. 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. 22. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. FEDERAL REGULATIONS Consultant shall comply with all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set for the in 2 CRF Part 200, whether or not expressly set forth in this document, including but not limited to those provisions set forth below. Notwithstanding, anything to the contrary herein,including without limitation,the language in this Agreement, the actual language contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement. Consultant shall not perform any act, fail to perform any act,or refuse to comply with any requests, which would cause City to be in violation of the federal terms and conditions. a. Federal Regulations Recipient must comply with the government cost principles,uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 180 of the Code of Federal Regulations. b. Debarment and Suspension —As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. C. Audit Records —With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled,whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports --Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) — All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in,be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 — (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity—None of the funds, materials,property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying — Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352,et seq.),and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non-Discrimination and Equal Opportunity --Recipient will comply,and all its contractors (or subrecipients)will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title H of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity Recipient will comply, and all its contractors (or subrecipients)will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland "Anti-Kickback" Act — Recipient will comply, and all its contractors (or subrecipients)will comply,with all requirements of the Copeland"Anti-Kickback"Act(40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. in. David-Bacon Act -- Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. n. Work Hours and Safety ---Recipient will comply, and all its contractors (or subrecipients) will comply,with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in tarn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. p. Energy and Conservation Recipient will comply,and all its contractors(or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights —Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process,product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. S. Copyright — Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Equal Employment in Construction Contracts — Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate_ against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor 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 contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or.applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he 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 contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will 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. (6) The contractor will 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 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. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions maybe imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. U. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment—Recipient will comply, and all its contractors (or subrecipients)will comply, with all requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation,Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services produced by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. V. Domestic Preferences for Pro curementslSubcontracts Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322. Recipient shall comply with the federal and recipient standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. (1) Recovered Materials Recipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: http s:l/www.epa.gov/s=/comprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid.Waste Disposal Act. (2) Domestic Preference for Procurements Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition,or use of goods,products,or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. W. Termination for Cause and Convenience-- Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement,the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. X. Contractual/Legal Remedies for Breach of Contract— Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and/or any other remedy available pursuant to the Agreement of the laws then in effect. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Paul Soltis, PE, GE Engineering Manager Twining, Inc. 4811 Airport Plaza Drive, Suite 220 Long Beach, CA 90815 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. 23. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY F SANTA A JENN E L. LL ALVARO NUNEZ erk City Manager APPROVED AS TO FORM: CONSULTANT: SONIA R. CARVALHO City Attorney By: (. KYL ELLESEN By: Steve Schiffer! Assistant City Attorney Title;Chief Revenue Officer RECOMMENDED FOR APPROVAL: RodoEb ROW Rodolfo Rosas(Jul 7,2026 12:49:58 PDT) RODOLFO ROSAS, P.E. Acting Executive Director Public Works Agency EXHIBIT A s CITY OF SANTA ANA EXHIBIT 'I - SCOPE OF SERVICES INTRODUCTION/BACKGROUND The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide on-call materials testing and special inspections services. Under the City of Santa Ana's Capital Improvement Program, a number of construction projects will take place in the next few years. These projects include street pavement, traffic signals, underground utilities, buildings, bridges, and park facility improvements. The total value of construction is estimated to exceed $150 million. In order to maintain high quality of construction, the City intends to retain testing and inspection firms to provide quality assurance services for those projects. The selected firms are expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this RFP is to solicit proposals from quality control consulting firms for the required services. The selected consultant is expected to enter into an agreement with the City to provide services on an as-needed basis. The resulting agreement(s) will be locally and federally funding. Funding sources for each project may vary and shall comply with the funding agency's requirements. Special conditions may apply. State and Federal grant funds administered by the California Department of Transportation (Caltrans) will be used to fund all or a portion of these projects. The successful proposer will be required to comply with all requirements associated with federal funding in carrying out the project. The Caltrans Requirements referenced in Attachment K of this RFP provides additional information on federal funding requirements. All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies, presentations, and/or reports will be subject to the final approval and satisfaction of the City. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Prime consultant mark-ups for sub-consultant work will not be allowed. Scope of Services The required services shall include, but not be limited to the following: 1. Provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. 2. Provide inspections for installation of precast and cast-in-place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents. Submit field reports to the City immediately after inspections are completed, All deputy inspectors shall register with the City's Planning and Building Agency prior to starting inspection. (9) CITY OF SANTA ANA 3. Perform test on various construction materials as required by the City. Available tests may include the following: a. Mix Designs b. Concrete c. Concrete Blocks d. Brick Masonry e. Masonry Prisms f. Mortar and Grout g. Fireproofing h. Soils and Aggregates i. Asphalt Concrete j. Reinforcing Steel k. Environmental 4. Inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and fall protection. 5. Recommend testing method on defective work and advise the City of acceptance standards. 5. Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. 7. Provide other quality control services as requested by the City. 8. Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Book" and "CBC" requirements and to other concerned parties within a week after the work is performed. 9. Submit a final report to the City within five working days upon completion of each project. 10. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Proposer's Construction Manager will be responsible for reviewing and approving monthly progress payments, and make recommendations for certification to City Staff for payment. 11. Act as an advisor to the City throughout construction and commission of the project. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. 12. The individuals, Construction Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of City Staff and clarified prior to construction starts. (9) CITY OF SANTA ANA 13. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise. 14. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. 15. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as-built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records. 16. Evaluate the completion of the work of the contractor and make recommendations to the City when work. is ready for final inspection. Assist the City in conducting final inspections. 17. Facilitate and coordinate inspection by representatives of other agencies. 18. Assist City with project budget tracking by funding source to ensure progress payment applications are applied appropriately to correct funding sources. 19. Assist City with submission of narrative and financial reports on the progress and activities of the project to grant agencies 20. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. 21. Shall coordinate and assist the City's Community Work Force Agreement (CWA) Consultant to monitor and enforce the CWA forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments. 22. The Proposer's Constructor Manager shall be responsible for all project closeout items, such as: As-Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. 23. The Proposer's Construction Manager shall also provide material testing and inspection to provide quality assurance services for the project. Expected testing and inspection for construction activities may involve grading, soils, base material, concrete, masonry, asphalt concrete, structural elements, and other quality assurance services as required. All frequency of services shall be in accordance with the City of Santa Ana Quality Assurance Program provided in Exhibit 6. The City reserve the right to add or reduce some of the above tasks and duties as it sees fit. The Consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project. (9) CITY OF SANTA ANA NOTICE TO PROCEED: "On-Call" contracts require the City Project Managers to request a project/task proposal from Consultants on an "as-needed" basis. Proposals will then be evaluated by City Staff and written NTPs will be issued accordingly per task order. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. This agreement may utilize Federal, Caltrans, Comprehensive Transportation Funding Program (CTFP)and local funds. Proposer shall comply with all requirements as they pertain to use of these funds. FEE SCHEDULES: In addition to Section V. Proposal Response Instructions, 2. Cost Proposal,fee schedules shall be structured to correspond to the above mentioned tasks as follows: Task: Construction Management and Inspection Services - Subtasks Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Provide general direction as needed for the assigned project • Advertise, award, and execution of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's Computer Aided Design and Drafting Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities • Facilitate City Permits EXHIBIT B T7 r .-I �*r- a ,� �,�• � 94 `� •+ �� _ 1 1 r �'�-_ ice.- s� :� • Sv yin.. ttlt Mk■IIIk11144111�++I++m �'�►+� �kW.eke•RI.M��__,� �l 'tp0 REQUEST FOR PROPOSAL (RFP) NO. 2C-059A FOR ON-CALL MATERIALS TESTING AND SPECIAL INSPECTIONS SERVICES Submitted by: KUukY ENGINEERING & TESTING, INC. - Bridget Sherman ] Senior Project Executive 1 951.741.7333 BSherman@KouryEnginFering.com KOURY Lk t .. City of Santa Ana J Public Works Agency Attention: Christopher Plutte, Senior Civil Engineer 20 Civic Center Plaza, M-22 Firm Legal Name: Santa Ana, CA 92701 Koury RE: Response to Request for Proposal(RFP)No.25-059A for On-Call Materials Testing and &Testing,Inc. Special Inspections Services Dear Mr. Plutte and Fellow Selection Committee Members: Koury En 'meerin &Testing,Inc.(Koury)appreciates the opportunity to submit this proposal Bridget for On-Call Materials Testing and Special Inspections Services for the City of Santa Ana. Senior Project Executive With 49 upcoming capital improvement projects totaling more than $190 million, including street improvements, utility upgrades, public facilities, and other critical infrastructure work, the City's need for responsive testing, inspections, and timely reporting is essential to maintaining project schedules,just put project schedules and construction quality. For more than 30 years, Koury has provided geotechnical engineering, construction materials Entity Type: testing, special inspections, and certified laboratory services for public agencies across California Southern California. Our experience includes supporting the Cities of Anaheim, Corona, and Corporation Brea,as well as Orange County Sanitation District and projects within Santa Ana through Santa Ana Unified School District.This work has given our team strong familiarity with the schedule demands, contractor coordination, and accountability required to successfully support publicIncorporated: infrastructure projects. We understand that successful on-call support is measured by responsiveness, consistency, and the ability to keep projects moving without creating additional workload for City staff. 5711 Schaefer Ave. Delayed inspections, slow reporting, and inconsistent field coverage can affect project Chino,CA 91710 schedules and construction progress. DSA LEA No.146 Koury's proprietary dispatch system, FAST,is designed to support rapid field response,efficient scheduling, and dependable inspector coverage across multiple active projects. Combined DIR No: with staff based throughout Orange County, including staff with experience supporting projects within Santa Ana and throughout Orange County,we are able to mobilize quickly for 1000007497 both scheduled assignments and urgent field needs. As a woman-owned certified small business, Koury offers direct access, faster decision Federal Tax ID No.: - making, and consistent senior-level involvement throughout every assignment. Our structure 95-4794329 allows clients to work directly with the professionals responsible for project delivery, helping maintain schedules, resolve issues efficiently, and reduce administrative burden on City staff. com We are committed to maintaining the key personnel identified in this proposal throughout the term of the agreement and providing the continuity, accountability, and technical support the City expects from its on-call partners. Ms. Bridget Sherman,Senior Project Executive, is authorized to submit this proposal and make legally binding commitments on behalf of Koury Engineering&Testing, Inc. We appreciate your consideration and look forward to the opportunity to support the City of Santa Ana with responsive, dependable, and technically sound service. Sincerely, ou/tIA./na-111) Bridget Sherman Senior Project Executive Koury Engineering&Testing, Inc. 1 .0• .0. . 