Montebello City Council
June 24, 2026

34 | Page
REQUEST FOR QUALIFICATIONS FOR:

RFQ NO. 26-03 LABOR COMPLIANCE & PROGRAM

ADMINISTRATION SUPPORT SERVICES
Water Well No. 8 Completed
3/18 $11,221
Water Well No. 11 Completed
9/17 $54,620
Water Well No. 19 Completed
6/17 $54,620
Bus Stops Improvements Completed
4/17 $370,917
City Hall Annex Completed
10/17 $5,472,000
HSIP Pedestrian Improvements Completed
10/17 $412,000
Street & Water Main Improvement Wisconsin Ave Completed 10/17 $644,496
Street Improvement Redwood Ave Completed
11/16 $410,458
City of
Manhattan Beach 28th Street Stormwater Infiltration Project In Progress $26,000,000 City of Maywood HSIP Cycle 11 - Slauson Ave and Atlantic Blvd - HSIPL5265(018) In Progress $10,202,609 52nd St & 52nd Place Sewer Improvement Project In Progress $696,567 Sidewalk Rehabilitation Project FY 23-24 Completed
12/24 $81,715
Sidewalk Improvements Phase I Completed
9/06 $177,000
Sidewalk Improvements Phase II Completed
2007 $365,000
Slauson Avenue Completed
9/08 $287,000
City of Monrovia Huntington Drive Improvement In Progress $1,400,000 City of Monterey
Park 2025 Curb Ramp Improvements In Progress $200,000
Potrero Grande Project - MAT Cycle 1 In Progress $8,500,000 Langley and Barnes Park Restroom Upgrades Completed
8/25 $977,812
Curb Ramp Improvements 2024 Completed
10/25 $169,000
2022-2023 Monterey Pass Road Overlay Completed
7/25 $1,133,912
ATP Cycle 4 Monterey Park School and Crosswalk Safety
Enhancement Project
Completed
5/24 $1,360,870
HSIP Cycle 9 Garfield Avenue Traffic Signal Improvements Project
Completed
7/24 $428,028
Traffic Signal Improvements HSIP Cycle 7 Completed
5/24 $1,133,550
ADA Curb Ramps & Sidewalk Repairs Completed
12/18 $269,450
City of Norwalk Intelligent Transportation Systems Improvements (ITS) Along Imperial Highway From San Gabriel River to Shoemaker Avenue In Progress $5,754,799

35 | Page
REQUEST FOR QUALIFICATIONS FOR:

RFQ NO. 26-03 LABOR COMPLIANCE & PROGRAM

ADMINISTRATION SUPPORT SERVICES
Hermosillo Park Rehabilitation (Prj No 7607) In Progress $49,631,712 HSIP Cycle 7 Firestone Completed
11/25 $1,310,500
HSIP Cycle 7 Alondra Completed
10/25 $1,595,850
HSIP Cycle 7 Studebaker Completed
5/25 $1,579,769
HSIP Cycle 6 Studebaker Completed
3/25 $885,613
City of Ojai

PEDESTRIAN AND BIKE SAFETY IMPROVEMENTS
PROJECT: MARICOPA HWY (SR-33) ATP 02-07-168M –
ATPL-5251(026)
Completed
9/25 $2,552,100
City of Ontario 2026 Spring CDBG Pavement Rehab Project In Progress $1,615,000 2026 Spring CDBG Maintenance Slurry Seal and Pavement
Management Project In Progress $750,000
City of Pico
Rivera ADA Sidewalk Improvements CIP 50131 In Progress $224,510 ADA Sidewalk Improvements Completed
6/25 $142,120
Youth Center Renovations Completed
4/25 $799,115
Senior Center Restroom Completed
5/24 $442,888
ADA City Hall Completed
5/24 $596,900
Senior Center ADA & Safety Improvements - Parking Lot Completed 7/23 $322,807
Senior Center Flooring Renovation Completed
10/20 $92,500
Durfee Avenue ADA Ramp Improvements Completed
2/18 $86,750
Commercial Façade Completed
3/18 $126,213
Commercial Façade Completed
5/18 $48,180
Citywide Roadway Improvements Completed
5/16 $269,213
Commercial Façade Completed
6/14 $108,322
La Cocina Façade Rehab Completed
5/12 $37,511
Beverly Boulevard Completed
11/21 $2,400,000
City of Rancho
Cucamonga Family Resource Center Rehabilitation In Progress $679,000 City of Rialto CDBG Curb, Gutter & Sidewalk Improvements In Progress $158,656 Carl Johnson Center Flooring In Progress $153,736
Building 400 Completed
8/25 $1,336,499

36 | Page
REQUEST FOR QUALIFICATIONS FOR:

RFQ NO. 26-03 LABOR COMPLIANCE & PROGRAM

ADMINISTRATION SUPPORT SERVICES
CDBG Curb, Gutter & Sidewalk Improvements Completed
6/25 $125,924
CDBG Curb, Gutter & Sidewalk Improvements Completed
2/25 $196,070
Baseline Road Median Completed
8/24 $1,391,338
CDBG Curb, Gutter & Sidewalk Improvements Completed
4/24 $120,111
Building 300 Completed
9/23 $1,305,825
CDBG Curb, Gutter & Sidewalk Improvements Completed
6/23 $129,435
Protected Left Turn Signal HSIP Cycle 8 Completed
6/22 $710,906
City of San
Bernardino Encanto Park In Progress $225,000
Guitierrez Park Completed
2/26 $900,000
Ruben Campos Community Center Completed
2/26 $225,000
Pavement Rehab Completed
12/25 $763,594
City of San Luis
Obispo Roundabout at Avila Beach Drive /Shell Beach In Progress $13,839,594 City of South El
Monte
Systemic Safety Improvements at Signalized Intersections, SIP CYCLE 11, HSIPL-5352(025) In Progress $327,027
Safe Routes To School Pedestrian Safety Project, ATP CYCLE 5, ATPL-5352(023) In Progress $1,794,170
South El Monte City Hall Restroom Rehabilitation Project Completed 2/26 $553,000
HSIP Cycle 10 Traffic Signal Improvements at Lee & Garvey and Durfee & Peck
Completed
1/26 $437,390
FY 24-25 Pavement Rehabilitation Project Completed
7/25 $1,953,040
Merced Ave Greenway Completed
9/25 $9,098,474
Aquatics Center Swimming Pool Replastering Completed
5/25 $507,000
HSIP Cycle 9 Traffic Signal Improvements Completed
11/24 $381,707
Santa Anita Traffic Signal Modifications Completed
4/23 $799,782
2020 Residential Street Rehab Completed
7/22 $614,000
Peck and Rush Traffic Signal & Light Modification Completed 5/22 $609,000
Senior Center Restroom Renovation Completed
12/20 $76,800

37 | Page
REQUEST FOR QUALIFICATIONS FOR:

RFQ NO. 26-03 LABOR COMPLIANCE & PROGRAM

ADMINISTRATION SUPPORT SERVICES
City of South
Gate Swim Stadium Electronic Scoreboard Project In Progress $159,548 Gardendale Tot Surfacing Improvement In Progress $198,100 Citywide Residential Resurfacing Project, Phase IV (RRP IV) In Progress $3,638,774 Commercial Façade Sanchez Medical Center Completed
1/22 $46,000
Commercial Façade South Gate Optometry Completed
2/22 $46,000
Commercial Façade Abel’s Glass and Screen Completed
6/22 $46,000
Commercial Façade Mejia Income Tax & Beauty Salon Completed 8/22 $46,000
Commercial Façade 4096 Dr. Carmona Completed
5/21 $41,475
Seaborg House Relocation Completed
4/20 $369,000
Citywide Concrete Repairs Phase V & Walnut Street Parking Lot; Completed: October 2018; CON Cost: $687,000
Completed
10/18 $687,000
City of Temple
City Live Oak Park Completed 2/26 $1,495,260
Temple City Park Completed
12/24 $287,030
Primrose Park Completed
7/22 $2,470,088
Temple City Blvd Completed
1/18 $314,500
El Monte Ave Completed
1/18 $1,078,400
Rosemead Blvd Completed
9/14 $18,000,000
Traffic Signal-Temple City Blvd & Las Tunas Completed
1/12 $176,000
Freer Street Overlay Completed
12/10 $599,000
Traffic Signal – Ellis Lane Completed
6/10 $112,000
Traffic Signal – Rosemead, Longden and Broadway Completed 1/11 $236,500
City of West
Covina
Traffic Signal Improvements at Various Signalized Intersections, HSIP CYC 10, HSIPL-5253(030) In Progress $2,659,949
Cortez Senior Center Roofing and HVAC Completed
7/25 $1,395,000
FY 2021-22 Residential Street Rehab Completed
4/23 $1,867,200
Friendship Park Improvements Completed
12/22 $201,259
Senior Center Restroom Renovation Completed
7/22 $230,000

38 | Page
REQUEST FOR QUALIFICATIONS FOR:

RFQ NO. 26-03 LABOR COMPLIANCE & PROGRAM

ADMINISTRATION SUPPORT SERVICES
City of West
Hollywood Battery Backup System Improvements Phase 2 In Progress $785,725 Sunset/Santa Monica Fiber Loop Project CIP 2004 In Progress $5,411,882 Metro TO#2-17 - Public Safety Center at Wilshire/LA Cienega (C133085C1238) In Progress $2,397,625
East San Fernando Valley Advanced Utility Adjustment Completed 4/24 $9,044,350
Division 20 Portal Widening Turnback Completed
2/24 $431,777,000
Metro ROC and CMF Building Generator Replacement Completed 3/22 $1,826,600
Cesar Chavez Transit Pavilion Completed
6/22 $1,908,107
MBL Track & System Refurbishment Completed
9/20 $67,953,655
MBL & MGL Fire Alarm and Fire Suppression Systems Retrofit Completed 7/20 $3,258,500
Div. 5 Re-roofing & Div. 7 Concrete Repair Completed
3/20 $3,258,500
Westside Purple Line Extension Completed
10/19 $244,000,000
Pavement Replacement at Division 7 Completed
11/18 $1,500,000
Westside Subway Extension Completed
1/17 $20,250,000
I-405 & SR 134 Soundwall Packages 4&5 Completed
10/14 $18,973,000
CNG Emergency Operators Completed
10/14 $881,145
Lighting Upgrade Completed
6/13 $1,662,000
Bus Stop Improvement Completed
6/13 $627,000
Division 3 Master Plan Completed
7/12 $4,973,000
Trash and Vegetation Removal Completed
3/13 $4,800,120
San Gabriel River
Water Committee Water Gate Improvement Completed 1/20 $1,217,700 Total: $1,286,180,845

EXHIBIT ‘C’
Local Assistance Procedures Manual, Exhibit 10-R, Appendices A and E

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin #25-07 R3
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)

NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE,

EXCEPT ARTICLE XXXII TITLE VI ASSURANCES (APPENDICES A AND E MUST BE PHYSICALLY INCLUDED,

UNMODIFIED, IN ANY FEDERAL-AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.

THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.

THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL.
[Note: italic text within brackets throughout the Articles is intended for instructional purposes only]

TABLE OF CONTENTS

Page
ARTICLE I INTRODUCTION................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS.................................................................... 4 ARTICLE III STATEMENT OF WORK .................................................................................................. 4 ARTICLE IV PERFORMANCE PERIOD................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS.......................................................................... 6 ARTICLE VI TERMINATION ............................................................................................................... 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.................................. 11 ARTICLE VIII RETENTION OF RECORD/AUDITS............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES .................................................................................... 12 ARTICLE X SUBCONTRACTING ....................................................................................................... 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ........................... 15 ARTICLE XII STATE PREVAILING WAGE RATES............................................................................ 16 ARTICLE XIII CONFLICT OF INTEREST............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ...................... 20

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE.................. 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION................................................. 22 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION................. 22 ARTICLE XIX INSURANCE ................................................................................................................ 28 ARTICLE XX FUNDING REQUIREMENTS......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS .................................................................................................... 29

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin #25-07 R3
ARTICLE XXII CONTINGENT FEE ..................................................................................................... 30 ARTICLE XXIII DISPUTES.................................................................................................................. 30 ARTICLE XXIV INSPECTION OF WORK ........................................................................................... 30 ARTICLE XXV SAFETY...................................................................................................................... 31 ARTICLE XXVI OWNERSHIP OF DATA............................................................................................. 31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR............ 32 ARTICLE XXVIII CONFIDENTIALITY OF DATA................................................................................. 32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION.................................... 33 ARTICLE XXX EVALUATION OF CONSULTANT.............................................................................. 33 ARTICLE XXXI PROMPT PAYMENT.................................................................................................. 33 ARTICLE XXXI TITLE VI ASSURANCES ........................................................................................... 34 ARTICLE XXXII NOTIFICATION......................................................................................................... 38 ARTICLE XXXIII CONTRACT ............................................................................................................. 39 ARTICLE XXXIV SIGNATURES ......................................................................................................... 39

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin #25-07 R3

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The name of the “LOCAL AGENCY” is as follows:
(NAME)
The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of LOCAL AGENCY.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against LOCAL AGNECY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin #25-07 R3
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from LOCAL AGENCY under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
[Choose either Option 1 or Option 2]
[Option 1 - Use paragraphs A & B below for standard AGREEMENTs] A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator 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.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
[Option 2 - Use paragraphs A & B below for on-call AGREEMENTs] A. 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 LOCAL AGENCY’s Contract Administrator or Project Coordinator 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.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

ARTICLE III STATEMENT OF WORK
[Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services
[Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin #25-07 R3
uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included.