2 F(9-1 )KOURYB. SERVICES PROVIDED Koury proposes to provide comprehensive on-call materials testing and special inspection services that fully address the requirements outlined in Exhibit 1 - Scope of Services. Our approach is specifically designed to demonstrate a clear understanding of the City of Santa Ana's needs, provide complete and compliant services,and deliver measurable value through responsiveness, quality, and efficiency. Understanding of the City's Needs and Scope Koury understands that the City requires a qualified on-call consultant to support a wide range of public works and capital improvement projects, including roadways, utility, and facility improvements.These services must ensure that all materials and workmanship incorporated into construction projects comply with contract specifications, applicable codes, and regulatory requirements. Consistent with the City's Quality Assurance Program (QAP), our services are structured to support both the Materials Acceptance Program and Independent Assurance Program, ensuring that all testing, inspection, and documentation activities meet required standards for local and federally funded projects. Comprehensive Scope of Services Koury will provide a full suite of services that meet and exceed Exhibit 1 requirements, including: • Field Testing and Inspection: Sampling and testing of soils, aggregates, asphalt, and concrete; compaction and density testing; pavement observation; and utility trench backfill testing • Laboratory Testing: Certified laboratory testing in accordance with ASTM,AASHTO, and Caltrans standards • Special Inspections: Structural steel, reinforced concrete, masonry,welding, and other ICC-required inspections • Materials Verification: Mix design review, source inspection, and verification of manufactured materials, including certificates of compliance • Construction Support: Coordination with contractors and City staff, attendance at preconstruction meetings, and real-time issue resolution • Documentation and Reporting: Daily field reports, test summaries, and final project documentation in accordance with City requirements This comprehensive service offering ensures that all aspects of materials testing and special inspection are addressed in a single, coordinated program. Methodology and Approach Koury's service delivery model is built around responsiveness, technical accuracy, and proactive coordination, which are critical to successful on-call contracts. Key elements of our approach include: • Rapid Mobilization: Deployment of certified inspectors and technicians through a centralized dispatch system to support both scheduled and urgent requests • Qualified Personnel: Use of certified field and laboratory staff meeting Caltrans,ACI, ICC, and other applicable certification requirements • Accredited Laboratory Services:Testing performed under the supervision of registered professional engineers in qualified laboratories, as required by the City's QAP • Quality Control: Implementation of internal QA/QC procedures to ensure accuracy, consistency, and compliance with project specifications • Coordination: Continuous communication with City staff, contractors, and project stakeholders to minimize delays and resolve issues efficiently • •f• 606-61111 www.kouryeng�ncering.com . =i3 F(fr)KOURY PROVIDED Compliance with Regulatory and City Requirements Koury's services are fully aligned with all applicable regulatory standards and City requirements, including: • Caltrans Local Assistance Procedures Manual (LAPM) for federally funded projects • ASTM,AASHTO, and Caltrans testing standards • City of Santa Ana Quality Assurance Program requirements for sampling, testing frequencies, calibration, and reporting • Documentation and record-keeping requirements for project certification and audit compliance Our processes ensure that all acceptance testing is properly performed, documented, and verified, with results submitted within required timeframes and maintained in accordance with City standards, Value to the City Koury provides added value through: • Proven On-Call Experience: Extensive history supporting municipal CIP programs with similar scope and complexity • Scalability:Ability to support multiple concurrent task orders without compromising quality or schedule • Efficiency: Streamlined operations and real-time tracking systems that reduce administrative burden and improve turnaround times • Reliability: Consistent delivery of accurate testing results and clear documentation to support timely decision-making Koury Engineering -sti.ng, Inc. 1(909)606-6111 lwww.kouryengineenng.corn4 K©tr.IRY A � r Koury Engineering&Testing,Inc.(Koury)is a California S Corporation established in 1992,providing geotechnical engineering, construction materials testing, special inspections, and engineering geology services throughout Southern California. Koury currently employs more than 85 professionals, including registered civil and geotechnical engineers, engineering geologists, certified inspectors, laboratory technicians, and support personnel. Personnel assigned to this agreement will include approximately 15 staff members consisting of project management, engineering, inspection, laboratory, and administrative support personnel.Team members maintain certifications through ICC, ACI,AWS, Caltrans, and other applicable agencies. Koury's headquarters office and nearest office serving Santa Ana is located at: 5711 Schaefer Ave, Chino, CA 91710 Koury's services include subsurface investigations,pavement evaluation and design,foundation recommendations, earthwork observation, field and laboratory testing of soils, asphalt, concrete, masonry, and structural steel, and special inspection services supporting public agency and capital improvement projects throughout Southern California. The supervising Project Manager and Principal Agent assigned to this agreement will be: Bridget Sherman,Senior Project Executive Phone: (951) 741-7333 Email: BSherman@kouryengineering.com Ms. Sherman will serve as Koury's primary point of contact and will be responsible for overall project management, coordination, staffing, and communication with the City throughout the duration of the agreement. Koury - 909 .0.-6111'l www.kouryengineering.comr 5 Fg-OKOURY ILL ' A IL, EXPERIENCE - ORG CHART The proposed project organization is structured to provide clear communication, consistent oversight, and responsive support throughout the duration of the agreement. Ms. Bridget Sherman, Senior Project Executive,will serve as Koury's primary point of contact and provide overall management and coordination for all assignments issued under the contract. Project managers, engineers, inspectors, and laboratory personnel will work within an integrated team structure to support field services, testing, reporting, and quality assurance activities.This approach provides direct access to key personnel, efficient coordination of resources, and the flexibility to respond to multiple concurrent task orders and urgent project needs. 5 694 MANAGING ENGINEER !CHIEF artin Lowenthal Ln Gaprelian, PE, GE 7. PRINCIPAL iL •TECHNICAL SUPERVISING ENGINEE da PROJECT DIRECTOR Jacque Bridget Sherman Roy, PE,GE *Main POC Michael Carrillo 11 . OPERATIONS FIELD a DIRECTOR OF 11 wLABORATORY Kathy Menefee Sean Emami A�i FIELD SUPERVISOR Manuel Baeza t � SOILS +. SPECIAL INSPECTORS Carlos Garcia Dea Allen Jamie Farley David Uribe Jr. Hussam Hanna ADDITIONAL RES• In addition to our team of Project Managers,Inspectors and Engineering staff,Koury has avast number of qualified vendors to support the City.Services include geotechnical drilling,waterproofing inspections/testing,and specialized environmental testing. F(9_,, )K0URY L D. PROPOSED WORK PLAN UNDERSTANDING OF THE SCOPE OF SERVICES Koury clearly understands that the City of Santa Ana requires a highly responsive, technically qualified, and reliable on-call consultant to deliver materials testing and special inspection services across a diverse range of public works and capital improvement projects. These projects, including roadway rehabilitation, underground utilities,structural improvements,and public facilities,require accurate testing,timely inspections,and defensible documentation to ensure full compliance with contract specifications and regulatory standards. The Scope of Services necessitates a coordinated and consistent approach to field testing, laboratory analysis, special inspections,and reporting, all performed in strict accordance with the City's Quality Assurance Program (QAP). This includes adherence to prescribed sampling and testing frequencies, utilization of certified personnel, calibrated equipment, and complete documentation to support both the Materials Acceptance Program and Independent Assurance Program. Koury not only understands these requirements but has structured its service delivery model to meet and exceed them, providing the City with a dependable partner capable of supporting multiple concurrent task orders while maintaining consistent quality, rapid response,and clear, proactive communication. i,Anticipated Approach to Performing Services Koury's approach is a technology-enabled,quality-focused methodology designed to deliver efficient, accurate, and transparent services while minimizing risk to the City. By integrating experienced personnel, accredited laboratory services, and our proprietary FAST (Field and Service Timekeeping) platform, Koury provides a streamlined workflow that enhances coordination, reduces errors, and accelerates decision-making. Project Initiation and Coordination Upon receipt of a task order, Koury will assign a dedicated Project Manager who will serve as the single point of accountability for scope,schedule,and quality.The Project Managerwill proactively review plans and specifications, confirm testing requirements, and establish clear communication protocols with City staff. Project data, requirements, and schedules are immediately incorporated into the FAST platform, ensuring that all team members operate from a single, consistent source of information, reducing the potential for miscommunication and improving overall project efficiency. Mobilization and Field Operations Koury provides rapid and reliable mobilization of qualified personnel, supported by centralized dispatch and FAST-enabled scheduling tools. This allows us to efficiently assign certified inspectors and technicians based on project needs, ensuring timely response to both routine and urgent requests, an essential factor in maintaining construction schedules. Field personnel perform sampling,testing,and special inspections in strict accordance with project specifications and applicable standards (ASTM,AASHTC), and Caltrans). Services include: • Earthwork observation and compaction testing • Asphalt and concrete sampling and testing • Aggregate and base material testing • Utility trench backfill testing * Structural special inspections All field activities are documented in real time using FAST, which captures structured data including test results, locations, inspector notes, time tracking, and digital signatures.This real-time data capture reduces transcription errors,ensures completeness,and strengthens the defensibility of project records. Koury Engineering&Testi6g, Inc.] 909 606-61111 www.kouryengineering.com18 F(9-1 )KOURY L L L D. PROPOSED WORK PLAN Laboratory Testing and Quality Assurance Laboratory testing is conducted in accredited facilities under the supervision of registered professional engineers, fully compliant with the City's QAP requirements. Koury follows established ASTM, AASHT©, and Caltrans methodologies to ensure consistency and reliability of results. Koury's internal QA/QC program emphasizes accuracy,repeatability,and accountability,with routine calibration of equipment and rigorous review of test results. FAST further enhances quality control by incorporating built-in validation checks and standardized data entry, reducing the likelihood of errors and ensuring alignment between field and laboratory data. Data Management, Reporting,and Communication Koury's FAST platform is a key differentiator, providing a fully integrated system for real-time data collection, reporting,and project visibility. Information collected in the field is immediately available in a centralized, web- based interface, allowing for efficient review, analysis, and reporting. This system provides measurable value to the City by: • Delivering real-time access to inspection and testing data • Ensuring standardized,complete,and validated reporting Eliminating duplicate data entry and reducing administrative burden • Accelerating report turnaround times • Enhancing transparency and supporting informed decision-making By improving both the speed and accuracy of reporting, FAST enables the City to make timely decisions, reducing the risk of construction delays and rework. Coordination and Issue Resolution Koury maintains proactive and continuous communication with City staff and contractors. FAST supports this effort by providing real-time visibility into project activities, allowing for early identification of potential issues. In the event of non-conforming materials or test results, Koury immediately notifies the City, provides clear documentation, and offers practical recommendations for corrective action. This proactive approach helps minimize impacts to schedule, budget, and overall project quality. Project Closeout At project completion, Koury compiles all testing and inspection data into a comprehensive, well-organized record. FAST ensures that all documentation is complete, consistent, and readily accessible, supporting the City's requirements for project certification, audit readiness, and long-term record retention. ii.Suggestions and Special Considerations Based on our extensive experience with similar municipal and federally funded programs, Koury offers the following recommendations to further enhance project success: • Early Alignment of Requirements: Establishing clear expectations for testing frequencies, reporting formats, and turnaround times at project initiation will improve efficiency and ensure full compliance with QAP requirements. • Utilization of Digital Reporting Tools: Leveraging systems such as FAST provides the City with real-time access to accurate, validated data, improving transparency, reducing administrative effort, and enhancing overall program management. 909 .0. www.kouryengineering.com.] . 19 F(f6v)K 0 U R Y D. PROPOSED WORK PLAN • Proactive Scheduling for Concurrent Projects: Advance coordination across multiple task orders will optimize resource allocation and maintain consistent service delivery. • Integration with Independent Assurance Processes: Early coordination for projects requiring Independent Assurance will streamline compliance and reduce redundancy. • Flexibility and Responsiveness: Maintaining the ability to respond to urgent or after-hours requests is critical to avoiding construction delays and ensuring project continuity. Koury's proposed work plan reflects a thorough understanding of the Scope of Services and provides a comprehensive, efficient, and low-risk approach to delivering materials testing and special inspection services. Through the integration of experienced personnel, rigorous quality control procedures, and our proprietary FAST platform, Koury offers the City a solution that enhances accuracy,improves transparency,reduces administrative burden,and supports timely, informed decision-making. Our approach is specifically designed to protect the City's interests,ensure regulatory compliance,and contribute to the successful,on-schedule delivery of its capital improvement projects. EngineeringKoury - 909 .0. 6 za EXHIBIT C f r^ 1 ' AV Av IU �. 2. COST PROPOSAL KOURY ENGINEERING & TESTING, INC. �� 11. LOCALLY FUNDED Lk PROJECTS FEE SCHEDULE KOURY ENGINEERING & TESTING, INC. LOCALLY FUNDED FEE SCHEDULE 2026 - 2027 PERSONNEL CHARGES Principal Engineer/Geologist ................................................................................................. $225.00/hr. Project Engineer/Geologist Registered...................................................................................... $190.00/hr. Staff Engineer/Geologist Non-Registered.................................................................................. $150.00/hr. ProjectManager..................... .................................................................................................. $130.00/hr. Supervisor ............................................................................................................. $110,00/hr. InspectorICC ............................................................................................................................ $130.00/hr. Engineering Field Technician (Soils and Materials).................................................................... $125.00/hr. Drafting ...................................................................................................................................... $90.00/hr. CertifiedPayroll ....................................................................................................................... $75.00/week Word Processing/Clerical ........................................................................................ ...... $80.00/hr. LABORATORY TESTING FEES SOIL TESTING ChlorideTest. ...........................................................................................................................$115.00/ea. Chunk Density& Moisture...........................................................................................................$30.00/ea. Consolidation Testing a)Consolidation-full.....................................................................................................$195,00/ea. b) Consolidation- Remold .............................................................................................$60.00/ea. c)Consolidation -Single Point .....................................................................................