Describe acceptance criteria, and if the responsible CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number.

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).] B. Right of Way
[State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished.]
C. Surveys
[State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.]
D. Subsurface Investigations
[State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.] E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
[For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin #25-07 R3
J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
[A time must be set for beginning and ending the work under the AGREEMENT. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the AGREEMENT. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the AGREEMENT.]
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY. [Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.]
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 AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
[Choose either Option 1, 2, 3, or 4]
[Option 1 - Use paragraphs A through J below for Cost-Plus-Fixed Fee Agreements] A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin #25-07 R3
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. [Option 2 - For Cost per Unit of Work Agreements, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project].

A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.

B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin #25-07 R3
Article III Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal.

C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment. [Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements (such as oncall Agreements). This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection.]
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY 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 LOCAL AGENCY Project 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 LOCAL AGENCY and CONSULTANT.

E. 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 approved Cost Proposal.

Local Assistance Procedures Manual Exhibit 10-R
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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.

F. [Local Agency to include either (a) or (b) below; delete the other one] (a) Reimbursement for transportation and subsistence costs shall not exceed State rates. (b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) 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 LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. 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.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If 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.

Local Assistance Procedures Manual Exhibit 10-R
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O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). 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.
[Option 4 - Use paragraphs A through E below for lump sum agreements.

A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.

C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.

D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. 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 and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

Local Assistance Procedures Manual Exhibit 10-R
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B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by LOCAL AGENCY by virtue of any breach of this AGREEMENT by CONSULTANT, and LOCAL AGENCY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due LOCAL AGENCY from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Local Assistance Procedures Manual Exhibit 10-R
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Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

Local Assistance Procedures Manual Exhibit 10-R
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D. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

E. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

CONSULTANT must submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

F. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant. [Choose either Method 1, Method 2, or Method 3 below and delete the other two.] Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Local Assistance Procedures Manual Exhibit 10-R
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Method 2: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed.

Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Method 3: The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and nonDBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($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 approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. 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 five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the

Local Assistance Procedures Manual Exhibit 10-R
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equipment and credit LOCAL AGENCY 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 LOCAL AGENCY procedures; and credit LOCAL AGENCY 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, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all

Local Assistance Procedures Manual Exhibit 10-R
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reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage 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 the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in

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violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

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G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

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ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
[Include this article in all AGREEMENTs where federal funding will exceed $150,000 $100,000. If less than $150,000 $100,000 in federal funds will be expended on the AGREEMENT, delete this article and re-number the subsequent articles.]
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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 this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

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

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §11102.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any

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employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

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ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant, shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).

To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at:
https://caltrans.dbesystem.com/.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."

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This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is_________%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
In accordance with 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the LOCAL AGENCY deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions; and/or
(3) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

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2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.

CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

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The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

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3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders

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• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

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H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F:

Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
[Choose either Option 1 or Option 2]
[Option 1 - for AGREEMENT with a scope of services that may require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way; where there would be exposure to public traffic or construction operations.] A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.

B. The Certificate of Insurance will provide:

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1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.
[Option 2 - for AGREEMENTs with a scope of services that will not require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way where there would be exposure to public traffic or construction CONSULTANT operations.] CONSULTANT is not required to show evidence of general comprehensive liability insurance.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

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C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
[Choose either Option 1 or Option 2]
[Option 1 - Use paragraphs A through C below for all AGREEMENTs without PS&E submittal] A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and [Insert Department Head or Official], who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT. [Option 2 - Replace Paragraph B, above, with the following for AGREEMENTs requiring the submission of PS&E]
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

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ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
[Add the following paragraph to all AGREEMENTs, which may require trenching of five feet or deeper] D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of LOCAL AGENCY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, LOCAL AGENCY shall be entitled to, and CONSULTANT shall deliver to LOCAL AGENCY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to LOCAL AGENCY which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by LOCAL AGENCY.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of LOCAL AGENCY without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by LOCAL AGENCY for another project or project location shall be at LOCAL AGENCY’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

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E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
[For PS&E contracts add paragraph F, below, to paragraphs A through E, above] F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of LOCAL AGENCY or except by court order. If

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CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, LOCAL AGENCY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, LOCAL AGENCY’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

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ARTICLE XXXI TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.]

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

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Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.

Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does

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hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);

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• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:
(CONSULTANT)

(NAME) ,Project Manager

(ADDRESS)
LOCAL AGENCY:
(LOCAL AGENCY)

(NAME) , Contract Administrator

(ADDRESS)

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin #25-07 R3

ARTICLE XXXIII CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXIV SIGNATURES
(Name of LOCAL AGENCY) (Name of CONSULTANT)
(Signature) (Signature)
(Name of Signer) (Name of Signer)
Date: Date:

CITY OF MONTEBELLO

ON-CALL BENCHLIST
PROFESSIONAL SERVICES AGREEMENT NO. 4531
WITH DCCM INFRASTRUCTURE, INC (RFP No. 26-03)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on June 24, 2026 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and DCCM INFRASTRUCTURE, INC, a California corporation (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional to provide professional labor compliance and program administration support services to the CITY; and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, the CONSULTANT responded to CITY’s Request for Proposal due on May 6, 2026 (“RFP No. 26-03”) as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement comprised of Sections 1 through 25, and its various Exhibits
b. RFP No. 26-03, attached hereto as Exhibit “A”
c. The CONSULTANT’S Proposal to RFP No. 26-03, attached hereto as Exhibit “B”
d. Local Assistance Procedures Manual (LAPM) Exhibit 10-R, Attachment B

Appendices A and E as Exhibit “C”
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

A. The CONSULTANT shall provide to the CITY those services that are set forth fully in RFP No. 26-03 and Consultant’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference on an on-call, request only, basis (hereinafter “Professional Services”).

B. The CONSULTANT shall complete the Scope of Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.

C. CONSULTANT shall be compensated in an annual amount not-toexceed One Hundred Thousand Dollars ($100,000) (the “Compensation”) for the performance of the Scope of Services as set forth in Exhibit “C”. CONSULTANT shall provide an itemized billing statement to CITY for the Scope of Services performed.

The CONSULTANT shall not incur fees or costs which exceed the Maximum Annual Compensation without the prior written consent of the CITY.

D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONSULTANT within thirty (30) days of the date of such invoice.

E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. The CITY shall pay undisputed amounts as provided for in the preceding paragraph.

F. On-Call Services. The CONSULTANT understands and
acknowledges that this is an “on-call” agreement, execution of which does not guarantee that the CITY will issue a Notice to Proceed (“NTP”). No work shall commence by the CONSULTANT without a written NTP issued by authorized CITY personnel.

SECTION 3. TERM.

This Agreement shall commence on July 1, 2026, and shall terminate on June 30, 2029 (“Date of Completion”), with an option to extend up to two (2), one-year terms; unless deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to t he CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. However, claims for money due or which become due to the CONSULTANT from the CITY under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
f. The CONSULTANT’s Reports or Meetings:
i. The 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 Contract Administrator or Project Coordinator to determine, if the 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. ii. The CONSULTANT’s Project Manager shall meet with the CITY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally

required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that t he CONSULTANT provides the

CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.

SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to t he CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS

annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t he CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t he CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising

injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. • Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon. f. Evidence of Insurance prior to commencement. The Consultant shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Principal Risk Officer
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days

prior notice shall be provided.
h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). i. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. j. The general liability and automobile insurance policies required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via email (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
If to the
CONSULTANT:

DCCM INFRASTRUCTURE INC
Yvette Kirrin, PE, President
1945 Chicago Avenue, Unit C2
Riverside, CA 92507
(626) 644-8058
[email protected]

An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub-consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.

SECTION 25. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS. a. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. b. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
c. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to the CITY.

d. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

SECTION 26. RETENTION OF RECORDS/AUDITS.

For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and the CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. The CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

SECTION 27. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING.
a. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
i. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 this Agreement, the CONSULTANT shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions in the LAPM.
b. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

c. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

SECTION 28. NON-DISCRIMINATION CLAUSE AND STATEMENT OF
COMPLIANCE.
a. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
b. During the performance of this Agreement, the CONSULTANT and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. c. The CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov.

Code §§11135-11139.5, and the regulations or standards adopted by the CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100- 8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
d. The CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said department or the CITY shall require to ascertain compliance with this clause.
e. The CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
f. The CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

g. The CONSULTANT, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
h. The CONSULTANT shall comply with regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964).

Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
i. The CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan (as set forth in Section 30), the CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

SECTION 29. DEBARMENT AND SUSPENSION CERTIFICATION.
a. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
i. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
ii. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
iii. Does not have a proposed debarment pending; and
iv. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. b. Any exceptions to this certification must be disclosed to LOCAL AGENCY.

Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action

c. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

SECTION 30. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PARTICIPATION.

This Agreement is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs” (also referred to as “DBE”). The CONSULTANT shall assist the CITY in a good faith effort to achieve California's statewide overall DBE goal and applicable requirements pursuant to 49 CFR 26.

SECTION 31. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO DCCM INFRASTRUCTURE, INC.

Raul Alvarez, City Manager
Date:

Yvette Kirrin, PE, President
Date:

ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS
• Exhibit A – RFP No. 26-03
• Exhibit B – Consultant’s Proposal to RFP No. 26-03
• Exhibit C – Local Assistance Procedures Manual, Exhibit 10-R, Appendices A and E

EXHIBIT ‘A’
RFP NO. 26-03

CITY OF MONTEBELLO
REQUEST FOR QUALIFICATIONS (RFQual)
Labor Compliance & Program Administration Support Services RFQual No. 26-03
FOR

CITY OF MONTEBELLO, CALIFORNIA
Due Date: May 6, 2026, at 11 am PST
Submit RFQual online via PlanetBids
City of Montebello
Public Works Department
Attn: Vanessa Ramos, Administrative Manager
1600 W. Beverly Boulevard
Montebello, CA 90640
Telephone: (323) 887-1460
Email: [email protected]
City Website: https://cityofmontebello.com

Table of Contents
Introduction ............................................................................................................................... 3 About the City of Montebello.................................................................................................... 5 Proposed Scope of Work/Statement of Work.......................................................................... 5 Submissions.............................................................................................................................. 6 RFQual Timeline........................................................................................................................ 7 Non-Commitment of City .......................................................................................................... 8 Responsibility of Costs............................................................................................................. 8 Appendix A – Proposal Format and Content...........................................................................9 Appendix B – Evaluation Criteria ...........................................................................................12 Appendix C – Reference Sheet………………………………………………………………………14 Appendix D – Professional Services Agreement Template…………………………………….15

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 3 1. Introduction
The City of Montebello (hereinafter referred to as the "City") is pleased to present this Request for Qualifications (“RFQual”) soliciting Statement(s) of Qualifications (“SOQ”) from general vendors/consultant/contractors (hereinafter referred to as “Consultant”), seeking to submit proposals for Labor Compliance & Program Administration Support Services ("Services"). Based on the SOQ responses, the City will compile a short-list of qualified Consultants ("Short-List of Respondents"). The City intends to issue on-call bench list contracts to the consultants selected based on the quality of the proposals received.

SOQs are due on Wednesday, May 6, 2026 at 11:00 am PST through the City’s PlanetBids portal (“Portal”). Before submitting SOQs, Consultants must register as a “vendor” in the Portal.

Consultants are encouraged to register well ahead of the deadline to avoid any technical difficulties that may arise. All responses to this opportunity must conform to the requirements of this RFQual.

Failure to do so may result in the response being considered non-responsive.

The Public Works Department is seeking RFQual to solicit SOQs and Hourly Rates (Billing Rates) from qualified consulting firms to provide labor compliance support and program administration support services on various projects and programs. Qualified proposers will provide labor compliance services to monitor both Federal and State prevailing wage rates and other labor compliance related services on projects funded, though not limited to: Federal Highway Administration, State of California Department of Transportation, Southern California Council of Governments, Los Angeles County Metropolitan Transportation Authority and other applicable governmental funding agencies. The City of Montebello has adopted Agreement No. 4202 - Los Angeles, Orange Counties Building and Construction Trades Council. All projects over $500,000 require the awarded contractor to comply with the Project Labor Agreement. Proposers shall also aid the City in the implementation, oversight, coordination, and reporting of Federal and State funded projects. The selected consultant(s) will work in collaboration with City staff to provide administrative, technical, and programmatic support to ensure effective program implementation, requirement compliance, and timely reporting. The City intends to establish a bench of up to three (3) consultants to provide Labor Compliance & Program Administration Support Services on an oncall, as-needed basis. As projects are issued, the City may issue task orders, requests for service/proposal, or assign projects to one or more of the selected consultants based on the scope and requirements of the specific assignment.

The process for selecting the on-call bench list is described in Appendix B – (Evaluation Criteria), attached hereto and incorporated herein by this reference.