$100.00/ea. Corrosion Analysis Test(Ph Redox, Resistivity) .......................................................................$195.00/ea. Direct Shear Testing a) Direct Shear- In-Situ (3 Point)...................................................................................$300.00/ea. b) Direct Shear- Remold (3 Point).................................................................................$350.00/ea. ExpansionIndex Test ...............................................................................................................$175.00/ea. Compaction Curves 4-inch mold (ASTM D1557, Method A or B 4" Mold) ....................................................$175.00/ea. 6-inch mold (ASTM D1557, Method C 6" Mold) ..........................................................$175.00/ea. CalTrans 216 ................................................................................................................$250.00/ea. Moisture Content Test ...............................................................................................................$30.00/ea. OrganicContent Test .................................................................................................................$40.00/ea. PermeabilityTest .............................................................................................................................. Quote Atterberg Limits Test ...............................................................................................................$100.00/ea. Resistance Value Test(R-value).................................................................................................$375.00/ea. Resistivity...................................................................................................................................$115.00/ea. Page i o4-4 Koury Engineering & Testing,Inc. • •0' .0,-61111 www.kouryengineering.com I Chino 27 CKOURY • ' FUNDED kkL • SCHEDULE- SCHEDULE OF FEES Ring Moisture& Density Test ....................................................................................................$33.00/ea. SandEquivalent Test ................................................................................................................$125.00/ea. Sieve Analysis Test-(Hydrometer)............................................................................................$225.00/ea. SieveAnalysis Test-(Full)..........................................................................................................$160.00/ea. Sieve Analysis Test-(-200).........................................................................................................$120.00/ea. Sulfate Test ..................................................................... .$85.00/ea. CONCRETE/MASONRY TESTING Cylinder Compression Test ........................................................................................................$30.00/ea. CylinderCore,Charge..................................................................................................................$40.00/ea. Cylinder Trim or Capping Charge.................................................................................................$15.00/ea. Grout/Mortar Compression Test ...............................................................................................$35.00/ea. MasonryPrism Test .................................................................................................................$235.00/ea. Length Change Test, Hardened Hydraulic-Cement Mortar and Concrete ASTM C157 ..............................................................$800.00/ea. ASPHALT TESTING Asphalt Content-Ignition Oven Premixed AC Sample(CT382) ........................................................................................$225.00/ea. Asphalt Content/Gradation-Ignition Oven Premixed AC Sample(CT202,CT382) ............................................................................$280.00/ea. Hveem Specific Gravity/Stability Value, Premixed AC Sample(CT308,CT366) ............................................................................$280.00/ea. Hveem Stability Value-Premixed AC Sample(CT366)..............................................................$200.00/ea, Hveem Specific Gravity/Stability Value(Rubberized Asphalt) Premixed AC Sample(CT308,CT366) ............................................................................$275.00/ea. Hveem Stability Value (Rubberized Asphalt) Premixed AC Sample(CT366) ......................................................................................$275.00/ea. Specific Gravity of Hveem or Core Sample-Uncoated (CT308)...................................................$90.00/ea. Specific Gravity of Hveem or Core Sample-Coated (CT308).....................................................$115.00/ea. Determination of Correction Factor for Specific Mix Design.....................................................$300.00/ea. AGGREGATE TESTING Specific Gravity and Absorption-Coarse Aggregate(ASTM C127) ...............................................................................................$140.00/ea. Specific Gravity and Absorption-Fine Aggregate(ASTM C128).................................................................................................$200.00/ea. Sodium or Magnesium Sulfate Soundness Fine or Coarse Aggregate(ASTM C88), per fraction......................................................$235.00/ea. Los Angeles Abrasion-Small Size Coarse Aggregate(ASTM C131).......................................................................I.........................$275.00/ea. Los Angeles Abrasion-Large Size Coarse Aggregate (ASTM C535).................................................................................................$300.00/ea. Durability Index Fine or Coarse Aggregate (Calif 229).......................................................................................................................$400.00/ea. Potential Reactivity of Aggregate-Chemical Method (ASTM C289).....................................................................................................$440.00/ea. Page 2 of (updated May 2026) Koury Engineering & Testing,Inc. Koury Engineering&Testing, Inc. 909 .0. 6 . . 28 F(90KOURY LkL 11. LOCALLY FUNDED kk PROJECTS FEE SCHEDULE SCHEDULE OF FEES LABORATORY TESTING FEES,(continued) Petrographic Examination Fine to Coarse Method(ASTM C295)each (Plus Thin-Sections)........................................................$2,100.00/ea. Gradation of Aggregates(ASTM C136)(Calif 202) Fine Aggregate Dry Sieve...............................................................................................$125.00/ea. Fine Aggregate Washed Sieve ......................................................................................$150.00/ea. Coarse Aggregate Dry sieve .........................................................................................$150.00/ea. Coarse Aggregate Washed Sieve .................................................................................$165.00/ea. Combined Aggregate Dry Sieve ...................................................................................$175.00/ea. Combined Aggregate Washed sieve ............................................................................$230.00/ea. Material Finer than#200 Sieve (ASTM C117) ..................................................................................................................$125.00/ea. Sand Equivalent Test(ASTM D2419) (Calif 217)........................................................................$130.00/ea. Flat and Elongated Particles(ASTM D4791) ..............................................................................$225.00/ea. Clay Lumps and Friable Particles(ASTM C142)..........................................................................$125.00/ea. Lightweight Particles(ASTM C123) Coat/Lignite(sp gr=2.00)........................................................................................................$115.00/ea. Chert(sp gr=-2.4) .....................................................................................................................$120.00/ea. Organic Impurities in Fine Aggregate (ASTM C40).....................................................................$100.00/ea. Cleanness Value(Calif 227)........................................................................................................$200.00/ea. Unit Weight/Calculated Voids(Fine/Coarse /Mixed Aggregates)(ASTM C29)..................................................................................$175.00/ea. Resistance Value Test(R-Value) (Calif 301) Aggregate Base Material................................................................................................$350.00/ea. Potential Alkali Reactivity of Cement-Aggregate Combinations(Mortar-Bar Method) (ASTM C227)................................................................. Quote Potential Volume Charge of Cement-Aggregate Combination (ASTM C342)...................................................................................................... Quote Potential Reactivity Rock Cylinder Method (ASTM C586) ........................................................................................................................... Quote Length Change Due to Alkali-Carbonate Reactivity(ASTM C1105)......................................................................................................... Quote Potential Reactivity Mortar Bar (ASTM C1260) ...................................................................................................... Quote Potential Expansion of Aggregates from Hydration (ASTM D4792)........................................................................................................ Quote Aggregate Sampling,Staff Geologist/Engineer (Portal to Portal), per hour............................................................................................ $160.00/hr. Shipping...................................................................................................................................Cost Plus 20% ****1.5X Surcharge on rush turn-around for laboratory testing. EQUIPMENT USAGE/RENTAL CHARGES Core Drilling Bit Wear Charge. ...............................................................................................$10.00/core Pachometer Reinforcement Locator ......................................................................................$50.00/day Page 3 of4(updated May 2026) Koury Engineering& Testing, Inc. Koury - 909 .0. 6 . - -ring.corn I Chino 29 F90KOURY Ik L Ik k 11. LOCALLY FUNDED .k PROJECTS FEE SCHEDULE 2025 SCHEDULE OF FEES MINIMUM CHARGES EngineeringTechnician.......................................................................................................................4 hours ICCSpecial Inspector .........................................................................................................................4 hours All Inspection Beyond 4 hours............................................................................................................8 hours Show Up and No Testing or Inspection...............................................................................................2 hours Cancellation of Work After 3:00 pm or same day...............................................................................2 hours Expedite of Scheduling After 3:00 pm or same day....................................................................1.5 x hr. rate SHIFT DIFFERENTIAL Second Shift(2PM-12PM)................................................................................................................12.50/hr. Third Shift(IOPM-8AM)...................................................................................................................18.00/hr. MILEAGE/TOLL ROAD FEES VehicleMileage........----..............................................................................................................$0.85/mile Toll Road Charges..................................................................................................Invoiced at Cost, plus 20% OVERTIME Overtime at the rate of 1.5 times the applicable hourly rate will be charged for any time, more than 8 hours and less than 12 hours in any one day, Monday through Friday, and time before 6:00 a.m. or after 6:00 p.m.and for Saturday work up to 8 hours.Work performed in excess of 12 hours on Monday through Friday,in excess of 8 hours on Saturday,and all work on Sundays or Company recognized Holidays will be charged at 2.0 times the applicable hourly rate. GENERAL Fees for special projects, services overseas, or elsewhere in the United States,will be quoted on request. With prior notification to Client, charges are subject to change at any time. Koury reserves the right to adjust the rates quoted in this contract based upon any CPI/State/Labor mandated increases and/or changes in any industry requirements. OUTSIDE SERVICES Professional services, equipment, or tests not provided by Koury and any unusual items of expense not customarily incurred in our normal operations will be charged at cost plus 15 percent. Page 4 or4(updated May 2026) Koury Engineering& Testing,Inc. Koury Engineering&Testing, Inc.1 909 .0. www.kt)uryehgineering.com . 30 kkk PROJECTS FEE SCHEDULE KOURY ENGINEERING & TESTING, INC. FEDERALLY FUNDED FEE SCHEDULE 2026 - 2027 PERSONNEL CHARGES Principal Engineer/Geologist ................................................................................................. $230.00/hr. Project Engineer/Geologist Registered...................................................................................... $200.00/hr. Staff Engineer/Geologist Non-Registered.................................................................................. $175.00/hr. ProjectManager........................................................................................................................ $140.00/hr. Supervisor.................................................................................................................................. $120.00/hr. InspectorICC ............................................................................................................................ $135.00/hr. Engineering Field Technician (Soils and Materials).................................................................... $130.00/hr. Drafting ...................................................................................................................................... $90.00/hr. CertifiedPayroll ....................................................................................................................... $75.00/week Word Processing/Clerical ........................................................................................................... $80.00/hr. LABORATORY TESTING FEES SOIL TESTING ChlorideTest. ...........................................................................................................................$115.00/ea. ChunkDensity& Moisture...........................................................................................................$30.00/ea. Consolidation Testing a)Consolidation-full—_....................................................._......... ...........................$195.00/ea. b)Consolidation- Remold .............................................................................................$60,00/ea. c)Consolidation-Single Point .....................................................................................$100.00/ea. Corrosion Analysis Test(Ph Redox, Resistivity) .......... ............................................................$195.00/ea. Direct Shear Testing a) Direct Shear- In-Situ (3 Point)...................................................................................$300.00/ea. b) Direct Shear-Remold(3 Point).................................................................................$350.00/ea. ExpansionIndex Test ...............................................................................................................$175.00/ea. Compaction Curves 4-inch mold(ASTM D1557, Method A or B 4" Mold) ....................................................$175.00/ea. 6-inch mold (ASTM D1557, Method C 6" Mold) ..........................................................$175.00/ea. CalTrans 216 ................................................................................................................$250.00/ea. Moisture Content Test ...............................................................................................................$30.00/ea. OrganicContent Test .................................................................................................................$40.00/ea. PermeabilityTest ........................................................................................................ . Quote AtterbergLimits Test ...............................................................................................................