The City reserves the right to refrain from issuing on-call bench list contract based on SOQ received.

The City also reserves the right to re-issue the RFQual seeking additional SOQ based on its sole and independent judgment.

All qualifications submitted to the City shall become the exclusive property of the City. Once City staff has identified the on-call bench list of consultants, all qualifications shall become a matter of public record subject to disclosure, except for those elements of each qualification that are identified by the Consultant as business or trade secrets and marked as "Trade Secret", "Confidential”, or “Proprietary” and determined by the City to be exempt from disclosure under the Public Records Act (Cal. Gov. Code § 6250 et seq.) .

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 4 Each element of qualifications submittal that the Consultant desires not to be considered a public record must be marked as set forth above. If disclosure is required under the California Public Records Act or other applicable law, the City will make an independent determination and retain the confidentiality to the extent permitted.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 5 2. About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a City in the County of Los Angeles, California. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles as a whole. It is a full-service City that provides a long list of services, employing approximately 480 full-time and part-time employees in public safety, transit, and nonsafety functions. In the upcoming years, the City anticipates growth in population and economic development. In preparation for this growth and increases in City service demands, the staff is seeking to improve the City infrastructure to support the expansion properly.

3. Proposed Scope of Work/Statement of Work
(This scope of work/statement of work is intended to provide interested Consultants submitting their SOQs a general understanding of the items and services required by the City. Shortly after selecting compiling the Short-List of Respondents, the City will issue on-call contracts to the selected consultants to begin performing Labor Compliance and Program Administration Support Services.)
Services provided under this RFQual will be for a three-year period starting on July 1, 2026, and ending on June 30, 2029, with the option to renew annually for an additional two (2) one-year extensions.

The consultant will provide labor compliance services for federal/state/county funded construction projects/programs and will ensure that the City complies with all regulations pertaining to labor compliance. Consultants shall provide labor compliance services to monitor construction projects/programs subject to Davis Bacon and Related Acts and/or Federal/State Prevailing Wage law requirements. Duties include, though are not limited to:
• Consultant shall review bid packages and ensure that reporting forms and wage rates are included per requirements of the project funding program(s) – federal and/or state as appropriate.
• Consultant shall obtain applicable wage rate information for the project funding source. The applicable wage rate decisions shall be provided to the prime contractor and all subcontractors for inclusion in all subsequent subcontractor contracts as required by applicable labor law.
• Consultant will participate in pre-construction meetings with prime contractor, subcontractors, and City staff for issues related to labor compliance standards. • Consultant will provide prime contractor and subcontractor(s) one-on-one training and assistance in completing required labor compliance documents (if needed). • When discrepancies are identified regarding pay and benefits with a contractor’s employee, consultant will work with the contractor to resolve the issue in an expedient manner, providing documentation of the problem and outcome to City staff and the project manager.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 6 • Conduct on-site job interviews with the contractor, subcontractor, and employees to ensure compliance, documents and report findings as required for the duration of the project.
• Verify contractor and subcontractor are in compliance with the State Department of Industrial Relations website registration and reporting compliance. • Consultant will verify that the contractor and subcontractor licenses are current and active with the California State Contractor’s License Board, and they are not on the federal debarment list.
• Consultant will utilize the County’s LCP Tracking system and shall promptly review the weekly Certified Payroll Reports (CPRs) and eDocuments as received and notify the prime contractor of any deficiencies in wages, overtime compensation, incomplete or inaccurate CPRs, and/or incomplete or inaccurate Statement of Compliance.
• Prepare and disburse monthly progress labor compliance audit reports to City staff and project manager.
• Consultant shall assist with verifying release of progress payments. • At the conclusion of a project, the consultant shall provide the City with all documentation and correspondence related to the construction project. • Other labor compliance activities/duties as required by project funding source rules and regulations.
• Assistance with outreach associated with the project. • Assist with planning, coordination, and administrative processes of City projects. • Prepare material and supporting documents for project funding, including application and reporting.
• Consultant will support the City in tracking program performance and preparing required documentation for internal and external reporting purposes. • Consultant will support the maintenance of program documentation and coordinate with City staff, contractors, and funding agencies.
• Prepare program reports, summaries, and required documentation. • Maintain organized records and program files in accordance with applicable requirements.
• Consultant will assist with monitoring program compliance with regulations and funding requirements
The City is not obligated to pay any costs incurred by the proposer(s) in the preparation of the RFQual. Proposers agree that all costs incurred in developing a proposal are the proposer’s responsibility.

4. Submissions
Please review Appendix – A (Proposal Format), attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your SOQ submission. Failure to provide all of the information requested in your SOQ may result in it being considered non-responsive.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 7 Responses to this RFQual must be submitted electronically via the City’s PlanetBids Portal no later than Wednesday, May 6, 2026 at 11:00 am PST. Any responses that are transmitted and/or electronically time-stamped after the deadline shall not be accepted. Consultants planning to submit responses to this request are highly encouraged to register an account in the City's PlanetBids Vendor Portal and submit all documentation ahead of the deadline to avoid any technical difficulties/errors.

5. RFQual Timeline
• Release RFQual April 9, 2026
• Online Q&A Deadline April 20, 2026 at 12:00 pm
• City Issued Q&A Addendum April 23, 2026 at 12:00 pm
• Deadline to Submit SOQ via PlanetBids May 6, 2026 at 11 am PST • Notifications sent to selected Consultants May 21, 2026 • Tentative City Council Award of Professional Services Agreement June 10, 2026

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 8 6. Non-Commitment of City
It should be noted that this RFQual does not commit the City to solicit proposals and/or award a final agreement/contract, to pay any costs incurred in the preparation of qualifications for this request, of preparation of a proposal for this request, or to procure or contract the purchaser of any items and/or services.

7. Responsibility of Costs
All Consultants responding are responsible for costs associated with preparing materials in response to this RFQual, and the City assumes no responsibility for any such costs, incidental expenses, or any business losses.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 9 Appendix A - Proposal Format and Content
***PLEASE REVIEW BEFORE SUBMITTING YOUR RESPONSE***
Consultants interested in this opportunity must submit a Statement of Qualifications (SOQ) providing details regarding their qualifications and experience. Using each Consultant's response, the City will develop a list of selected on-call Consultants (“Short-List of Respondents”). The City reserves the right, at its sole discretion, to increase the number of Contractors included to the Short-List of Respondents.

SOQ Format
To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their qualifications prior to submission to ensure they adhere to the requirements. If the RFQual is not formatted or does not include all the listed items/sections, it may be deemed non-responsive.

Responses shall not exceed thirty (30) pages when printed on 8-½ -inch by 11-inch paper. Font Times New Roman Font (preferred), 12pt font size. The thirty (30) page-requirement does not include cover letter/letter of transmittal, or any items included as additional attachments. Proposals should also include the following:

1. Title Page showing the request for qualifications subject; the vendor’s name; the name, address, email and telephone number of the contact person; and the date of the proposal.

2. Table of Contents identifying the items/section listed in the “Proposal Content and Format” section of this RFQual.

3. Detailed proposal following the order set forth in the "Proposal Content and Format" of this RFQual.

SOQ Content
Your response should include the following sections/information:

1. Letter of Interest - Please include a letter expressing your interest in being considered for the project. Include a statement regarding the vendor's availability to dedicate time, personnel, and resources to this effort. The letter of interest must include a commitment to the availability of the vendor and all key project staff during the planning period and a proposed schedule designed to meet the City's needs for the project.

2. Project Understanding and Approach - Please include a statement demonstrating your understanding of the proposed project. Describe your general approach to completing the project successfully, methodologies and technologies you would employ, key milestones and processes you would employ. Describe what information you would expect the City to supply.

3. Relevant Experience - Please include information describing your experience providing similar services for public agencies. Provide a minimum of three (3) specific examples of relevant experience. At a minimum, the vendor should provide a list of the most recent

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 10 projects (i.e., completed within the last five (5) years is preferred, but samples outside of this timeframe will be accepted if relevant) for which the consultant has performed similar services of similar size, scope, and complexity.

4. Sub-contractors/Sub-consultants – If your firm works with sub-contractors/subconsultants to perform the services described in the proposed Scope of Work/Statement of Work for the Project, please provide the name, full address for each sub-contractor, as well as the name of a contact person and phone number. If awarded, the City will need to provide written approval for any services offered by any and all sub-contractor/subconsultant.

5. Proposed Scope of Services - Please provide a proposed Scope of Services, based on the Scope of Work contained in this RFQual; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic working schedule with key deliverables, milestones, and tasks.

6. Conflict of Interest Statement – The vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the vendor does not have any such conflicts, a statement declaring such should be included in their submission.

7. Cost Proposal – Cost proposal should include the following:

Total All-Inclusive Not-To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for qualifications. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all out-of-pocket expenses. Provide a budget for each significant milestone for the entire scope of services. The proposed budget should be inclusive of all meetings, conference calls, site visits and deliverables. The budget should include a list of anticipated reimbursable expenses with rates charged for each.

Component Costs: Include separate schedules of all fees and expenses for each of the work tasks and deliverables described in this RFQual. These schedules should include hourly rates and number of hours anticipated for each staff level; as well as out-of-pocket expenses such as travel and transportation, meals, communications, and duplication costs. The total of these separate schedules should have a direct relationship to the total all-inclusive maximum price.

Rates for Additional Services: If it should become necessary for the City to request the successful vendor to render additional services to either supplement services requested in this RFQual or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Consultant. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

8. References – Using Appendix C – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and email address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 11 City may contact the individual listed at its discretion. Resumes may also be included in this section for any key staff associated with project.

9. Redline Comments on the Professional Services Agreement Template – Using Appendix D – Proposers are requested to review the Professional Services Agreement template provided and submit any proposed redline revisions with their response. Following the award of the RFQual, the City will evaluate all submitted redline comments in coordination with the City Attorney and will work with the selected firm(s) to reach mutual agreement on the final contract terms. Proposers must demonstrate full compliance with the City’s insurance requirements as a condition of eligibility.

10. Additional Attachments (Optional) – Please use this section to attach any information that was not previously included identified in any other section.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 12 Appendix B – Evaluation Criteria
***PLEASE REVIEW BEFORE SUBMITTING YOUR RESPONSE***
Through this RFQual No. 26-03process, the City will identify a qualified pool of at least three (3) Consultants (“Short List of Respondents”) for the Labor Compliance and Program Administration Support Services (“Services”).

Consultants will submit a Statement of Qualifications (SOQ) adhering to the guidelines identified in Appendix A - (Proposal Format and Content). Failure to comply with the format and include all of the required sections may result in the proposal being considered "non-responsive" and no longer eligible for selection. The selection process will commence with a preliminary review of the proposals to ensure formatting and page limit guidelines were followed. The review will be conducted on a pass/fail basis.

All SOQs that receive a “pass” grade will move on to the comprehensive evaluation by the selection committee. Scoring will be based upon the following criteria and scores.

Understanding of the City’s Requirements (Up to 20 points) Experience (Up to 60 points)
Execution of Services (Up to 10 points)
Reference Checks (Up to 10 points)
Business Preferences – 1 additional point will be awarded for businesses that identify as one or more of the following:

Local Business (within the City of Montebello and an active/current business license) Very Small Business Enterprise (VSBE)
Disabled Veteran Business Enterprise (DVBE)
Minority-Owned Business Enterprise (MBE)
Woman-Owned Business Enterprise (WBE)
Documentation certifying a business that falls into one or more of these categories should be included in the "Additional Attachments" section.

Consultants have an opportunity to receive a score of up to 105 points.

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 13 Evaluation Criteria Summary
SOQ Format – Does the response adhere to the page limit (30 pages, not cover letter/transmittal letter and additional attachments), font, and font size? Pass/Fail
Does the SOQ include all sections/content listed in
Appendix A?
 Cover Letter/Letter of Interest
 General Consultant Information
 Statement regarding your understanding and
approach
 Subcontractors/Sub-consultants
 Proposed Scope of Services
 Cost Proposal
 Experience with Labor Compliance & Program
Administration Support Services
 Conflict of Interest Statement
 References
 Additional Attachments (Optional)
Pass/Fail
Understanding of the City’s Requirements – The
Consultant has reviewed the City requirements and
demonstrated a competent level of performance. 20 points Experience – Previous work in the public/private section is consistent with the work the City is seeking. 60 points Execution of Services – The Consultant has described a
straightforward, planned approach to providing Labor
Compliance and Program Administration Support Services. 10 points
Reference Checks – References provided feedback. No
terminated voided contracts are listed.
10 points
Business Preferences
Local Business (w/n the City of Montebello)
Very Small Business Enterprise (VSBE)
Disabled Veteran Business Enterprise (DVBE)
Minority-Owned Business Enterprise (MBE)
Woman-Owned Business Enterprise (WBE)
1 point for each category, up to 5
points
(Proof of each eligible category
should be provided in the
“Additional Attachments” section)

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 14 Appendix C – Reference Sheet
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service

City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 15 Appendix D – Professional Services Agreement Template

EXHIBIT ‘B’
DCCM INFRASTRUCTURE, INC. PROPOSAL

MAY 6, 2026
RFQual No. 26-03
Engineering Trust Into Every Project

CITY OF MONTEBELLO

LABOR COMPLIANCE & PROGRAM

ADMINISTRATION SUPPORT SERVICES
DCCM INFRASTRUCTURE, INC.
1945 Chicago Ave, Unit C2, Riverside, CA 92507
Yvette Kirrin, PE - President, S California
(626) 644-8058
[email protected]

DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 i Table of Contents

CREEK PARK VEHICLE BRIDGE
La Mirada, CA
TABLE OF CONTENTS i

1. LETTER OF INTEREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ii

2. PROJECT UNDERSTANDING AND APPROACH 1

3. RELEVANT EXPERIENCE 4

4. SUB-CONTRACTORS/SUB-CONSULTANTS 7

5. PROPOSED SCOPE OF SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

6. CONFLICT OF INTEREST STATEMENT 10

7. COST PROPOSAL 11

8. REFERENCES 12

9. REDLINE COMMENTS ON THE PROFESSIONAL SERVICES AGREEMENT TEMPLATE 16

10. ADDITIONAL ATTACHMENTS (OPTIONAL) . . . . . . . . . . . . . . . . . . . . . . . . . .18

1945 Chicago Avenue, Suite C-2, Riverside, California 92507 | 951.342.3120 | DIR No.100017294 | DCCM.com ii

1. Letter of Interest
May 6, 2026
City of Montebello - Public Works Department
1600 W. Beverly Boulevard
Montebello, CA 90640
ATTN: Vanessa Ramos, Administrative Manager
RE: RFQual No. 26-03 - Labor Compliance & Program Administration Support Services Dear Ms. Ramos and Selection Committee:

DCCM Infrastructure, Inc. (DCCM) greatly appreciates the City of Montebello (City) for granting us the opportunity to submit our qualifications. The DCCM team is prepared to work under the direction of City staff to provide Labor Compliance services as needed for the duration of the contract term which is anticipated be for a three year period starting on July 1, 2026 and running through June 30, 2029.

DCCM is the team to deliver the quality, responsiveness, innovation, and value that the City of expects.

This proposal will demonstrate the turn-key benefits of working with a professional labor compliance and program administration support team, providing public outreach and drone photography services, with unparalleled qualifications and experience, especially when it comes to our depth of knowledge regarding Public Works CIP projects in Southern California. DCCM intends to surpass your expectations through dedication to quality, professional integrity, and service excellence.

Selecting DCCM for this contract will result in successfully completed projects, on time and in compliance.

Depth of Experience | For nearly two decades, DCCM has provided top-notch project management and construction support services including labor compliance for a variety of municipalities throughout Southern California including Caltrans, the Counties of San Bernardino, Riverside, and Los Angeles and the cities of Santa Fe Springs, Bellflower, Huntington Park, Imperial, Rialto, Palm Springs, La Quinta, Palm Desert, Indio, Corona, Riverside, Murrieta, Temecula, South Gate, Downey, Norwalk, and La Mirada. The DCCM team has extensive experience working with these agencies to verify compliance on federally funded and/or state/locally funded public works projects.

Benefits to the City of Montebello | DCCM has provided labor compliance services to many municipalities across Southern California so there will be no learning curve required for our staff. Our proposed team brings over 25 years of labor compliance experience to this role. This experience has given us an understanding of the unique challenges and requirements for completing Public Works construction projects in Southern California. Our expertise and familiarity with the labor compliance regulations make us well-equipped to handle the demands of any project. Our Labor Compliance Officer, Mr. Ramon Carlos, is a former Caltrans LCO that has ensured contractors on state and federal transportation projects abide by labor laws for over 25 years.

Miscellaneous | DCCM acknowledges Addendum 1 released via PlanetBids and has no exceptions and will adhere to the provisions described in the RFQual without modification. DCCM understands that the proposal and pricing shall remain valid for a period of no less than ninety (90) days from the date of submittal. Additionally, DCCM will carry any and all necessary insurance requirements. DCCM attests that all information submitted with this proposal is true and correct.

As DCCM Southern California’s President, I have the authority to bind the company in a contractual agreement with the City of Montebello. Again, we appreciate the opportunity to submit our qualifications to you. If you have any questions, please feel free to contact me via the information in our firm profile in the Relevant Experience section of this proposal.

Sincerely,
DCCM Infrastructure, Inc.

Yvette Kirrin, PE
Principal-in-Charge / President, S California

DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 1

2. Project Understanding and Approach

LABOR COMPLIANCE UNDERSTANDING

AND EXPERIENCE
DCCM understands that the City of Montebello
intends to establish on‑call bench contracts with
qualified consultants to provide labor compliance
monitoring and program administration support for
federally, state, and locally funded projects. The
anticipated contract term is three years, beginning
July 1, 2026 and ending June 30, 2029, with
options for up to two additional one‑year renewals.

Services will be provided on an as‑needed basis
and will support a wide range of capital projects
and programs subject to varying funding agency
requirements.

DCCM recognizes that labor compliance
services must ensure full adherence to Federal
and State prevailing wage laws, including the
Davis‑Bacon and Related Acts and California
Labor Code requirements. Projects may be
funded by agencies such as the Federal Highway
Administration, Caltrans, SCAG, and LA Metro,
and projects exceeding $500,000 are subject
to the City’s adopted Project Labor Agreement
under Agreement No. 4202. DCCM understands
its role may include assisting the City with
implementation, oversight, coordination, and
reporting to ensure regulatory compliance and
timely fulfillment of all funding agency obligations.

DCCM understands that core labor compliance
responsibilities include reviewing bid packages
for proper inclusion of wage rates and reporting
forms; obtaining and distributing applicable wage
determinations; participating in pre‑construction
meetings; and providing direct technical
assistance and training to prime contractors and
subcontractors. Ongoing monitoring activities
include review of certified payroll reports using
the County’s LCP Tracking System, verification of
contractor registration, licensing, and debarment
status, conducting on‑site employee interviews,
resolving payroll discrepancies, and preparing
monthly labor compliance audit reports for City
staff and project managers.

DCCM further understands that the City expects
comprehensive programmatic and administrative
support throughout the life of each project and at
closeout. This includes assisting with verification
of progress payments, maintaining complete
and well‑organized project records, preparing
final documentation, and supporting outreach,
planning, coordination, and performance tracking
activities. DCCM recognizes the importance of
close collaboration with City staff, contractors,
and funding agencies to ensure continuous
compliance, accurate reporting, and successful
delivery of federally and state‑funded programs.

UNDERSTANDING OF LAWS, REGULATIONS AND

POLICIES
DCCM understands the various methodologies
and approaches to best address the nuances,
opportunities, and challenges of working in
California. We understand how to streamline
the collection, review, monitor and report
certified payrolls to verify compliance with all
Davis-Bacon, ARRA, state prevailing wage
and labor law provisions. Our team members
provided Labor Compliance and DBE monitoring
services in accordance with Local, State, and
Federal Ordinances, Laws, and Regulations. We
understand how to streamline the collection,
review, monitoring and reporting of certified
payrolls to verify compliance with the California
Labor Code 1770, Prop 84, SB 854, Davis Bacon,
HUD, CDBG, state prevailing wage and labor law
provisions, based on the following regulations:
• Department of Industrial Relations (DIR)
• Federal Highway Administration (FHWA)
• Caltrans Local Assistance Procedures Manual
(LAPM)
• California Department of Housing and
Community Development (HCD)
• Community Development Block Grant (CDBG)
Program
• US Department of Commerce-Economic
Development Administration (EDA)
• State Water Resources Control Board-Clean
Water State Revolving Fund (CWSRF)
• Water Infrastructure Finance and Innovation Act
(WIFIA)
• Title 49 Code of Federal Regulations, Part 26
• Disadvantaged Business Enterprise in
Department of Transportation (DOT)
PROPOSER’S QUALIFICATIONS, CAPABILITIES &

ORGANIZATIONAL CAPACITY
DCCM understands Public Works requires
qualified labor compliance services to certify
payroll report analysis and audit projects under
the Community Development Block Grant (CDBG)
Program. DCCM has successfully monitored and
enforced labor compliance in many California
cities and Caltrans Districts. Our proposed team
has been responsible for educating personnel,

2. Project Understanding and Approach
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 2 assisting them in monitoring, and enforcing
prevailing wage requirements of applicable
labor laws to verify all contractors working on
government projects are in compliance with
state and federal prevailing wage statutes and
regulations.

Our team’s labor compliance staff have dealt
with all types of jobs and funding including Prop
1, Prop 84, CDBG, ARRA, HUD, federal and
state dollars. All necessary documentation is
submitted throughout the project. Our Lead Labor
Compliance Manager has been audited on several
projects. Currently, Ramon is also performing
Labor Compliance Services for all types of funded
projects from the state and federal government
and third parties. Have been audited by agencies
and all Audits have passed with no issues or
concerns.

DCCM provides labor compliance services for the
Community Development Block Grant (CDBG)
Program funded by U.S. Department of Housing
and Urban Development (HUD) administered
by State of California Housing and Community
Development (HCD) Department.Our team also
monitors labor compliance with US. Department
of Commerce-Economic Development
Administration (EDA), and State Water Resources
Control Board-Clean Water State Revolving Fund
(CWSRF) funding sources.

DCCM monitors construction project
documentation and practices to ensure
compliance with State and Federal DavisBacon Act prevailing wage laws; and facilitates wage corrections caused by misclassifications,
underreporting of man-hours, and other labor
compliance errors.

DCCM’s team members conduct labor
compliance audits; submit annual reports to all
appropriate Federal, State, and local agencies; and
monitor prevailing wage compliance.

DCCM collects, stores, reviews, investigates,
analyzes, verifies, and audits Certified Payroll
Records, Fringe Benefit Statements, Trustee
Reports, prevailing wage claims, employer training
contributions, and apprenticeship paperwork
to documentation and with applicable rules
and regulations; issues requests for missing
and revised documentation, and corresponds
Prevailing Wage Compliance.

Our team of labor compliance professionals
provide Labor Compliance services including
compliance for Federal Highway Administration
(FHWA) and Caltrans Local Assistance Procedures
Manual (LAPM) projects; and implements,
monitors, and enforce Davis-Bacon and Related
Acts, California Labor Code, and California Code of
Regulations (CCR).

DCCM conducts payroll records audits checking
for payroll irregularities and employee compliance.

We collect labor compliance affidavits prior to
project close-out for release of final payments to
contractors; conduct monthly jobsite interviews;
collect and review supporting documents,
including but not limited to inspector logs, job
logs, timesheets, and sign-in sheets to reconcile
craft work data.

Our team monitors apprentice ratios and issues
notice to rectify as necessary; and notifies the
contractor of missing or delinquent documents
and corrective actions required. Our team
understands how to streamline the collection,
review, monitor and reporting of certified payrolls
to verify compliance with all Davis-Bacon,
ARRA, CDBG state prevailing wage and Public
Works labor law provisions. Responsiveness to
Project Requirements DCCM is always proactive
from the beginning of each project. Prior to
the pre-construction meeting we are involved
and throughout the contract we maintain open
communication with the contractor to be up to
date and in compliance. We work together, as a
team, to keep everything moving smoothly and
in compliance with and in accordance with the
prevailing wage laws.

Our team has experience in the following:
• Prevailing Wage
• FHWA Funding
• State Funded
• LAPM Requirements
• Department of Housing and Urban
Development (HUD)
• Davis-Bacon Requirements
• SB854 Enforcement
• Certified Payroll Analysis
• LCP Tracker
• Source Document Review (Audits)
• Employee Interviews
• AB 219 Prop 84
• State and Local Compliance
• Apprenticeship Tracking

2. Project Understanding and Approach
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 3 • Discrepancies, Restitution Cases
• Local Agency Compliance
• Wage Reporting
• Compliance Monitoring Unit (CMM)
• Labor Compliance Meetings
• Collaborating with Agencies
• Department of Labor (DOL)
• Local Unions
• Division of Labor Standards and Enforcement
(DLSE)
• Department of Industrial Relations (DIR)
• Division of Apprenticeship Standards (DAS)
• Labor Compliance Team Experience

EXPERIENCE PROVIDING LABOR COMPLIANCE /

PREVAILING WAGE SERVICES
DCCM is experienced in labor compliance
services related to the administration,
monitoring, and enforcement of labor standards
for diverse types of projects. These include,
but are not limited to FHWA, State, HUD and
CDBG funded improvement projects. DCCM is
involved from the start of a project to the end.

DCCM starts by helping ensure that the bid
packages and construction contracts include
any language and documentation forms that
is required for specifically funded projects.

The Labor Compliance Manager attends the
preconstruction meeting and informs contractors
and subcontractors of all requirements to stay
in compliance with state and federal provisions.

Throughout the project, the Labor Compliance
Manager collects, reviews, and analyzes certified
payrolls to make certain that the correct prevailing
wage rates are being paid. Certified payrolls are
also crosschecked with inspector’s dailies to help
ensure that hours match the certified payrolls.

Apprentices are also tracked throughout the
project. We also verify that all guidelines by the
Division of Apprenticeship Standards (DAS) are
being met. Employee interviews are conducted
on the site on a regular basis. These interviews
are submitted as part of project documents. If
discrepancies are found, we calculate restitution
and informs the Contractor in writing of what is
owed and needed to be in compliance.

DCCM’s Labor Compliance Officer brings the
expertise, skills, and knowledge gained from
our team members successfully performing
labor compliance services on over 45 projects
during the past 13 years with the firm. Our
team members have provided labor compliance
program services in compliance with labor codes
and applicable California Department of Industrial
(DIR) regulations for public works contracts for
more than 50 clients throughout California on
various infrastructure projects.

The DCCM team ensures that our services meet,
if not exceed, the City’s compliance needs. Our
team brings expertise in contract administration,
labor relations and general administration. Our
team of labor compliance professionals provides
Labor Compliance services including compliance
for Federal Highway Administration (FHWA) and
Caltrans Local Assistance Procedures Manual
(LAPM) projects.

Our staff is experienced with, but not limited
to the following tasks:
• Review & Audit Certified Payroll Reports
• Attend Preconstruction Meetings
• Inform Contractors of all Labor Provisions
• Enforce SB854 Laws
• Prepare Restitution Cases
• Reconcile Inspector’s Daily Work Reports to
Certified Payroll
• Work with Outside Labor Compliance Agencies
• Payroll Field Audits / Employee Interviews
• Apprentice Requirements
• Prepare Federal and/or State Audits for Labor
Compliance
• Maintain Labor Compliance Files
• Conduct In-house Training and Technical
assistance

LABOR COMPLIANCE TRACKING SYSTEM
DCCM maintains a tracking system/Log that
is updated on a weekly basis and tracks the
following documents/task:
• Payrolls/Non-Performance received
• Fringe Benefits received
• Department Apprenticeship Standards forms
received
• List all contractors who will perform work
• Interviews Conducted
• Apprentice hours ratios and agreements
• Contractors on site (if dailies are provided)
If requested, System/Log reports can be made
available to the awarding body at any time for
review.

DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 4

3. Relevant Experience

LEGAL FIRM NAME
DCCM Infrastructure, Inc.
(Formerly Southstar Engineering
& Consulting, Inc.)

ORGANIZATIONAL STRUCTURE
C-Corporation

DATE OF INCORPORATION
June 24th, 1971

REGISTRATIONS
DIR No: 100017294
EIN No: 74-1701559

SOUTHERN CALIFORNIA

REGIONAL OFFICE
1945 Chicago Avenue, Suite C-2
Riverside, CA 92507
(951) 342-3120

LOS ANGELES COUNTY OFFICE
11508 Telegraph Rd, Ste 218
Santa Fe Springs, CA 90670

CONTACT
Yvette Kirrin, PE
Principal-in-Charge /
President, S California
(626) 644-8058
[email protected]

NATIONWIDE PERSONNEL
1100+

CALIFORNIA PERSONNEL
100+
DCCM.com

HISTORY OF THE FIRM
After nearly two decades in operation, Southstar Engineering has become a beacon of engineering innovation in Southern California.

In 2024 Southstar was acquired by DCCM and integrated into the streamlined brand and remains committed to advancing the region’s public works and transportation goals. Our expertise spans the gamut of infrastructure development, oversight and management, including federally funded bridges, transit systems, and local projects, underscored by a keen focus on sustainability, planning, and comprehensive design.

Our reputation for flexibility and ingenuity allows us to offer bespoke solutions that precisely fit each project’s demands, guided by our core values of Quality, Value, Innovation, Responsiveness, and Trust. DCCM champions diversity, equity, and inclusiveness, drawing exceptional talent committed to not just professional excellence but also to fostering significant community values. DCCM has access to an immense depth of additional national resources, allowing us to be trusted partners in progress, ensuring the timely and budget-conscious completion of projects, and making a lasting impact on the communities we serve.

DCCM clients can be assured of the quality and professionalism of DCCM’s growing staff of 1100+ employees, with extensive in-house local resources highly regarded within the infrastructure industry. The DCCM Team has assisted over 200 public agencies in the successful delivery of infrastructure projects of all sizes.

Our team makes a difference to clients and the community by continually providing superior service with the highest level of integrity.

By providing client-focused services to countless state and local agencies in Southern California over the past two decades, DCCM professionals have learned the critical questions to ask, and the ideal solutions to offer. By blending innovative problem-solving skills, exceptional depth of experience, and quality project oversight and support services, DCCM consistently completes the construction of large-scale infrastructure projects on time, within budget, and with no claims. The DCCM team consistently resolves challenges by offering our clients innovative solutions that are custom tailored to each project.

3. Relevant Experience
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 5

SPECIALIZED TRAINING
The tables below highlight the specialized training, experience, professional competence, and certifications that our proposed Labor Compliance Officer, Mr. Ramon Carlos, has that are directly related to this RFQual.

Labor Compliance Experience

LABOR COMPLIANCE TASK YEARS OF

EXPERIENCE
State Prevailing Wage Rates 25 Years
Federal Davis-Bacon 25 Years
Apprentice Tracking 25 Years
Payroll Analysis 25 Years
Withholdings 25 Years
Audits – Source Document Reviews 25 Years
SB/DVBE/DBE Tracking 25 Years
Conducting Pre-Construction
Meetings 25 Years
Wage Cases 17 Years
Conducting Employee Interviews 17 Years
EEO Reporting 17 Years
DBE Goal Setting 15 Years
In-person Training 12 Years
GFE Evaluation Reviews 10 Years
Skilled Trained Workforce 6 Years
Local/Target Hiring Tracking 6 Years
Labor Compliance Training

TRAINING SPECIALTY YEAR OF TRAINING/

CERTIFICATION
LCP Tracker Webinar March 2026
DIR Public Works Seminar August 2025
CCC PW Seminar November 2024
DIR PW System Workshop October 2024
LLMC Public Works Seminar August 2024
DIR and Davis Bacon Seminar February 2024
AGC DIR Wage Training July 2023
AGC Davis Bacon Training March 2021
CCC and DIR Training September 2019
DOL Seminar August 2019
Caltrans Public Works Course May 2019
DIR SB 854 Training July 2015
DIR Public Works Training August 2012
Ongoing Annual Training - Caltrans July 2001 - June 2010 City of Montebello
Key
 Key Personnel
Labor Compliance Officer /
Project Manager
Ramon Carlos
Drone Pilot
Ian Tai, PE
Public Outreach
Specialist
Vanessa Barrientos
Principal-In-Charge
Yvette Kirrin, PE

ORGANIZATION CHART
Below is a roster of available staff for the City to select, as needed and specific to the project. DCCM is happy to meet with the City to determine the unique needs of the project and provide recommendations from the available roster with regard to both technical expertise and availability as well as cost considerations. DCCM understands that those designated as key personnel will be available to the extent proposed for the duration of the required services and acknowledges that no person designated as “key” shall be removed or replaced without the prior written concurrence of the City.

Labor Compliance Support
Julissa Carlos
Sandra Montano
Program Administration
Support Services

3. Relevant Experience
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 6

RELEVANT LABOR COMPLIANCE PROJECT EXPERIENCE
DCCM brings nearly 20 years of expertise in project management and labor compliance for public works projects across California. We have extensive experience working with agencies such as Caltrans and multiple counties and cities, ensuring compliance with federally and locally funded infrastructure projects.

Our Labor Compliance Officer, Ramon Carlos, is a former Caltrans LCO and has 25 years of labor compliance experience. He specializes in state and federal wage regulations, payroll analysis, audits, and employee interviews. During Mr. Carlos’ time with Caltrans, he was able to handle a simultaneous workload of approximately 80+ projects. These projects budgets ranged from $250K to $185M and varied from utilizing a few contractors to as many as 40+ contractors performing work on any given project.

DCCM’s qualifications include deep knowledge of labor laws, wage compliance, and project oversight, making us highly capable of providing labor compliance monitoring services for the City. Below are examples of our recent relevant project experience:

GLEN HELEN PARKWAY BRIDGE
SAN BERNARDINO COUNTY | SAN BERNARDINO, CA | 2025-ONGOING The DCCM Labor Compliance Team is currently responsible for enforcing prevailing wage requirements consisting of reviewing payrolls for prime and approximately twenty subcontractors. Additionally, they enforced Labor Code 1720-1815 and interacted with contractors to address deficiencies and correct them in a timely and efficient manner. This Project for San Bernardino County consists of approximately 30 contractors and so far about 140 employees who have performed work year to date.

LA MIRADA CREEK PARK VEHICLE BRIDGE
CITY OF LA MIRADA | LA MIRADA, CA | 2024-2025 (COMPLETED) The DCCM Labor Compliance Team was responsible for enforcing prevailing wage requirements consisting of reviewing payrolls for prime and approximately eight subcontractors. Additionally, they enforced Labor Code 1720-1815 and interacted with contractors to address deficiencies and correct them in a timely and efficient manner. This Project for the City of La Mirada consisted of approximately 135 employees.

On this bridge project for San Bernardino County, the DCCM Labor Compliance Team enforces prevailing wage requirements on a project that consist of about a dozen different contractors performing work. Our Labor Compliance Team attended pre-construction meetings to provide prime contractors and their subcontractors with informational materials and requirements regarding prevailing wage standards and to review the labor compliance standards applicable to each bridge project.

Additionally, our Labor Compliance Team ensured that contractors licenses are current and active with the California State Contractor’s License Board, and they are not on a federal debarment list.

NATIONAL TRAILS HIGHWAY AT 10 BRIDGES
SAN BERNARDINO COUNTY | AMBOY, CA | 2025-ONGOING
For this On-call contract, Mr. Carlos is responsible for providing all Labor Compliance required services in accordance with Local, State, and Federal Ordinances, Laws, and Regulations for various Task Orders when assigned. Projects for this contract typically involve the installation of drinking fountains in underserved schools. He regularly interacts with the awarding body prior to award to ensure language.

He communicates with contractors and discusses all requirements, including, but not limited to projects funded in whole or in part by Proposition 84 (Safe Drinking Water, Water Quality and Supply). He works in conjunction with the Department of Industrial Relations (DIR) to create profiles and projects.

RURAL COMMUNITY ASSISTANCE CORPORATION ON-CALL LABOR COMPLIANCE RCAC | SACRAMENTO, CA | 2024-ONGOING

DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 7

4. Sub-contractors/Sub-consultants

LABOR COMPLIANCE TEAM
DCCM’s labor compliance team does not require sub-contractors/sub-consultants to perform the services described in the proposed Scope of Work/Statement of Work for the Project.

PROPOSED SCOPE OF SERVICES

LABOR COMPLIANCE SERVICES
DCCM has experience managing a wide range
of small, medium, and large-scale infrastructure
projects, which include labor compliance services
such as, Labor Code enforcement, Davis-bacon,
Skilled and Trained Workforce and Disadvantage
Business Enterprise tracking and monitoring.

Our Labor Compliance Officer will also review,
respond to, and make recommendations based on
established City standards and relevant expertise
on reports, plans and Specifications.

The services provided will include Labor
Compliance and all prevailing wage requirements
for State and Federally funded projects: interact
with contractors and awarding body, attend
pre-con meeting, set expectations via checklist,
review payrolls, verify wage determinations,
confirm PW-100, verify apprentice usage, conduct
employee interviews, monitor special participation
such as DVBE/DBE, provide monthly reports
to all stakeholders, prepare violation sheets if
applicable, review any additional reports needed
to comply with other agencies. They will also
communicate and incorporate field operational
needs; administer all contracts associated with
assigned projects including managing budgets and
schedules; assist with the development of future
project budgets.

QUALITY CONTROL.

The Labor Compliance Officers key to getting
things done is staying organized. Every project
has its own unique set of challenges. That is why
creating an effective Labor Compliance team can
be extremely helpful in managing all the different
tasks of the project.

These tasks include, but are not limited to:
• Defining the scopes objectives
• Establishing a plan for success
• Managing risks
• Motivating and consistently communicating
with the stakeholders
• Coordinating with contractors and awarding
body
• Review payrolls and wages
• Interview employees monthly
• Ensuring compliance performed to the highest
standard
• Dealing with wage determination changes
• Provide monthly and closeout reports
• Maintaining cheerful outlook
• Monitoring progress, changes, and issues
related to prevailing wage
• Auditing services when deficiencies are found
and reaching project milestones

IN-HOUSE LABOR COMPLIANCE PHILOSOPHY
In general, a good Labor Compliance Officer
should identify any findings before they become
an issue. Educate all on expectations throughout
the project to reduce and or eliminate any
confusion about how contractors are expected to
comply with Labor Code requirements.

The Labor Compliance Officer will make sure that
they are always available for their stakeholders
for questions, training, advice, support, etc.

Having monthly status meetings is also
particularly important. These are necessary to
discuss compliance and findings, etc. The Labor
Compliance Officer will always be available for his
team members during these meetings as well.

5. PROPOSED SCOPE OF SERVICES

5. Proposed Scope of Services
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 8 Making sure that everyone understands the
expectations, goals and how they plan to
achieve them is a key component of developing
DCCM’s Labor Compliance philosophy. This
communication not only helps get all necessary
tasks done on time but also allows us to collect
feedback from all stakeholders.

Even with a project plan that is both detailed
and thorough, there can still be unexpected
changes or problems. Once an issue arises,
the Labor Compliance Officer will re-evaluate
the expectations to successfully overcome the
problem.

DAVIS-BACON
We understand the importance of accurate
cost estimating for the planning and budgeting
purposes of any agency.

All our proposed Labor Compliance team have
decades of experience in the enforcement of
Labor Code and Davis-Bacon projects. They have
performed countless successful projects and
have negotiated hundreds of deficiencies for the
benefit of many construction workers. Due to
their current involvement in active construction
projects, our Labor Compliance team have up to
date and extensive information of Labor Code and
Davis Bacon requirements. Our staff are ready and
available to support the City in any type of project.

TOOLS AND PROCESSES
Our Team is well versed in Labor Code and DavisBacon requirements and processes, as well as experts in the Caltrans LAPM. We can understand
and recommend solutions for any of the issues
that may affect the City’s scope requirements,
budget, and/or schedule and efficiently implement
the approved solution.

DEMONSTRATED COMMITMENT
Our past performance on our successfully
completed projects is an indicator of our Team’s
ability to respond to the City’s needs at a
moment’s notice and to provide continuous and
stable staff support.

IDENTIFYING KEY AND/OR CRITICAL ISSUES BASED

ON EXPERIENCE
In response to the City’s request for identifying
key or critical issues based on our firm’s prior
experiences, we have outlined five crucial areas
that we believe may be encountered during the
project management process. Drawing from our
20 years of experience in managing transportation
and infrastructure projects large and small.

We have learned valuable lessons that the City
can take advantage of by hiring DCCM. To ensure
the successful delivery of services, we propose
the following steps to address and mitigate
the risk posed by these potential issues:

Stakeholder Communication: Effective
communication with all stakeholders is critical
to ensure everyone is aligned and informed.

We have learned that regular, transparent, and
structured communication channels help in
preempting misunderstandings and conflicts. To
ensure this, we will implement a comprehensive
communication plan, including regular meetings,
updates, and a clear escalation process for issues.

Quality Control: Maintaining high-quality
standards is essential for the successful delivery
of any project. We have established rigorous
quality control procedures, including regular
inspections, audits, and corrective action plans,
to ensure that all project deliverables meet the
required standards. We will continue to enforce
these practices to ensure the project’s success.

The key determining factors of performing
labor compliance on a project is not if it has
5 employees vs 30 employees. The key factors
are 1 trade vs. 30 different trades because you
have to track: wages, increases, minor footnotes
to each wage for each trade. It is also important
to determine if laborers are Journeyman or an
apprentice and if they are meeting the ratios.

During projects of any size it is critical to ensure if the contractor familiar with the local rates vs. from
another city and not familiar with wages. Other
factors that impact compliance are the existence
of a subsistence area and special program
participation, tracking and substitution possibilities.

5. Proposed Scope of Services
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 9

LABOR COMPLIANCE SCOPE OF WORK FLOW CHART
The graphic below demonstrates DCCM’s Labor Compliance workflow that will be used to accomplish the pre-construction, construction, and post-construction tasks outlined in the RFQual Scope of Work: Labor Compliance Services Flow Chart legend:

DBE - Disadvantaged Business LC - Labor Compliance
POC - Point of Contact DVBE - Disabled Veteran DIR - Dept of Ind Relations Compliance

1. Employee Interviews.

2. Visit site to conduct
interviews.

3. Cross check interviews,
payrolls and diaries if
available.

4. Gather various reports.

Discrepancies

1. Recommend Withholds.

2. Source Document Review.

3. Set up appt with contractor at their
location.

4. Audit Tax documents.

5. Audit canceled checks.

6. Audit Union reports.

7. Audit Fringes.

Cont Compliance

1. Calculate restitution.

2. Send out notices.

3. Inform contractor.

4. Cont sending out notices.

5. Formal Wage case.

6. Inform DIR.

Notice to Proceed Labor Compliance Review
Pre-Award and Contract
Award Pre-Con Meeting

1. Create Sign in sheet.

2. Create Labor Compliance
Checklist.

3. Discuss DBE, DVBE, EEO and
subcontracting requirements.

4. Create and discuss LC packet
(samples of forms etc).

5. Identify self as LC officer.

6. Answer any questions.

7. Have contractor sign checklist.

8. Obtain and confirm DIR
registrations.

9. Confirm classifications to be
used, holiday, increases.

1. Audit/Source Document reviews.

2. Review contractors payrolls to
ensure provisions are adhere to.

3. Verify wage rates match DIR.

4. Confirm Fringe benefits are being
paid.

5. Verify payrolls are in proper format.

6. Cross check payrolls against other
documentaton.

7. Cross check, classifications,
hours, names, and rates.

8. Track Skilled & Trained
Workforce/Local hiring and
apprenticeship requirements.

9. Confirm apprentice are registered.

10. Confirm and verify ratios.

1. Discuss details for contract language.

2. Contact Awarding Body POC and Prime
POC.

3. Confirm DIR status of contractors.

4.Participate in reviews of bids from
validated contractors.

1. Verify all contractors in
compliance.

2. Collect all forms (DBE-DVBEEEO).

3. Collect any missing
information/documents.

4. Check any apprentice
reimbursements.

5. Recommend release of any
withholds.

Notice of
Completion -
Closeout

1. Create filing system.

2. Provide any labor compliance
training to AB and contractors.

AB - Awarding Body

PRE-CONSTRUCTION CONSTRUCTION

POST-CONSTRUCTION

DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 10

6. Conflict of Interest Statement

CONFLICT OF INTEREST
DCCM has no conflict of interest in connection with providing the services outlined in the RFQual to the City of Montebello.

DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 11

7. Cost Proposal

COST PROPOSAL
DCCM’s cost proposal for Labor Compliance Monitoring services for the City of Montebello can be seen in the Rate Schedule below. We understand that the City is looking for Labor Compliance Monitoring services to support projects with the City of Montebello Public Works Department for a term of three (3) years from the period of July 1, 2026 through June 30, 2029, with the option to renew annually for an additional two (2) one-year extensions.

All DCCM individual rates will be provided within the billing rate per hour range shown below. Included below is a DCCM rate schedule that includes the rates for the personnel included in this proposal, as well as the general classifications for additional resources, if the City were to have an additional need and request their expertise on a project. These rates are fully burdened rates and include all overhead, benefits, etc. DCCM greatly appreciates the opportunity to submit our hourly fee schedule below.

DCCM RATE AND REIMBURSEMENT SCHEDULE (EFFECTIVE JANUARY 1, 2026)

POSITION TITLE BILLING RATE PER HOUR RANGE
Principal-in-Charge/Project Representative $259.00 - $359.00 Grant Specialist $229.00 - $259.00
Grant Writer $175.00 - $249.00
Construction Manager $219.00 - $319.00
Structures Representative $249.00 - $319.00
Structures Inspector $179.00 - $239.00
Deputy Project Manager $129.00 - $199.00
Labor Compliance $115.00 - $195.00
Public Outreach Specialist $115.00 - $195.00
Drone Photogrammetry $219.00 - $319.00
Urban Planner $119.00 - $260.00
Transit Planner $139.00 - $330.00
Project Manager $219.00 - $319.00
Project Engineer $189.00 - $289.00
Resident Engineer $249.00 - $369.00
Assistant Resident Engineer $189.00 - $249.00
Construction Inspector/Electrical Inspector $149.00 - $219.00 Right-of-Way Manager/Engineer $219.00 - $269.00
Document Control Specialist $79.00 - $209.00
Utilities Coordinator $129.00 - $209.00
Scheduler $149.00 - $235.00
Office Support $59.00 - $149.00
All DCCM rates shown below are subject to annual increase of 3% pending City approval.

DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 12

8. References
City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-03 Labor Compliance & Program Administration Support Services 14 Appendix C – Reference Sheet
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
San Bernardino County
Andy Silao
Engineering Manager
(909) 387-7921
[email protected]
National Trails Highway at 10 Bridges & Glen Helen Parkway Bridge 2025 - Ongoing
City of La Mirada
Eric Villagracia
Project Manager
(562) 902-2385
La Mirada Creek Park Vehicle Bridge
2024 - 2025 (Completed)
13700 La Mirada Blvd, La Mirada, CA 90638
Rural Community Assistance Corporation
3120 Freeboard Drive, Suite 201, Sacramento, CA 95691
Beatriz Smith
Contract Manager
(916) 594-5298
[email protected]
[email protected]
RCAC On-Call Labor Compliance
2024 - Ongoing
385 N. Arrowhead Ave, San Bernardino, CA 92415

8. References
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 13 FIRM
DCCM

EXPERIENCE
30+ Years in Industry
18 Years with DCCM

EDUCATION
BS, Mechanical Engineering –
University of Florida

LICENSES/REGISTRATIONS
Professional Civil Engineer, CA
License #C63667

BACKGROUND
Ms. Kirrin has over 30 years of
extensive transportation planning,
design and construction and project
management. Her management
expertise is in the facilitation of large
transportation projects within small
and large governance structures, as
well as an expertise in federal, state
and local funding, including working
with Metro and Caltrans. She has
significant experience working with
diverse stakeholder groups, and she
focuses on equity and inclusion for
the delivery of the best projects.

Yvette’s technical experience
includes the planning, design and
construction of interchanges and
freeways, multimodal complete
streets, including roundabouts, and
the coordination of large projects.

GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG)
GCCOG | LOS ANGELES COUNTY, CA | TRANSPORTATION ENGINEER Ms. Kirrin serves as a Transportation Engineer and is responsible for the subregional technical review, oversight and program management tasks needed to facilitate Metro Measure R and Measure M funds. Additionally, she is responsible for various portions of the subregional transportation initiatives including the arterial complete streets projects and the active transportation strategic projects for the 27+ Cities/Jurisdictions. This includes the facilitation of over$1 Billion in funds.

Ms. Kirrin is responsible for protecting the interests of the Cities regarding how the funds are allocated and spent, as well as responsible for communicating to the Public Works offices, City Mangers and Elected officials the status on the projects.

More than 50 projects in the subregion have been coordinated and delivered, utilizing Ms. Kirrin’s expertise in the areas of funding, planning, design, right of way, construction and/or construction management and inspection.

CITY OF SANTA FE SPRINGS STAFF AUGMENTATION
CITY OF SANTA FE SPRINGS | SANTA FE SPRINGS, CA |

INTERIM PUBLIC WORKS DIRECTOR
Ms. Kirrin recently served as the Interim Public Works Director for the City of Santa Fe Springs, where her duties include the management of multiple managers and divisions, coordination with the City Council and the oversight of large-scale subregional projects. She still represents the City as their Project Manager for the Rosecrans/Marquardt Grade Separation Project. Responsible for coordination with Metro, BNSF, other City Staff, and Caltrans in the review of plans, processing of Section 190 invoices, Right of Way vacations, water line relations and flagging.

SERVING AS PRINCIPAL-IN-CHARGE FOR:
• City of Norwalk – On-Call Staff Augmentation Services • City of Norwalk – On-Call Grant Writing Services
• City of Bellflower On-Call PM, CM & Inspection
• City of La Mirada On-Call CM & I
• City of Commerce – On-Call CM & I
• City of Santa Fe Springs – On-Call Engineering
ZONE 4 AND ZONE 31 PAVEMENT REHABILITATION PROJECTS
CITY OF NORWALK | NORWALK, CA | PRINCIPAL-IN-CHARGE
Ms. Kirrin served as Principal-in-Charge of the Zone 4 and Zone 31 Pavement Rehabilitation Projects. Project included over 100 each Curb Ramp replacements, Asphalt Paving and Slurry seal of local streets.

STUDEBAKER AT HALCOURT TRAFFIC SIGNAL MODIFICATION
CITY OF NORWALK | NORWALK, CA | PRINCIPAL-IN-CHARGE
DCCM provided construction management and inspection services on this $491,091 project for the City of Norwalk that consisted of mediation and replacement of ADA Ramps, replacement and modifications of Traffic Signals and restoration of Striping and sidewalk. The project features Signalized Intersection for the Specific purpose of the Studebaker Elementary School. DCCM did this within the allotted time frame and within budget.

YVETTE KIRRIN, PE

PRINCIPAL-IN-CHARGE

8. References
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 14 FIRM
DCCM

EXPERIENCE
25 years in Industry
13 years with the Firm
SKIILS
Bilingual – Spanish
Contract Administration

BACKGROUND
Mr. Carlos has been a labor
compliance officer since 2002 to
present with the public sector
as well as private sector.He
served as a Labor Compliance
officer with Caltrans from 2002-
2010. From 2010-2016 he served
as the Disadvantaged Business
Enterprise Program Manager for
Caltrans where he oversaw the
goal setting of Federal contracts
and participated in good faith
effort review committee. He takes
on highly challenging positions
and projects, and with his energy,
initiative, and ability to implement
and administer programs, delivers
successful assignments that
have built his reputation in our
industry as one of the best labor
compliance officers in the Inland
Empire.

GLEN HELEN PARKWAY BRIDGE
SAN BERNARDINO COUNTY | SAN BERNARDINO, CA |

LABOR COMPLIANCE OFFICER
The DCCM Labor Compliance Team is currently responsible for enforcing prevailing wage requirements consisting of reviewing payrolls for prime and approximately twenty subcontractors. Additionally, they enforced Labor Code 1720-1815 and interacted with contractors to address deficiencies and correct them in a timely and efficient manner. This Project for San Bernardino County consists of approximately 30 contractors and so far about 140 employees who have performed work year to date. Our Labor Compliance Officer provided monthly reports to all stakeholders to address potential findings. He also attends weekly meetings to provide updates to teams to keep all aware of status.

NATIONAL TRAILS HIGHWAY AT 10 BRIDGES
SAN BERNARDINO COUNTY | AMBOY, CA | LABOR COMPLIANCE OFFICER On this bridge project for San Bernardino County, Mr. Carlos enforces prevailing wage requirements on a project that consist of about a dozen different contractors performing work. He attended pre-construction meetings to provide prime contractors and their subcontractors with informational materials and requirements regarding prevailing wage standards and to review the labor compliance standards applicable to each bridge project. Additionally, he ensured that contractors licenses are current and active with the California State Contractor’s License Board, and they are not on a federal debarment list.

He conducts and compares required employee Interviews at jobsite, provided Payroll Analysis with different funding sources, cross-checked payrolls with Diaries ensuring classifications and hours are correct, notified the State of delinquent or inadequate payrolls, ensured SB854 uploads to Department of Industrial Relations, prepared and submits monthly, semi-annual and final reports, apprentice certification and tracking per DAS Requirements, verifies Union deposits, and training fees to California Apprenticeship Council.

CREEK PARK VEHICLE BRIDGE
CITY OF LA MIRADA | LA MIRADA, CA | LABOR COMPLIANCE OFFICER Enforcing prevailing wage requirements consisting of reviewing payrolls for prime and approximately eight subcontractors. Enforcing Labor Code 1720-1815.

Interact with contractors, addressing deficiencies and correcting in a timely and efficient manner. Project consisted of approximately 135 employees. He provided monthly reports to all stakeholders addressing potential findings.

RCAC – WATER FILTRATION IMPROVEMENTS
VARIOUS SCHOOL LOCATIONS | CA STATEWIDE | LABOR COMPLIANCE OFFICER Labor Compliance Officer. Responsible for providing all Labor Compliance required services in accordance with Local, State, and Federal Ordinances, Laws, and Regulations. Interact with awarding body prior to award to ensure language.

Communicated with contractors and discuss all requirements, including, but not limited to projects funded in whole or in part by Proposition 84 (Safe Drinking Water, Water Quality and Supply) and worked in conjunction with the Department of Industrial Relations (DIR) and creating profiles and projects.

RAMON CARLOS

LABOR COMPLIANCE OFFICER / PROJECT MANAGER
Available: As Needed up to 100%

8. References
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 15 RIVERSIDE AVE. SOUTH RECONSTRUCTION
CITY OF RIALTO | RIALTO, CA | LABOR COMPLIANCE OFFICER
Responsible for providing all Labor Compliance required services in accordance with State, and Federal Ordinances, Laws, and Regulations through the Department of Public Works (DPW), including, but not limited to projects funded in whole or in part by Federal funds and worked in conjunction with the Department of Industrial Relations (DIR) on all SB-854 effected project. I reviewed documents submitted from all contractors which included: payroll, fringe benefits, apprentice requirements, DBE utilization. Collected final affidavits to closeout. Projects consisted of about 20+ contractors and approximately 32000-man hours.

I-15 CONGESTION RELIEF IMPROVEMENT PROJECT
CITY OF TEMECULA | TEMECULA, CA | LABOR COMPLIANCE OFFICER The Labor Compliance task consisted of reviewing payrolls for prime and subcontractors. Enforcing Prevailing wage and Labor Code 1720-1815. Interact with prime on addressing deficiencies and correcting. Project consisted of up to twenty different contractors, working crews of approximately 120 employees. He provided monthly reports to all stakeholders addressing potential findings.

AS-NEEDED LABOR COMPLIANCE CONSULTANT SERVICES
CALIFORNIA DEPARTMENT OF WATER RESOURCES | STATEWIDE, CA | LABOR COMPLIANCE OFFICER Labor Compliance Officer responsible for assisting the State with activities needed to ensure that workers employed by States contractors and their subcontractors are hired and paid in compliance with all applicable labor standards. Duties included attending pre-construction meetings to provide contractors and their subcontractors with informational materials and requirements regarding labor compliance standards and to review the labor compliance standards applicable to each project. Ensured that their licenses are current and active with the California State Contractor’s License Board, and they are not on a federal debarment list. Conducted Employee Interviews at jobsite, provided Payroll Analysis with different funding sources, cross-checked payrolls with Diaries ensuring classifications and hours are correct, notified the State of delinquent or inadequate payrolls, ensured SB854 uploads to Department of Industrial Relations, prepare and submit all monthly, semi-annual and final reports, apprentice certification and tracking per DAS Requirements, verified Union deposits, and training fees to California Apprenticeship Council. Also tracked Skilled and Trained Workforce (STW).

ATEN BLVD REHABILITATION PROJECT (VILORE WAY & OLD SR86) CITY OF IMPERIAL | IMPERIAL, CA | LABOR COMPLIANCE OFFICER Responsible for enforcing prevailing wage on project that consist of about twelve different contractors performing work.

Attended pre-construction meetings to provide contractors and their subcontractors with informational materials and requirements regarding labor compliance standards and to review the labor compliance standards applicable to each project.

Ensured that their licenses are current and active with the California State Contractor’s License Board, and they are not on a federal debarment list. Conducted Employee Interviews at jobsite, provides Payroll Analysis with different funding sources, cross-checking payrolls with Diaries ensuring classifications and hours are correct, notifying the State of delinquent or inadequate payrolls, ensured SB854 uploads to Department of Industrial Relations, prepare and submit all monthly, semi-annual and final reports, apprentice certification and tracking per DAS Requirements, verifies Union deposits, and training fees to California Apprenticeship Council.

I-215 HOLLAND RD OVERCROSSING AND CENTRAL PARK AMPHITHEATRE PROJECTS CITY OF MENIFEE | MENIFEE, CA | LABOR COMPLIANCE OFFICER Labor Compliance Officer responsible for managing labor compliance effort, evaluates, monitors, and enforces prevailing wage requirements on various construction projects. Conducted onsite interviews to determine wages paid to workers and prevailing wage compliance orientations with subcontractors being monitored on the awarded task order, to ensure their understanding of prevailing wage requirements and their prevailing wage obligation. Maintained all labor compliance records, helped field personnel and Contractors, conducted field interviews and investigations.

RAMON CARLOS LABOR COMPLIANCE OFFICER

DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 16

9. Redline Comments on the Professional Services Agreement Template

PROFESSIONAL SERVICES AGREEMENT
We understand that following the award of the RFQual, the City will evaluate all submitted redline comments incoordination with the City Attorney and will work with the selected firm(s) to reach mutualagreement on the final contract terms. DCCM has reviewed the Professional Services Agreement Template provided by the City and has no exceptions and will adhere to the provisions described in the RFQual without modification.

CERTIFICATE OF INSURANCE

9. Redline Comments on the Professional Services Agreement Template DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 17

CERTIFICATE OF INSURANCE (CONTINUED)

DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 18

10. Additional Attachments (Optional)
DCCM’s comprehensive in-house Public Relations
Division works in tandem with our Construction
Management Division. Our team excels at developing
and executing comprehensive, effective, and
successful Public Outreach Programs.

Vanessa Barrientos Bilingual, with over 20 years
of experience, has successfully developed and
implemented customized bilingual public awareness
campaigns for more than $4.9 billion in high-profile
projects throughout Southern California. Vanessa’s
technical expertise empowers her to educate the
community effectively, earning their support as
they grasp the project’s process.

Public Outreach Goals for every project:
• Transparency: Ensure transparency with Project Updates for Stakeholders and the Community • Communication: Maintain consistent, two-way communication • Questions: Proactively address questions and concerns to foster trust • Safety: Implement safe and convenient traffic detours

COMMITMENT TO EFFECTIVE COMMUNICATION
Our committed team guarantees that residents, businesses, and the community receive accurate information about these projects promptly and affordably. We tailor our communication platforms to meet the unique needs of communities and businesses, aiming to reduce any disruptions for both the community and traveling public, who play an essential role in the success of all projects. Ms. Barrientos’s expertise in conveying technical design and engineering concepts is an invaluable resource throughout the contract period.

PROGRAM ADMINISTRATION SUPPORT SERVICES
The following section contains additional relevant services that DCCM can provide the City as needed.

BILINGUAL IN-HOUSE PUBLIC OUTREACH “VANESSA BARRIENTOS IS AN ASSET TO ANY TEAM. SHE SETS THE BAR WHEN
IT COMES TO PR. SHE IS DEPENDABLE
AND MAKES HERSELF AVAILABLE. SHE
HAS EXCELLENT CUSTOMER SERVICE.

AS AN ADDED BONUS SHE HAS GREAT

TECHNICAL KNOWLEDGE WHICH HELPS

IN DISCUSSIONS WITH CONTRACTORS
AND RESIDENTS. YOU WILL BE GLAD YOU
ADDED HER TO YOUR TEAM. ”

ART CERVANTES, PMP - CITY OF RIALTO

ENGINEERING MANAGER
ENGINEERING SERVICES DEPARTMENT.

IN-HOUSE PUBLIC OUTREACH SERVICES
Our In-house Experts Specialize in:
• Public Outreach Plans
• Pre-Construction Outreach
• Construction Outreach
• Post Construction Outreach
• Safety Outreach
• TCE Outreach
• Construction Meetings Outreach
• Door-to-Door Outreach
• Reconnaissance Reports
• Quality Control Process
• Staging Plans Review
• Communication Logs
Communication Tools
• Dedicated Website
• Dedicated Email
• Dedicated Helpline
• Text Message
• Progress Videos
• Social Media Content
• Drone Photogrammetry
• Translation and interpretation services
• City Webpage Content Delivery
Collateral Material
• Project Logo
• Weekly Construction Notices
• Factsheet
• Business Posters
• Wayfinding Signs
• Detour Maps
• Business Cards
Event Planning
• Groundbreaking Ceremony
• Ribbon Cutting Ceremony
• Community Meetings
• Neighborhood Meetings
• City Events - Booths

10. Additional Attachments (Optional)
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 19 1 2
3 4
5 7
Review the three-week look-ahead schedule, pose any questions, pinpoint construction activities, and formulate a strategy.

CONSTRUCTION MEETING
Develop content for notice, determine
map changes, and photos for video.

DEVELOP NOTICE /VIDEO
Translate the notice, map, and
video slides.

TRANSLATE
Initially, the RE or CM will perform a
review and grant approval, after which
the City staff will also conduct their
review and provide their approval.

REVIEW PROCESS
Webpage or Dedicated
Website
Database: Email blast.

Social Media Content
and video.

City newsletters
Interdepartmental
notifications

DISSEMINATION TO PUBLIC
Notice and Map: Make final comments.

Translation: Translate final comments.

Video: Move to Vimeo and prepare
links.

FINALIZE NOTICE AND VIDEO
REVIEW PROCESS: Make changes in English and Spanish. Resubmit to CM/RE or City.

DCCM emails the City Staff the
approved collateral.

Notices PDF’s or Images
Video links or embed code
Social Media images with links.

Hand delivery/One-on-one
meetings

DISSEMINATE TO CITY
DCCM Public Outreach
Collaborates with
PW/contractor
Obtains necessary
approvals
Responds to helpline
inquiries
Addresses email
questions
Conducts one-on-one
field meetings
City Communication
Web/SM posting
Time-saving approach

WHY THE CITY
NEEDS DCCM 7

PUBLIC OUTREACH QUALITY CONTROL -

WEEKLY NOTICES AND VIDEOS
DCCM provides dependable and accurate informat ion for the public.

D E D I C A T E D H E L P L I N E / E M A I L F L OW C H A R T D C C M w i l l r e c e i v e t h e c a l l s a n d ema i l s . 1 3
5 Stay informed about the
latest construction activities
and closures.

PR TEAM IS INFORMED
2 LISTEN TO THIER CONCERNS

OR QUESTIONS

PROVIDE ANSWERS TO THEIR
QUESTIONS.

RESPOND WITH ADDITIONAL

INFORMATION

RECEIVE CALL OR EMAIL
Helpline number is forwarded
to a cell phone. Calls can be
answered 24/7
4 ADDITIONAL INFO/FIELD SUPPORT
One-on-one meeting
Review plans/spec/TC
Take photos
6 LOG AND CLOSE THE CALL
Log the inquiry in Excel .

Monthly Communication
log is emailed to the
CITY.

Call or email the
information.

RECEIVED A CALL/EMAIL

FROM AN MAJOR EVENT
Provide project
information.
3 Discuss event logistics.

Project current TC or road
conditions.

Develop plan for event.

ONE-ON-ONE MEETING

PUBLIC OUTREACH FLOW CHARTS
Vanessa Barrientos has over 20 years of developing and
executing tailored public awareness campaigns for over
$4.6 billion high-profile infrastructure projects with a cost-effective approach by establishing goals, objectives and budgets. She encourages open conversation and facilitating the access of project information. Top priorities are safety and engaging the community in an open conversation and
facilitating the access of project information.

VANESSA BARRIENTOS

PUBLIC OUTREACH MANAGER
• CITY OF SANTA FE SPRINGS - ON-CALL PUBLIC OUTREACH SERVICES • CITY OF SANTA FE SPRINGS - MEASURE SFS PROGRAM - PUBLIC OUTREACH • LA METRO ROSECRANS / MARQUARDT GRADE SEPARATION - PUBLIC OUTREACH • GATEWAY CITIES COUNCIL OF GOVERNMENTS - FIBER OPTIC NETWORK - PUBLIC OUTREACH FOR 24 CITIES
AWARDS
ASCE OC Branch Awards |
Construction Project of the Year
Gold Award, MarCom Awards |
Communication Program
Finalist, Public Relations
Society of America, 50th Prism
Awards, Community Relations

EDUCATION
BS, Criminal Justice –
CSU, San Bernardino

EXPERIENCE
20 years in Industry
10 years with the Firm
”BE COLORFUL
because Engineering
is Black and White.”
— Vanessa Barrientos

10. Additional Attachments (Optional)
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 20

FIBER OPTIC
Regional
Network A Gateway Cities Council of Governments Project (GCCOG) ROUTE
MILES 125
24 CITIES
[email protected]
562-286-9199

P A R T N E R S
Overall Project Schedule: September 2025
through December 2026 (All Cities)

P R O J E C T

F A C T S H E E T
The Gateway Cities Council of Governments' (GCCOG) Gateway Cities Fiber Optic Network Project, will expand fiber optic infrastructure, aiming to establish a new regional fiber network to address the digital divide and provide high-speed internet access. The project involves building significant lengths of fiber optic cable and interconnecting with existing networks to benefit communities and businesses in the region.

The $104 million broadband infrastructure project will provide high-speed internet access to 24 underserved cities while also reaching 4,200 underserved locations in South Los Angeles County.

Gateway Cities Council of Governments
(GCCOG)
California Department of Technology
(CDT)

F U N D I N G
Through a partnership with the CDT, the project is
utilizing funding from the State Middle Mile
Broadband Initiative and a grant award from the
CPUC managed Last Mile Federal Funding
Account.

C O N S T R U C T I O N

C I T I E S
https://www.gatewaycog.org
Artesia
Bell
Bell Gardens
Bellflower
Cerritos
Commerce
Compton
Cudahy
Downey
Hawaiian Gardens
Industry
La Mirada
Lakewood
Long Beach
Lynwood
Maywood
Montebello
Norwalk
Paramount
Pico Rivera
Santa Fe Springs
Signal Hill
South Gate
Whittier

SAMPLE PUBLIC OUTREACH MATERIALS
The following pages contain Sample Public Outreach Materials of flyers that have been made and distributed by the DCCM Public Outreach team.

10. Additional Attachments (Optional)
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 21

LI T T L E LA K E P A R K
Parking Lot Improvements

CONSTRUCTION NOTICE
October 3 - January 2024
Overall Schedule:

Working Hours:

Monday – Friday
8:30 am – 3:30 pm, except
holidays.

BE READY. BE INFORMED
(562) 256-1302
October 3 - 6, 2023
Dates Construction Activities
72 Hours before October 2 “No Parking” signs will be posted. Do not leave your vehicle in the parking lot on Monday, October 2. Your vehicle will be subject to towing.

Monday, October 2 Close and install the construction fence around the parking lot.

Tuesday - Friday, October 3-6 Pulverize and remove the existing asphalt.

Hablamos Español
vanessabarrientos
@santafesprings.org
santafesprings.org
What to Expect During Phase 1 Construction
Closed Parking Lot
Construction Fence
The parking lot will be fully closed during construction. Vehicles and workers will be entering and exiting during construction hours. Do not enter into the construction zone. Emergency services will have access.

Visit the Park! The park and facilities will remain OPEN during construction. Park and walk around the construction site to reach your destination.

Park Community Services All City park community services will continue as normal.

Batting Cages and
Temporary Parking
Batting cages will remain open during normal business hours. Temporary designated parking will be available on Pioneer Blvd. Signs will be posted.

Dust Control Water trucks will be used to maintain dust control during construction.

Temporary Pedestrian Path A temporary pedestrian path will be available to the batting cages.

Contact Us:

Florence Ave
Pioneer Blv
d
Lakeland Rd
St Pius X
Parish
School
St. Pius X
Catholic Church
Apartments
Cemetery

CITY OF NORWALK

CITY OF SANTA FE SPRINGS
Under
Construction
Parking Lot
OPEN
Temporary
Batting Cages
Pedestrian
Access
Parking
CLOSED
OPEN

10. Additional Attachments (Optional)
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 22 The City of Santa Fe Springs is set to repair the damaged sidewalks, driveway aprons, curb ramps, and curb & gutter within the shown residential neighborhoods. The infrastructure enhancements will repair the damaged areas of the residential streets and beautify the neighborhood.

Schedule: March 2 to Late April 2026
Schedule is subject to change.

Working Days and Hours:

Monday – Friday from 8 am – 4 pm, excluding
holidays.

Contractor: CJ Concrete Construction, Inc.

I M P R O V E M E N T P R O J E C T

RESIDENTIAL CONCRETE
2 0 2 5 - 2 0 2 6

PROJECT LIMITS
Kinghorn Street
Roseton Avenue
Clarkman Street

ABOUT THE PROJECT
Darcy Street
Otto Street
vanes sabarrientos@
santafesprings .gov
PROJECT DETAILS (562) 256-1302
“No parking” signs will be posted. Please
read the dates and times of the restrictions.

Sidewalk closures or restrictions will be
needed. Sidewalk detour signs will be
posted.

Driveway apron reconstruction will be
coordinated with the property owner.

Concrete curing (dry time) may require the
driveway apron to remain closed. We ask
that you park on the street and walk to your
home.

Street sweeping will continue as normal.

Citations will NOT be issued during
construction.

Trash collection will continue as normal.

WHAT TO EXPECT
F A C T SHE E T - A R E A 1

FLORENCE AVE
LEGEND General Project Areas City of Santa Fe Springs
Map not to scale.

Kidzone
Christian
School

R O SE T O N A
VE

K I N G H O R N ST

D A R C Y ST

C L A RK M A N ST
Foursquare Church
Santa Fe Springs
Christian School

OTTO ST

O RR & D A
Y R D
Santa Fe High School
Orr & Day Road

10. Additional Attachments (Optional)
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 23 ¿TU CALLE ES LA PRÓXIMA? VERÁ SEÑALES DE "NO ESTACIONAR" A LO LARGO DE LA ACERA.

Se colocará un letrero de "No estacionar" cuando el contratista comience a trabajar en su calle.

RESIDENTIAL STREET

IMPROVEMENTS

SOUTH OF FLORENCE AVE (TRIANGLE) LONGWORTH AVE (ORR & DAY TO HARVEST AVE) QUÉ ESPERAR DURANTE LA CONSTRUCCIÓN
Estacionamiento: El estacionamiento en la calle puede estar restringido durante el trabajo en la calzada y la acera. Se publicarán señales de No estacionarse. Es posible que deba estacionar su vehículo en otra calle. Barrendera: El barrendero de calles continuará por las calles que no estén en construcción en el día designado para barrer las calles. ISi su calle está en construcción y tiene que estacionarse en otra calle, estacione en la siguiente calle o la más cercana a su calle. La barredora de calles no barrerá las calles adyacentes a las calles en construcción. Si recibe una citación, contáctenos al (562) 256-1302. Restricciones de carril: Es posible que se necesiten restricciones durante el trabajo. El acceso se proporcionará en todo momento. Siga todas las señales publicadas. Calzadas: Las calzadas residenciales (avda Maidstone) pueden estar restringidas y el equipo coordinará este trabajo con el dueño de la propiedad para brindar acceso. Tiempo extra: Permita tiempo extra al salir de la comunidad para llegar a su destino a tiempo. Control de polvo: Se utilizarán camiones de agua para mantener el control del polvo durante la construcción.

AVISO DE CONSTRUCCIÓN
ESTAR LISTO. SER INFORMADO
Vie. 14 de julio y lun. - Vie. 17-21 de julio
Calendario:
en curso – agosto 2023
Clima Pendiente.

Costo: Más de $1 millón, financiado
Financiamiento: Fondo de mejora de
capital del impuesto a los usuarios de
servicios públicos (UTU)
Horas de trabajo: Lunes Viernes
8:00 am – 4:00 pm, Excepto días
festivos.

Contratista: R. J. Noble Construction
Actualizaciones semanales por correo
electrónico: Regístrese para recibir
avisos de construcción.

Envíanos tu correo electrónico:
[email protected]
Línea de ayuda de construcción:
(562) 256-1302 | Hablamos Español
Página web: santafesprings.org.

CONSTRUCTION ACTIVITIES
viernes, 14 de julio
avenida Maidstone, avenida Flallon, calle Quinn, calle Muller y calle BuellLas cuadrillas cubrirán las calles con asfalto nuevo. lunes, 17 de julio
avenida Roseton, calle Cecilia, avenida
Ringwood y avenida Jersey
Los equipos continuarán cubriendo las calles con
asfalto nuevo.
martes, 18 de julio
avenida Longworth, avenida Gard, calle
Lakeland y avenida Ringwood, avenida Florence en dirección este (al oeste de avenida Roseton)
Los equipos continuarán cubriendo las calles con
asfalto nuevo. Las cuadrillas molerán y pavimentarán la avenida Florence en dirección este (al oeste de la avenida
Roseton).

Flallon Ave
Lakeland Rd
Buell St
Roseton Ave
Maidstone Ave
Jersey Ave
Ringwood Ave
Quinn St
Buell St
Gard Ave
Cecilia St
Muller St
Orr & Day Rd
Mondon Ave
Ringwood Ave
Ringwood Ave
Florence Ave
Longworth Ave
Orr & Day Rd

LEGEND LEYENDA
City Boundary Line
Línea límite de la
ciudad
Tuesday, July 18 (Florence
Ave Grinding and paving)
and (Paving)
Lunes 17 de julio
(Pavimentación)
Martes 18 de julio (avenida
Florencia Molienda y pavimentación) y
(Pavimentación)
Friday, July 14 (Paving)
Monday, July 17 (Paving)
Viernes 14 de julio
(Pavimentación)

10. Additional Attachments (Optional)
DCCM | City of Montebello RFQual No. 26-03 - Labor Compliance & Program Administration Support Services | May 6, 2026 24 Using our new drone equipped with a 48MP camera, DCCM’s FAA Section 107-certified pilot will conduct monthly flights over designated project areas, capturing high-resolution imagery to create an interactive 3D model of the workspace. From this model, a 2D orthophoto can be generated to scale, suitable for printing or use as a scaled background image in MicroStation. This advanced imaging technology enhances communication, mitigates risks, and minimizes potential schedule delays and cost overruns.

Additionally, these images are valuable for public outreach, allowing the team to label ongoing construction tasks and post updates to the project website. The pilot has extensive experience with Bentley ContextCapture software, leveraging a robust server infrastructure. With decades of design expertise, thousands of hours in Photoshop, and FAA certification, our pilot combines skill and technology to deliver precise models and maps for our clients.

MONTHLY DRONE PHOTOGRAPHY

OVERLAYING PROJECTS FEATURES ON EXISTING FIELD CONDITIONS

FAA GPS ENABLED SITE DRONE PHOTOGRAMMETRY
Aerially documentation of project progress with monthly drone flights of project area.

To explain to stakeholders the impact of project improvements on existing field conditions.

Interactive 3D Model Construction Phase Drone Photography Post Construction Phase Drone Photography

EXHIBIT ‘C’
Local Assistance Procedures Manual, Exhibit 10-R, Appendices A and E

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin #25-07 R3
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)

NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE,

EXCEPT ARTICLE XXXII TITLE VI ASSURANCES (APPENDICES A AND E MUST BE PHYSICALLY INCLUDED,

UNMODIFIED, IN ANY FEDERAL-AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.

THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.

THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL.
[Note: italic text within brackets throughout the Articles is intended for instructional purposes only]

TABLE OF CONTENTS

Page
ARTICLE I INTRODUCTION................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS.................................................................... 4 ARTICLE III STATEMENT OF WORK .................................................................................................. 4 ARTICLE IV PERFORMANCE PERIOD................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS.......................................................................... 6 ARTICLE VI TERMINATION ............................................................................................................... 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.................................. 11 ARTICLE VIII RETENTION OF RECORD/AUDITS............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES .................................................................................... 12 ARTICLE X SUBCONTRACTING ....................................................................................................... 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ........................... 15 ARTICLE XII STATE PREVAILING WAGE RATES............................................................................ 16 ARTICLE XIII CONFLICT OF INTEREST............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ...................... 20

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE.................. 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION................................................. 22 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION................. 22 ARTICLE XIX INSURANCE ................................................................................................................ 28 ARTICLE XX FUNDING REQUIREMENTS......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS .................................................................................................... 29