$100.00/ea. Resistance Value Test(R-value).................................................................................................$375.00/ea. Resistivity...................................................................................................................................$115.00/ea. Page i of4 Koury Engineering& Testing,Inc. Koury Engineering - .0. 6 . -- . 31 F(90 K 0 U R Y LILL. 111. FEDERALLYFUNDED PROJECTSLk r SCHEDULE OF FEES Ring Moisture&Density Test ....................................................................................................$33.00/ea. Sand Equivalent Test ................................................................................................................$125.00/ea, Sieve Analysis Test-(Hydrometer)............................................................................................$225.00/ea. Sieve Analysis Test-(Full)..........................................................................................................$160.00/ea. Sieve Analysis Test-(-200).........................................................................................................$120.00/ea. SulfateTest ................................................................................................................................$85.00/ea. CONCRETE/MASONRY TESTING Cylinder Compression Test ........................................................................................................$30.00/ea. CylinderCore,Charge................o.................................................................................................$40.00/ea. Cylinder Trim or Capping Charge.................................................................................................$15.00/ea. Grout/Mortar Compression Test ...............................................................................................$35.00/ea. MasonryPrism Test .................................................................................................................$235.00/ea. Length Change Test, Hardened Hydraulic-Cement Mortar and Concrete ASTM C157 ..............................................................$800.00/ea. ASPHALT TESTING Asphalt Content-Ignition Oven Premixed AC Sample(CT382) ........................................................................................$225.00/ea. Asphalt Content/Gradation-Ignition Oven Premixed AC Sample(CT202, CT382) ............................................................................$280.00/ea. Hveem Specific Gravity/Stability Value, Premixed AC Sample (CT308,CT366) ............................................................................$280.00/ea. Hveem Stability Value-Premixed AC Sample (CT366)..............................................................$200.00/ea. Hveem Specific Gravity/Stability Value(Rubberized Asphalt) Premixed AC Sample(CT308,CT366) ............................................................................$275.00/ea. Hveem Stability Value(Rubberized Asphalt) Premixed AC Sample(CT366) ......................................................................................$275.00/ea. Specific Gravity of Hveem or Core Sample-Uncoated(CT308)...................................................$90.00/ea. Specific Gravity of Hveem or Core Sample-Coated(CT308).....................................................$115.00/ea. Determination of Correction Factor for Specific Mix Design.....................................................$300.00/ea. AGGREGATE TESTING Specific Gravity and Absorption-Coarse Aggregate (ASTM C127) ...............................................................................................$140.00/ea. Specific Gravity and Absorption-Fine Aggregate (ASTM C128).................................................................................................$200.00/ea. Sodium or Magnesium Sulfate Soundness Fine or Coarse Aggregate (ASTM C88), per fraction......................................................$235.00/ea. Los Angeles Abrasion -Small 'Size Coarse Aggregate(ASTM C131).................................................................................................$275.00/ea. Los Angeles Abrasion-Large Size Coarse Aggregate (ASTM C535).................................................................................................$300.00/ea. Durability Index Fine or Coarse Aggregate (Calif 229).......................................................................................................................$400.00/ea. Potential Reactivity of Aggregate-Chemical Method (ASTM C289).....................................................................................................$440.00/ea. Page 2 of (updated May 2026) Koury Engineering& Testing,Inc. Koury Engineering&Testing, Inc. 909 .0. . 32 F(9,1 )KOURY i ' ■ FUNDED PROJECTSkk i SCHEDULE OF FEES LABORATORY TESTING FEES, (continued) Petrographic Examination Fine to Coarse Method(ASTM C295)each (Plus Thin-Sections)........................................................$2,100.00/ea. Gradation of Aggregates(ASTM C136) (Calif 202) Fine Aggregate Dry Sieve...............................................................................................$125.00/ea, Fine Aggregate Washed Sieve ......................................................................................$150.00/ea. Coarse Aggregate Dry sieve .........................................................................................$150.00/ea. Coarse Aggregate Washed Sieve ...___..............................................................._.......$165.00/ea. Combined Aggregate Dry Sieve ...................................................................................$175.00/ea. Combined Aggregate Washed sieve ............................................................................$230.00/ea, Material Finer than#200 Sieve (ASTM C117) ..................................................................................................................$125.00/ea, Sand Equivalent Test(ASTM D2419)(Calif 217)........................................................................$130.00/ea. Flat and Elongated Particles(ASTM D4791) ..............................................................................$225.00/ea. Clay Lumps and Friable Particles(ASTM C142)..........................................................................$125.00/ea. Lightweight Particles(ASTM C123) Coat/Lignite(sp gr=2.00)........................................................................................................$115.00/ea, Chert(sp gr=-2,4).....................................................................................................................$120.00/ea. Organic Impurities in Fine Aggregate(ASTM C40).....................................................................$100.00/ea. Cleanness Value(Calif 227)........................................................................................................$200.00/ea. Unit Weight/Calculated Voids(Fine/Coarse /Mixed Aggregates)(ASTM C29)..................................................................................$175.00/ea, Resistance Value Test(R-Value) (Calif 301) Aggregate Base Material................................................................................................$350.00/ea. Potential Alkali Reactivity of Cement-Aggregate Combinations(Mortar-Bar Method) (ASTM C227)................................................................. Quote Potential Volume Charge of Cement-Aggregate Combination (ASTM C342)......................................................................................I............... Quote Potential Reactivity Rock Cylinder Method (ASTM C586) ........................................................................................................................... Quote Length Change Due to Alkali-Carbonate Reactivity(ASTM C1105)............................................................................ ................. Quote Potential Reactivity Mortar Bar (ASTM C1260) ......................................................................................................................... Quote Potential Expansion of Aggregates from Hydration (ASTM D4792)........................................................................................................ Quote Aggregate Sampling,Staff Geologist/Engineer (Portal to Portal), per hour............................................................................................ $160.00/hr. Shipping...................................................................................................................................Cost Plus 20% ****1.5X Surcharge on rush turn-around for laboratory testing, EQUIPMENT USAGE/RENTAL CHARGES Core Drilling Bit Wear Charge. ...............................................................................................$10.00/core Pachometer Reinforcement Locator ......................................................................................$50.00/day Page 3 of 4(updated May 2026) Koury Engineering& Testing,Inc. Koury Engineering&Testing,jnc. 909 606-61111 www.kouryengineering.com . 33 ' KOURY 1k L Ill. FEDERALLYFUNDED PROJECTS ■ 2025 SCHEDULE OF FEES MINIMUM CHARGES Engineering Technician.................................................................................... .4 hours .................................. ICCSpecial Inspector .........................................................................................................................4 hours All Inspection Beyond 4 hours............................................................................................................8 hours Show Up and No Testing or Inspection......................................................................... .....................2 hours Cancellation of Work After 3:00 pm or same day...............................................................................2 hours Expedite of Scheduling After 3:00 pm or same day....................................................................1.5 x hr. rate SHIFT DIFFERENTIAL Second Shift(2PM-12PM)................................................................................................................12.50/hr. Third Shift(10PM-8AM)...................................................................................................................18.00/hr. MILEAGE/TOLL ROAD FEES VehicleMileage..............................................................................................................................$0.85/mile Toll Road Charges..................................................................................................Invoiced at Cost, plus 20% OVERTIME Overtime at the rate of 1.5 times the applicable hourly rate will be charged for any time, more than 8 hours and less than 12 hours in any one day, Monday through Friday,and time before 6:00 a.m. or after 6:00 p.m.and for Saturday work up to 8 hours.Work performed in excess of 12 hours on Monday through Friday,in excess of 8 hours on Saturday, and all work on Sundays or Company recognized Holidays will be charged at 2.0 times the applicable hourly rate. GENERAL Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client, charges are subject to change at any time. Koury reserves the right to adjust the rates quoted in this contract based upon any CPI/State/Labor mandated increases and/or changes in any industry requirements. OUTSIDE SERVICES Professional services, equipment, or tests not provided by Koury and any unusual items of expense not customarily incurred in our normal operations will be charged at cost plus 15 percent. Page 4 of 4(updated May 2026) Koury Engineering& Testing, Inc. Koury - 919 .f.-61111 www.kouryengineering.cbma JXP=734 EXHIBIT D Consultant shall procure and maintain for the duration of the agreement, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, and sub-contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • 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 $3,000,000 per occurrence and $6,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limit no less than $1,000,000. • Workers' Compensation (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. Consultant attests that its workers' compensation coverage extends to all persons who will be working wit the City under the agreed scope of services. • Professional liability (Errors & Omissions (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. These requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract." Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Consultant's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Consultant. Additional insured status can be provided in the form of an endorsement to Consultant's insurance. 2. For any claims related to this contract, Consultant's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers. Any insurance or self-insurance maintained by City, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. 3. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Consultant hereby grants City a waiver of subrogation which any insurer of said Consultant may acquire against City, its City Council, officers, officials, employees, agents, and volunteers by virtue of the payment of any loss under Consultant's CGL, AL, WC, and PL policies. Consultant agrees to obtain any endorsement(s)that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether City has received a waiver of subrogation endorsement from any insurer(s).. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Ricardo Perez, 20 Civic Center Plaza, M-36, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. 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, Consultant must purchase "extended reporting" coverage for a minimum of five (5)years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VI I, unless otherwise acceptable to City. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require 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. Waiver of Subrogation Consultant hereby agrees to waive rights of subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents, and sub-contractors. Verification of Coverage Consultant shall furnish 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 Entity before work begins. However,failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Consultant for any reason fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City may, at its sole option, terminate this contract at any time and obtain damages from Consultant resulting from said breach. 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. o� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDp1YYYY) 0710212026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tina Cowie NAME: Cornerstone Specialty Insurance Services, Inc. PHONE (714)731-7700 FAx (714)731 7750 AIC No Ext: Z,No): 14252 Culver Drive,A299 E-MAIL tina@cornerstonespeclalty.com apDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Irvine CA 92604 wSURERA: RLI Insurance Company 13056 INSURED INSURER B: Insurance Cc Of the West 27847 KOURY ENGINEERING&TESTING,INC. INSURERC: Continental Casualty Company 20443 5711 Schaefer Ave INSURER D; INSURER E: Chino CA 91710 INSURER F COVERAGES CERTIFICATE NUMBER: 25126 COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDfYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 v D 1,000,000 CLAIMS-MADE /� OCCUR PREMISES Ea occurrence $ X Al INSRDI P&NC MED EXP(Any one persanl s 10,000 A X BLNKT WVR OF SUBRO Y Y PSB0011949 12/18/2025 12/18/2026 PERSONAL&ADV INJURY $ 2,000,000 GEMLAGGREGATE LMITAPPLIES PER: GENERAL AGGREGATE 5 4,000,000 POLICY X JECT PRO LOC PRODUCTS-COMPIOPAGG S 4,000,000 OTHER: 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BOD I LY INJURY(Per person) 8 A OWNED SCHEDULED Y Y PSA0003933 12/18/2025 12118/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ X UM13RELLALIAB X. OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE PSE0005959 12/18/2025 12/18/2026 AGGREGATE $ 5,000,000 DED I X1 RETENTION $ 0 S WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY YIN 1,000,000 B ANY PROPRIETOR/PARTNERIEXECUTIVE NIA Y WSA 504 5114C7 12/18/2025 12/18/2026 E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1,000,Q00 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability Each Claim $5,00C,000 C Claims Made AEH276166466 12/18/2025 12/18/2026 Annual Aggregate $5,000,000 DESCRIPTION OF OPERATIONS 140CATION51 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Santa Ana,its City Council,officers,officials,employees agents and volunteers are Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement-Coverage is subject to all policy terms and conditions.30 days Notice of Cancellation*Except 10 days Notice of Cancellation for non-payment of premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Train Nguyen at 8:54 am,Jul 10,2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana-Dept of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD