Local Assistance Procedures Manual Exhibit 10-R
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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
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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
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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.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin #25-07 R3
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:
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin #25-07 R3
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.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin #25-07 R3
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.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin #25-07 R3
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).
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin #25-07 R3
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
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin #25-07 R3
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.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin #25-07 R3
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.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
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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
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
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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.)
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin #25-07 R3
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);
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin #25-07 R3
• 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:
ITEM # 16
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE AGREEMENT NOS. 4533, 4534 AND 4535 WITH G3
QUALITY, THE CONVERSE PROFESSIONAL GROUP AND PA &
ASSOCIATES FOR MATERIAL TESTING AND SPECIAL INSPECTION
SERVICES
DATE: June 24, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize the City Manager to execute Professional Services Agreement No. 4533 with G3 Quality, Inc. (Attachment A) for on-call material testing and special inspection services for the not-to-exceed annual amount of one hundred thousand ($100,000); and
2. Authorize the City Manager to execute Professional Services Agreement No. 4534 with Converse Professional Group (Attachment B) for on-call material testing and special inspection services for the not-to-exceed annual amount of one hundred thousand ($100,000); and
3. Authorize the City Manager to execute Professional Services Agreement No. 4535 with PA & Associates (Attachment C) for on-call material testing and special inspection services for the not-to-exceed annual amount of seventy-five ($75,000); and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
City Council authorized staff to solicit proposals for on-call material testing and special inspection services (Request for Qualifications No. 26-04) in compliance with Federal, State and County regulations at the regularly scheduled April 8, 2026 City Council meeting. The services performed by the three (3) firms listed in the recommended actions
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 24, 2026
will be paid for from a combination of project-specific funds, typically funded through approved Capital Improvement Program (CIP) budgets. Staff will minimize and mitigate the use of General Fund appropriations and other special interest funds reserved and designated for other operational purposes.
The Fiscal Year 2026-27 proposed budget includes funding in the CIP for various projects and for various services required to complete each infrastructure project. Therefore, the recommended actions do not require a budget amendment.
Execution of a professional services agreement (PSA) is not an indication that the engineering firms will receive compensation for the intended services. It is the intent of the staff to spread the work amongst the firms and award specific projects to firms that are most suited to completing the specific type of project, while providing the City with the most flexible options to move forward with a project.
The PSAs (Attachments A, B and C) are for a period of three years (ending on June 30, 2029) and will include two optional one-year terms. The PSAs allow the City flexibility by augmenting or reducing contract staff as required without interrupting services to residents, businesses, or developers while continuing to meet service goals.
BACKGROUND/DISCUSSION:
The City routinely undertakes capital improvement projects including street rehabilitation, utility upgrades, facility renovations, and new construction. Many of these projects require third-party material testing and special inspections to verify code compliance, ensure construction quality, and protect the City’s infrastructure investment.
Material testing firms provide services such as concrete and asphalt testing, compaction testing, structural steel inspections, welding inspections, and other specialized evaluations. These services are mandated by local codes, funding agencies, and best technical practices. Project schedules fluctuate throughout the year and materials testing needs frequently arise on short notice. The City has historically relied on on-call service agreements to ensure timely access to qualified testing and inspection professionals when needed.
On April 8, 2026, the City Council authorized staff to advertise a Request for Qualifications (RFQual No. 26-04). On-call professional services agreements for specific disciplines will maximize expertise and experience and allow staff to mobilize the firms based on pre-negotiated, competitive procurement terms and conditions. This philosophy allows the congruence of City staff and consultants to find solutions in an effective and efficient manner.
The Public Works Department utilizes municipal engineering contracts to provide public works and engineering support on an as-needed basis. The City needs technical expertise in several disciplines to advance the objectives and policies of the City Council. .
RFQual No. 26-04 was published on April 9, 2026, in a newspaper of general circulation.
Engineering firms accessed the documents via PlanetBids. Proposals were electronically
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 24, 2026
submitted via PlanetBids on May 6, 2026. The following table includes the twelve professional companies that submitted their respective qualifications proposals:
Material Testing Companies
1 California Testing and Inspection
2 Caltech Labs, Inc.
3 Fenagh Engineering and Testing LLC
4 G3 Quality, Inc.
5 Geocon West, Inc.
6 Koury Engineering & Testing, Inc.
7 MTGL Inc.
8 PA & Associates
9 Smith-Emery Laboratories
10 The Converse Professional Group
11 The Quality Firm
12 Union Materials Testing, Inc.
City staff reviewed the companies’ qualifications based on their expertise and experience of the firm, its key personnel and the ability and competence of the firm to perform the work; familiarity with required Federal, State, and local standards and procedures; and capacity and quality of staff to provide resources necessary to develop and manage multiple work assignments. Based on the investigation, the staff’s recommendation is to award professional service agreements (Attachments A, B and C) to tG3 Quality, The Converse Professional Group and PA & Associates. The remaining proposals are available in the City Clerk’s Office for review.
Approval of an on-call professional services agreement for material testing and special inspections involves no physical construction and does not authorize any activity that could result in a direct or reasonably foreseeable physical change in the environment.
Therefore, the action is not a project under CEQA (PRC § 21065; CEQA Guidelines § 15378(b)(2), (5)).
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend City Council authorize the City Manager to execute Professional Services Agreement Nos. 4533, 4534 and 4535 with G3 Quality, Inc., The Converse Professional Group, and PA & Associates for on-call material testing and special inspection services, respectively, funded through a combination of local and special
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 24, 2026
revenue funds.
ATTACHMENT(S)
1. Attachment A - Agreement No. 4534 - G3 Quality, Inc.
2. Attachment B - Agreement No. 4534 - Converse Professional Group
3. Attachment C - Agreement No. 4535 - P.A. Associates, Inc.
CITY OF MONTEBELLO’S ON-CALL BENCHLIST
PROFESSIONAL SERVICES AGREEMENT NO. 4534
FOR ARCHITECTURAL AND ENGINEERING SERVICES WITH
G3 QUALITY, INC. (RFQual No. 26-04)
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 G3 QUALITY, INC., a California corporation (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individually as the “Party” and jointly as the “Parties” .
RECITALS
WHEREAS, the CITY desires to retain a qualified professional to provide architectural and engineering professional 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 Qualifications dated April 9, 2026 (“RFQual No. 26-04”) 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 is comprised of Sections 1 through 31, and its various exhibits.
Attachment A
b. RFQual No. 26-04, attached hereto as Exhibit “A”.
c. The CONSULTANT’S Proposal to RFQual No. 26-04, attached hereto as Exhibit “B”.
d. Local Assistance Procedures Manual (LAPM) Exhibit 10-R, 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 RFQual No. 26-04 and CONSULTANT’s Proposal, attached hereto as Exhibits “A and B” and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. The CONSULTANT shall provide those services that are set forth in Exhibits A and B solely on an as-needed basis subject to the CITY’s authorization of specific work assignments through executed task orders.
C. Once authorized by the CITY, the CONSULTANT shall complete those services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.
D. Once authorized by the CITY to commence work on specific work assignments, CONSULTANT shall be compensated in an annual allocation amount not-to-exceed One Hundred Thousand Dollars ($100,000) (the “Compensation”) for the performance of the Scope of Services as set forth in Exhibit “A”. 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.
E. The CITY will be invoiced upon completion of the Scope of Services. Payment in full of an invoice must be received by the CONSULTANT within thirty (30) days of the date of such invoice.
F. 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.
G. 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 such 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 the 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 its respective task order signed and issued by the CITY. 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 (1) to determine if the CONSULTANT is performing to expectations or is on schedule; (2) to provide communication of interim findings; and (3) 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 products 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 the 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 “nonrefundable” 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 or to the CONSULTANT’s employees or 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 the 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 its 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 CalPERS or by a court of competent jurisdiction 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 the 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 the 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 the 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 indemnify, defend, 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 the 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 (nonowned), 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 $2,000,000 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 provided to CITY via 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 policies of insurance 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, defend, and hold harmless under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT, OR DELEGATION.
The CONSULTANT shall not subcontract, assign , or delegate its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, assignment, or delegation shall provide a description of the services to be covered, identification of the proposed subconsultant, assignee , or delegee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, assignment, or delegation 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, subconsultants, assignees, or delegees. No such subcontract, assignment, or delegation 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 the 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
Phone: (323) 887-1200
If to the CONSULTANT: G3 Quality, Inc.
Attn: Beth K. Rautiola
1900 Main Street, Suite 700
Irvine, CA 92614
Phone: (562) 321-8028
Email: [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, subconsultant, 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 subconsultant and applicants are employed, and that employees are treated fairly 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 the 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, its 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, Federal Highway Association (“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, its 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 federal, state, 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 Form-LLL, “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 articles. 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 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. 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 the CITY. 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 remain 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 G3 QUALITY, INC.
Raul Alvarez, City Manager Chris C. Gerber, CEO
Date: Date:
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS
• Exhibit A – RFQual No. 26-04
• Exhibit B – Consultant’s Proposal to RFQual No. 26-04 • Exhibit C – LAPM Exhibit 10-R, Appendices A and E
EXHIBIT ‘A’
RFQUAL NO. 26-04
CITY OF MONTEBELLO
REQUEST FOR QUALIFICATIONS (RFQual)
Material Testing & Special Inspection Services
RFQual No. 26-04
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.................................................................................................... 4 Proposed Scope of Work/Statement of Work.......................................................................... 4 Submissions.............................................................................................................................. 5 RFQual Timeline........................................................................................................................ 5 Non-Commitment of City .......................................................................................................... 7 Responsibility of Costs............................................................................................................. 7 Appendix A – Proposal Format and Content...........................................................................8 Appendix B – Evaluation Criteria ...........................................................................................11 Appendix C – Reference Sheet………………………………………………………………………13 Appendix D – Professional Services Agreement Template…………………………………….14
City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection 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 Material Testing & Special Inspection 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 from qualified consulting firms to provide material testing and special inspection services related to the City’s Capital Improvement Program and other City projects. Material testing is essential for ensuring the quality and safety of asphalt and concrete used in construction. It helps verify that the materials meet standards for strength, durability, and performance, safeguarding lives, and investments. Testing is performed both on-site and, in a laboratory, with common materials tested including concrete, steel, and asphalt. Specialized equipment and recognized standards are used to conduct these tests, ensuring accurate and reliable results. The City intends to establish a bench of up to two (2) consultants to provide Material Testing & Special Inspection Services on an on-call, 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.) .
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. 26-04 Materials Testing & Special Inspection Services 4 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 Material Testing & Special Inspection 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 Materials Testing and Special Inspection Services. The City requires OnCall Materials Testing and Special Inspection Services for grading, asphalt paving, concrete work, installation of sewer and storm drainage pipes, and other public works construction projects, integrity/structural testing of existing infrastructure, and other related work. Duties include, though are not limited to:
• Laboratory testing of soils, aggregate, rubberized-asphalt, micro surfacing, asphalt concrete, controlled low strength material, Portland cement concrete, structural steel and other construction materials.
• Field testing of soils, aggregate, rubberized asphalt, chip seal, micro surfacing, asphalt concrete, Portland cement concrete and other construction materials • Special inspections in accordance with Section 17 of the California Building Code. • Other services, including asphalt and concrete mix design review, batch plant inspection, project documentation, technical support, laboratory reports, field logs, final reports, affidavits and additional services as required.
City performs public works projects that may be funded by Federal, State, County and other governmental agency’s grant funds. Consultants assist the City comply with Federal/State/County/Local requirements (as applicable and in effect at the time of the grant) including, though not limited to mandated standards for construction plans, specifications and estimates.
City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 5 The services will be on an “as-needed” basis, and the scope of the services will be determined when such services are requested via a Request for Services (RFS) basis. A separate fee proposal will be required for each RFS. Contracts will be awarded based on the City’s anticipated needs and the relative skills and experience of respondents in the various identified areas of need.
Consultants must be familiar with Caltrans material testing requirements:
Caltrans has established specific requirements for material testing to ensure compliance with contract specifications and safety standards. These requirements include:
• Sampling and Testing: Materials must be sampled and tested in accordance with contract specifications. This involves notifying the resident engineer of the need for inspection and acceptance testing of manufactured materials and products. • Acceptance Methods: Acceptance methods include source inspection and testing, manufacturer certificate of compliance, and field release of material. The chain of custody for material and product acceptance samples is crucial for Caltrans' quality assurance program.
• Material Acceptance: Acceptance sampling and testing requirements vary depending on the section of the specifications the material falls under. For example, Section 6-1.04 of the specifications provides detailed information on Buy America requirements. • Field Tests: Field tests must be performed in accordance with guidelines provided in the chapter. Maintaining a record of field tests and material inspected and released on the job is essential.
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.
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 of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 6 • 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. 26-04 Materials Testing & Special Inspection Services 7 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. 26-04 Materials Testing & Special Inspection Services 8 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. 26-04 Materials Testing & Special Inspection Services 9 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. 26-04 Materials Testing & Special Inspection Services 10 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. 26-04 Materials Testing & Special Inspection Services 11 Appendix B – Evaluation Criteria
***PLEASE REVIEW BEFORE SUBMITTING YOUR RESPONSE***
Through this RFQual No. 26-04 process, the City will identify a qualified pool of at least three (3) Consultants (“Short List of Respondents”) for the Materials Testing & Special Inspection 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. 26-04 Materials Testing & Special Inspection Services 12 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 Materials Testing & Special
Inspection 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 Materials Testing & Special Inspection 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. 26-04 Materials Testing & Special Inspection Services 13 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. 26-04 Materials Testing & Special Inspection Services 14 Appendix D – Professional Services Agreement Template
EXHIBIT ‘B’
G3 QUALITY, INC.
PREPARED FOR:
City of Montebello
Public Works Department
1600 West Beverly Boulevard
Montebello, California 90640
MATERIAL TESTING
AND SPECIAL
INSPECTION
SERVICES
RFQual No. 26-04
Response to Request for
Qualifi cations to Provide
May 6, 2026
TABLE OF CONTENTS
Section 1: Letter of Interest
Section 2: Project Understanding and Approach 1
Project Understanding 1
Project Approach 1
Section 3: Experience 2
Section 4: Subconsultant Information 5
Section 5: Scope 6
Construction Inspection Services 6
Laboratory Testing 7
Technical Recommendations 7
Deliverables 8
Section 6: Confl ict of Interest 9
Section 7: Cost Proposal 10
Section 8: References and Resumes 18
Section 9: Comments on PSA Templates 27
Section 10: Additional Attachments 28
SECTION 1
Letter of Interest
1
13850 Cerritos Corporate Drive, Suite E, Cerritos, California 90703 l Office: 562.321.9840 l www.g3quality.com May 6, 2026 Proposal No. 6190
Vanessa Ramos, Administrative Manager
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
Subject: Request for Qualifications for Material Testing and Special Inspection Services, RFQual No. 26-04
Dear Ms. Ramos:
When the need for experienced players to support the City of Montebello’s new and ongoing projects arises, G3 Quality, Inc. (G3) is proud to offer the right team, experience, and resources to support the City of Montebello in Material Testing and Special Inspection. G3 is a California-based Quality Management, Pavement Engineering, Inspection and Materials Testing certified Small Business with more than 25 years of experience serving municipalities and public works agencies.
We recognize that consistency, prompt communication, and a strong understanding of the local area are essential to effectively serving a city as vibrant and diverse as Montebello. Our commitment to these values ensures we can address the unique needs of your multicultural community with responsiveness and care. Our team, comprised of G3 and our trusted partner, ZT Consulting, has extensive experience providing on-call materials testing and special inspection services, including for the Cities of Pico Rivera, Anaheim, Downey, and Moreno Valley. G3 is able to provide a proposed schedule to meet City’s needs as projects are assigned. We are committed to providing responsive, accurate testing and inspection services that help the City deliver safe, high-quality projects. G3 is available to support the City immediately upon award throughout the term of the agreement, including on-call and scheduled assignments as needed.
Right Team Experience. G3’s engineers, technical experts, and multi-certified inspectors are ready to support the City. Our team will be led by Dr. Qiang Li, PE, a California Registered Engineer with deep expertise in geotechnical and pavement engineering, construction inspection, and non-destructive testing for government agencies. He will work with Jordan Roper, PE, as Quality Program Manager, providing leadership and continuity for City staff.
Through our partnership with ZTC, we further strengthen our capabilities to deliver source inspection services. This collaborative approach allows us to provide pavement evaluation, construction materials testing, development review, and geotechnical investigation and reporting services, addressing all elements of the requested Section 3 Scope.
Technologically Advanced Approach. In addition to inspection services, G3 can provide pavement evaluation services and materials testing for municipalities and transportation agencies across California. With deep technical expertise in hot mix asphalt, cementtreated bases and subgrades, concrete pavements, and preservation treatments, we support informed decision-making from initial investigation through construction. Our advanced data-collection and reporting systems allow our teams to deliver real-time field results and compliance documentation, enabling proactive communication, rapid issue resolution, and efficient project delivery. This combination of technical pavement knowledge, responsive service, and transparent reporting allows us to serve as a trusted partner to the City of Montebello in successfully planning, evaluating, and implementing pavement improvements.
Extensive Resources. With offices and accredited laboratories located in Cerritos and Redlands, and additional facilities in Bakersfield and Sacramento, G3 provides the staff, resources, and geographic coverage necessary to reliably support the City of Montebello.
In partnership with ZTC, our combined team offers expanded regional resources and capacity, ensuring responsive service and dependable support for on-call assignments. G3’s laboratories are accredited by Caltrans and AASHTO Resource for Quality Management Systems, including R-18, ASTM D3666, C1077, D3740, and E29.
We are in receipt of and acknowledge Addendum A. We look forward to partnering with the City of Montebello to deliver our services. Should you have questions or need more information, please contact Dr. Li directly at 562.321.8028 or [email protected]. We look forward to the opportunity.
Best Regards,
G3 Quality, Inc.
Chris C. Gerber Qiang Li, PE, PhD
Chief Executive Officer Project Manager
SBE Certified Number: 1753245 | DIR Registration Number: 1000005181
SECTION 2
Project Understanding and
Approach
2
1 PROJECT UNDERSTANDING 2
AND APPROACH
PROJECT UNDERSTANDING
G3 Quality, Inc. (G3) understands that the City of Montebello is soliciting SOQs for on-call materials testing and special inspection services, supporting projects as needed through an RFS process and separate fee proposals. We further understand that the scope of work includes supporting public works projects and ensuring compliance with plans, specifi cations, and regulations. Our team will provide laboratory and fi eld testing of soils, aggregates, asphalt, concrete, steel, and other materials, along with special inspections per Section 17 of the California Building Code. Services also include mix design review, plant inspection, and reporting to ensure quality and accountability.
G3 is experienced with federal, state, and local requirements and Caltrans QA program, including proper sampling, documentation, and coordination with the Resident Engineer. We off er fl exible, on-call services with rapid mobilization while maintaining quality and schedule.
PROJECT APPROACH
G3 is well-versed in handling various task orders under an on-call contract and is also familiar with the proposal process for such contracts. Drawing from our experience, we anticipate tasks progressing as outlined in the graphic below. In our experience, typically, a City representative would formally request services from G3, providing a brief description of the project’s scope, size, and required services along with a set of plans and specifi cations for review. If the City has not yet developed plans and specifi cations for the project, we would collaborate with them to propose innovative and sustainable treatment approaches tailored to the specifi c project.
The City
solicits a
proposal from
the on-call
list based on
scope of work
and funding
requirements.
G3 Project
Manager
reviews plans
and specifi - cations and
prepares
proposal.
1 Proposal
Solicitation Project Reporting
• G3 inspectors and
technicians report
results to City
representatives during
and after of each shift.
• Field and laboratory
test results will be
compiled and submitted
by the G3 PM.
• A monthly summary
report will also be
submitted during the
course of the project, if
requested.
• A fi nal report detailing
a summary of each
fi eld and laboratory test
will be submitted at the
project completion.
5 Project
Award and
Intro Meeting
The City
selects G3
and issues
a Notice to
Proceed. G3
PM meets
with the City
to discuss the
testing plan,
standards,
and
expectations
to ensure that
all aspects of
the project
requirements
are covered.
2 PreConstruction
Meeting
3 The G3 PM
will attend
the meeting
to discuss
the schedule.
During this
meeting,
the G3 PM
will defi ne
our role and
responsibilities.
across the
project
lifespan.
Once the
project
has been
completed,
the G3 PM
and the City
will meet.
During this
time, both
parties elicit
feedback,
talk about
lessons
learned,
and discuss
future work.
Project
Closeout
4 Construction
Services
Through our
understanding
of the project
and preplanning
meetings G3
will dispatch
qualifi ed
inspectors/
technicians
to provide
the required
services.
Laboratory
testing will be
performed by
our accredited
lab in a timely
manner.
Figure 1: Overall Project Approach
SECTION 3
Experience
3
2 3 EXPERIENCE
On-Call Materials Testing, Deputy Inspection, and
Environmental Engineering & Science Services,
Anaheim, California
Owner/Client: City of Anaheim
The City of Anaheim
awarded G3 an on-call
contract to support
various activities for
the construction of
capital improvement
projects. The scope includes soil testing and inspection, geotechnical engineering, certifi ed deputy building inspection, materials testing, and environmental engineering and science services. G3 is successfully delivering services by utilizing multi-certifi ed technicians who are local to the project. Additionally, our accredited laboratory, staff ed with certifi ed materials testing personnel, will locally support Field Quality Assurance operations. Under this on-call contract, we are currently providing services for the following projects:
Platinum Triangle 12KV Line Extension Project Phase II RCP2022-19700 – With a construction cost of $17,505,120, the project involves installing new 12kV underground substructures and electrical equipment along Gene Autry Way, State College Boulevard, Katella Avenue, and Douglas Road. This project is part of APU’s Capital Improvement Program, aimed at enhancing electric service reliability and capacity in these areas. G3 is providing geotechnical testing and inspection services for soils, aggregate base, asphalt concrete, and Portland cement concrete, providing material testing services in accordance with Anaheim’s Quality Assurance Program (QAP).
Orangethorpe Rehab State College to Placentia – With a construction cost of $4.1 million, the Orangethorpe Avenue Infrastructure Improvements Project includes the reconstruction of asphalt concrete pavement and its underlying base layer, upgrades to ADA curb ramps and driveways, and the installation of signage, striping, and other related elements along Orangethorpe Avenue, from State College Boulevard to Placentia Avenue. G3 is providing Quality Assurance technical consulting, inspection, materials sampling, and testing services on an as-needed basis, including soil and aggregate inspection and compaction testing, Portland concrete and asphalt concrete inspection and testing, laboratory testing of materials, and daily inspection or material testing reports.
Installation of Protected Permissive Left-Turn Signal Phasing at Three Intersections – With a construction cost of $600,000, this project involves upgrading three existing traffi c signals to improve left-turn phasing operations and enhance overall intersection safety and effi ciency. The scope includes installation of new traffi c signal poles and foundations, signal heads, controllers and cabinets, conduits, pull boxes, conductors, and accessible pedestrian signals. Additional improvements include traffi c signage, removal and reconstruction of ADA-compliant access ramps, concrete sidewalks, and all other associated work required to complete the improvements in accordance with the contract documents. G3 is providing Quality Assurance technical consulting, inspection, materials sampling, and testing services on an as-needed basis. Our scope includes soil and aggregate inspection with compaction testing, Portland cement concrete inspection, sampling and testing, both fi eld and laboratory testing for soils and concrete, and the delivery of daily inspection and material testing reports for each day our team is on-site.
DURATION: 2024 to Current
REFERENCE:
Jose Cortez, Construction Services Division
714.765.5039 | [email protected]
City of Montebello
Request for Qualifi cations/Statement of Qualifi cations 3 On-Call Professional Consultant Material Testing,
Geotechnical and Deputy Field Inspection Services,
Moreno Valley, California
Owner/Client: City of Moreno Valley
The City of Moreno
Valley awarded G3
an on-call contract
to support various
activities for the
construction of capital improvement projects. The scope includes geotechnical investigation and design, pavement evaluation and design and geotechnical observation and testing. G3 is successfully delivering services by utilizing multi-certifi ed technicians and our accredited laboratory, staff ed with certifi ed materials testing personnel. Under this on-call contract, we are currently providing services for the following projects:
Senior Center Expansion: This project expands the Moreno Valley Senior Center on Fir Avenue by approximately 4,000 square feet, including a new patio cover at the northwest corner and ADA upgrades to existing facilities. Additional work includes parking lot and landscape modifi cations. Scope includes demolition, grading, foundation work, CMU wall and slab construction, structural steel, patio installation, plumbing, electrical, mechanical, glazing, fi re protection, doors and hardware, drywall, painting, fl ooring, and fi nishes. Site work covers excavation, utility connections (water, sewer, gas, etc.), irrigation, landscaping, and hardscape improvements. G3 is providing quality assurance consulting, inspection, and materials testing services on an as-needed basis for subgrade, foundation backfi ll, aggregate base, HMA, concrete, and welding.
Moreno Beach Drive Line Extension from Cactus Avenue to John F. Kennedy Drive: The Beach Drive Line Extension project, located between Cactus Avenue and John F. Kennedy Drive, involves the installation of a new electric line extension. The scope of work includes trenching for new cable, tie-in conduits, and the installation of substructures to support the extended electric line. G3 is providing observation and testing services for trench backfi ll, subgrade preparation and compaction, aggregate base placement, and hot mix asphalt (HMA) paving. Additionally, we are performing compaction testing on subgrade soils and base materials in support of any required concrete construction.
Nason Street Loop Tie from Iris Avenue to Cactus Avenue: The Nason Street Loop Tie project involves the installation of a new electric line extension along Nason Street, from Iris Avenue to Cactus Avenue. Work includes trenching for new cable installation, tie-in of conduits, and the construction of supporting substructures. G3 Quality is providing Quality Assurance consulting, inspection, materials sampling, and testing services on an as-needed basis throughout the project.
Our scope of services includes attending the pre-construction meeting, coordinating with the project team during construction, and supporting the City Inspector with observation and testing of key construction activities. These activities include trench backfi ll, subgrade preparation and compaction, aggregate base placement and compaction, and asphalt concrete pavement placement.
DURATION: 2022 to Present
REFERENCE:
Manny Ruiz, Senior Engineer
951.413.3243 | [email protected]
City of Montebello
Request for Qualifi cations/Statement of Qualifi cations 4 As-Needed Annual Materials Engineering, Pavement
Inspection, and Materials Testing, Los Angeles, California Owner/Client: Los Angeles County Department of Public Works The mission of the
LADPW is to provide
public infrastructure
and municipal services
to protect and enrich
the daily lives of over ten million people in Los Angeles County. G3 is under contract to provide as-needed materials testing, pavement mix design, and inspection services at various locations in Los Angeles County. The service locations are divided into two geographical areas: the LA Basin and North County. The general objective of this on-call contract is to evaluate pavement assets and provide the best, cost eff ective geotechnical and materials design and quality assurance inspection and testing services on a variety of projects under this contract.
Our overall services capabilities have included mix design consultation and specialty fi eld and laboratory services, such as surface skid resistance with the California Portable Skid Tester, gamma-gamma logging and crosshole sonic logging, and microsurfacing emulsion (MSE) testing. Specifi cally, G3 has provided consultation services for the LA County “Cool Pavements” pilot program. This has consisted of pre-placement tasks such as document review, site pavement evaluation, pre-placement laboratory testing, and derivation of cool pavement performance evaluation criteria.
G3’s services were carried out through construction, consisting of placement inspection and testing during cool pavement application; and pavement evaluation after placement consisting of fi eld testing, evaluation reporting, and fi nal specifi cation preparation. The Project Specifi cations that G3 developed for this project has been adopted by LACDPW as standards to use on all other Cool Pavement projects.
DURATION: 2017 to Present
REFERENCE:
Erik Villa, Civil Engineer
626.458.7938 | [email protected]
4 p j
SECTION 4
Subconsultant Information
4
5 4 SUBCONSULTANT
INFORMATION
SUBCONSULTANT INFORMATION
G3 will partner with the following sub-consultant to support source inspection services for this project:
ZT Consulting
1041 E. Green Street, Suite 204
Pasadena, California 91106
ZTC Consulting is a SBE (Small Business Enterprise) and a LSBE (Local Small Business Enterprise) within the County of Los Angeles. A copy of their LSBE certifi cation has been provided in Section 10, Additional Attachments.
Contact: Farzad Tasbihgoo, PhD, PE, CQA, CWI, PCI III – Principal Engineer Phone: 818.929.8162
If awarded, G3 understands that the City will require written approval prior to the performance of any services by the above-listed sub-consultant.
SECTION 5
Proposed Scope of Services
5
6 5 PROPOSED SCOPE OF
SERVICES
Below we have provided a detailed scope of services refl ecting the methods and procedures our team intends to utilize to provide the required services. All work and services provided by G3 will comply with all pertinent local, state, and Federal laws and regulations. G3 is legally able to perform services for Federal and State funded projects.
CONSTRUCTION INSPECTION SERVICES
G3’s approach to providing Construction Inspection Services prioritizes ensuring the City’s Capital Improvement and other projects are delivered with exceptional quality, within budget, and on schedule. Our experienced personnel, combined with a streamlined approach, guarantees seamless coordination with the on-site Construction Inspector and all key stakeholders, including City staff , project management teams, and contractors.
G3 will attend preconstruction meetings with the contractor, design team, consultants, and City representatives. These meetings will set the foundation for eff ective collaboration, defi ne roles and responsibilities, clarify communication channels, and establish clear project procedures. By aligning all participants from the outset, we ensure a shared understanding of expectations and project goals.
We will work closely with the City and contractor to review and align the schedule for inspection and material testing, ensuring full integration with project timelines and procurement processes. This proactive approach helps prevent delays and ensures smooth project execution.
Our inspection team will conduct thorough assessments of the contractor’s materials and methods of construction to ensure compliance with project specifi cations and contract requirements. Daily site inspections will be performed to monitor quality, address any workmanship issues, and ensure all materials meet required standards. G3 will provide inspections for soil, aggregate, concrete, and asphalt, as well as special inspections performed by qualifi ed and certifi ed inspectors as per code and City specifi cations. Our comprehensive services ensure all materials and methods used are in full compliance with regulatory standards. Our professional laboratory testing services will comply with all relevant regulatory requirements, ensuring accurate and reliable results. We will perform all necessary tests to verify compliance with project specifi cations, safeguarding the quality of the materials used throughout the project.
Special inspections will be performed in accordance with Section 17 of the California Building Code, ensuring that all critical structural elements and life-safety components are inspected by certifi ed personnel. G3 will coordinate closely with the design team, contractor, and City to identify required special inspection items, maintain proper documentation, and ensure timely reporting. All special inspection reports will be submitted in compliance with jurisdictional requirements, providing clear verifi cation that the work conforms to approved plans, specifi cations, and applicable code provisions.
Additionally, our certifi ed team will perform batch plant inspections while our partner, ZTC will perform source structural steel inspection, reinforcing steel testing, and NDT. Their inspectors are experienced in special inspections, ensuring that all work is performed in accordance with plans, specifi cations, codes, and contract requirements. They perform ICC-certifi ed construction inspection and special inspection services with an emphasis on reinforcing steel and structural steel, including tension testing of all sizes and tension coupon testing. In addition, their ISO/IEC 17025 accredited laboratory provides reliable, standards-based material testing to validate compliance with ASTM, CTM, and industry requirements.
ZTC’s material testing and fi eld services include anchor pull tests, bolt torque tests, liquid penetrant testing (Level II), magnetic particle testing (Level II), ultrasonic testing at Levels II and III, and radiographic examination.
G3 will coordinate with City staff and inspectors from other agencies to ensure all work is executed in line with the project’s plans and specifi cations. Our team will maintain constant communication with relevant parties, addressing any discrepancies and ensuring alignment across the entire project team.
G3 will prepare monthly reports as needed, addressing any quality, cost, or schedule concerns. These
City of Montebello
Request for Qualifi cations/Statement of Qualifi cations 7 reports will keep all stakeholders informed on the project’s progress and help identify and resolve any emerging issues before they impact the project.
Upon completion of the project, G3 will provide a comprehensive fi nal report, which includes all testing results, daily inspection reports, and any other relevant documentation. This ensures the City has a complete record for fi nal project review and archival purposes. G3’s approach focuses on thorough coordination, diligent oversight, and proactive communication to guarantee project success.
We are committed to delivering high-quality inspection and testing services that will ensure the successful completion of your project, while maintaining strict adherence to all project specifi cations, regulations, and timelines.
LABORATORY TESTING
Our G3 laboratory service off erings include the testing of soil, aggregate, concrete, and asphalt mixture. Our laboratory is a participant in the Caltrans Independent Assurance Program and approved to perform testing on State Federal and Highway construction projects and possess certifi cations in AASHTO. We will test materials as necessary, according to the project plans, specifi cations, and the City of Montebello’s Quality Assurance Programs.
During construction, our fi eld inspector will meet each shift with the City’s representative to discuss the day’s operations. Each inspector utilizes electronic reporting systems to notify each other of any issues in real time. Materials will be sampled at the established sampling frequencies per the required code and standards and the City’s established Quality Assurance Program and tested at our laboratory facility. Should a non-compliant issue arise, the inspectors will notify our Project Manager, Dr. Qiang Li, PE and the City representative in a timely manner.
The test results for each material will be processed into a standard report format and sent to the City’s Project Manager in the timeline established in the City of Montebello and Caltrans Quality Assurance Programs. A summary of all acceptance testing will be maintained and updated throughout the project. The summary will include: the date, test method, location, test result, specifi cation limit, and action taken if the result has failed.
TECHNICAL RECOMMENDATIONS
G3 off ers extensive expertise across a wide range of materials and construction processes, including soil, aggregate, earthwork, concrete, and asphalt concrete. Our team is fully equipped to support every phase of project development, from initial design through to rehabilitation,ensuring that each element is optimized for durability, performance, and long-term success.
We specialize in evaluating the condition of existing materials and providing tailored recommendations for both new designs and improvements. Whether it involves designing soil stabilization techniques, recommending aggregate base specifi cations, or reviewing and selecting the best concrete and asphalt mix designs, we are committed to enhancing material strength, durability, and overall project performance.
Additionally, our expertise includes pavement rehabilitation and preservation strategies. We provide tailored recommendations for solutions such as full-depth reclamation (FDR), microsurfacing, chip sealing, and overlays, all designed to extend the pavement’s lifespan and reduce long-term maintenance costs. By leveraging our deep knowledge of material properties and industry-leading technologies, G3 delivers comprehensive solutions that are customized to meet the unique needs of your project. Our goal is to ensure a high-quality outcome while enhancing the longevity and effi ciency of the infrastructure.
City of Montebello
Request for Qualifi cations/Statement of Qualifi cations 8 DELIVERABLES
G3 understands that communication is a key component to providing high quality project reporting deliverables and ensuring project eff ectiveness. We value clear communication throughout each project lifecycle, which includes:
• Results for daily shifts are provided directly to City representatives by G3 inspectors and technicians during and at the end of each shift detailing the construction activities for the day, limits of construction, testing conducted, and any non compliances. Field and laboratory test results are compiled and submitted daily by the G3 Project Manager, Qiang Li, PE, PhD. • A monthly summary report may also be submitted during the course of the project, if requested.
• A fi nal report detailing a summary of each fi eld and laboratory test which will be submitted at the project completion.
• Project budget tracking and management to ensure the project stays within the not-toexceed budget. 8
SECTION 6
Confl ict of Interest
6
9 6 CONFLICT OF INTEREST
CONFLICT OF INTEREST
G3 Quality, Inc. (G3) confi rms that neither our fi rm nor ZTC have fi nancial, business, or other relationships with the City of Montebello that may have an impact on the outcome of this contract or any resulting construction project.
We further certify that neither G3 nor ZTC currently represent any clients, vendors, developers, or contractors that may have a fi nancial interest in the outcome of this contract. Additionally, we affi rms that no City employee or offi cial have a material fi nancial interest in the company, and no confl ict of interest, actual or perceived, exists that would impair the objectivity or integrity of the services provided under this RFQ.
We are committed to full transparency and ethical business conduct. Should any potential confl ict arise during the course of this contract, we will promptly disclose such information to the City and take all necessary actions to resolve it in accordance with applicable laws and the City’s contract provisions.
This statement is submitted in accordance with Section 6 of the RFQual concerning Confl icts of Interest.
SECTION 7
Cost Proposal
7
10 7 COST PROPOSAL
G3’s hourly rate schedule covering the next five years is provided on the following pages. In addition, ZT Consulting’s hourly rates are available upon request and will be applied as needed.
2026 2027 2028 2029 2030
Principal / Project Director $365.00 $380.00 $396.00 $412.00 $429.00 Registered Engineer $277.00 $289.00 $301.00 $314.00 $327.00 Quality Program Manager $265.00 $276.00 $288.00 $300.00 $312.00 Project Technical Advisor $250.00 $260.00 $271.00 $282.00 $294.00 Project Manager $235.00 $245.00 $255.00 $266.00 $277.00 Staff Engineer $150.00 $156.00 $163.00 $170.00 $177.00
Laboratory Manager $190.00 $198.00 $206.00 $215.00 $224.00 Laboratory Technician $135.00 $141.00 $147.00 $153.00 $160.00 Administrative $71.00 $74.00 $77.00 $81.00 $85.00
2026 2027 2028 2029 2030
Quality Control Manager $190.00 $198.00 $206.00 $215.00 $224.00 Public Works Inspector $173.00 $180.00 $188.00 $196.00 $204.00 ICC Soils Inspector/Grading Inspector/LA Deputy $175.00 $182.00 $190.00 $198.00 $206.00 ICC Structural Concrete/Masonry Inspector $175.00 $182.00 $190.00 $198.00 $206.00 Roadway Inspector $173.00 $180.00 $188.00 $196.00 $204.00 Structures Inspector $178.00 $186.00 $194.00 $202.00 $211.00 HMA / Concrete Batch Plant Inspector $169.00 $176.00 $184.00 $192.00 $200.00 Source Materials Fabrication Inspector $173.00 $180.00 $188.00 $196.00 $204.00 Quality Assurance / Quality Control Technician $169.00 $176.00 $184.00 $192.00 $200.00 AWS Certified Welding Inspector $173.00 $180.00 $188.00 $196.00 $204.00 NDE Inspection (ASNT, NDT, UT/MT/PT) $189.00 $197.00 $205.00 $214.00 $223.00 Coating Inspection (NACE II) $184.00 $192.00 $200.00 $208.00 $217.00 2026 2027 2028 2029 2030
Monthly Certified Payroll Report $165 $172.00 $179.00 $187.00 $195.00 Monthly Technology Fee $50.00 $52.00 $55.00 $58.00 $61.00 Final Geotechnical or Design Report Replicate Copy $295.00 $307.00 $320.00 $333.00 $347.00 Overnight Mail (cost plus 15%) 15% 15% 15% 15% 15%
Professional Staff Rates
Per Hour Unless Otherwise Noted
Engineering and Consulting
Classification Rate
Field Inspection and Technician Services
Office Administrative Fees
Rate
Classification Rate
Classification
2026 2027 2028 2029 2030
Air Meter $42.00 $44.00 $46.00 $48.00 $50.00
Drilling/Sampling Equipment
Nuclear Gauge (per hour) $10.00 $11.00 $12.00 $13.00 $14.00 Concrete/Asphalt Coring Equipment $599.00 $623.00 $648.00 $674.00 $701.00 Ground penetrating radar
Magnetic Imaging Technology Scanner (MIT dowel bar Scanner) (per hour) $225.00 $234.00 $244.00 $254.00 $265.00
Pavement Inertial Profiling truck (per hour)
Field Truck $135.00 $141.00 $147.00 $153.00 $160.00
Caltrans Rapid Strength Concrete Testing Mobile Laboratory $275.00 $286.00 $298.00 $310.00 $323.00 Onsite Project Mobile Laboratory
Remote Project Subsistence
Travel Time (billed Portal to Portal at hourly billing rate of the individual)
Overtime and Saturday Rate
Double-time, Sunday and Holiday Rate
Less than 12 Hour Notice Scheduling Surcharge
2026 2027 2028 2029 2030
Sample Pick-Up Trip (within 100 miles of closest G3 Laboratory Flat Rate) $235.00 $245.00 $255.00 $266.00 $277.00
Saturday or Sunday Sample Pick-Up Trip (within 100 miles of closest G3 Laboratory Flat Rate) $355.00 $370.00 $385.00 $401.00 $418.00 Classification
Same Day Service (dependent on availability)
1 Day Turnaround
2 Day Turnaround
3 Day Turnaround
4 Day Turnaround
100%
80%
60%
40%
25%
Laboratory Sample Handling
Per Hour Unless Otherwise Noted
Sample Pick-Up
Rush Charges for Laboratory Services
Note: Available for Certain Tests at the Following Premiums Above List Price Classification Rate
By quote
By quote
Rate
Per Day Unless Otherwise Noted
Equipment Usage
Travel and Miscellaneous
Equipment/Vehicle
Classification Rate
By quote
By quote
1.5x Hourly Rate
2.0x Hourly Rate
Standard Rate plus 50%
By quote
By quote
2026 2027 2028 2029 2030
Coefficient of Thermal Expansion AASHTO T-336 5000 $795.00 $827.00 $861.00 $896.00 $932.00 Core Compression (including trimming) ASTM C42/C39 5001 $108.00 $113.00 $118.00 $123.00 $128.00 Cylinder: Compression Strength - 6" x 12" or 4" x 8" ASTM C39, CTM 521, AASHTO T22 5002 $52.00 $55.00 $58.00 $61.00 $64.00
Cylinder: Tested out of Sequence - 6" x 12" or 4" x 8" ASTM C39, CTM 521, AASHTO T22 5003 $56.00 $59.00 $62.00 $65.00 $68.00
Density, Absorption, and Voids in Hardened Concrete ASTM C642 5004 $441.00 $459.00 $478.00 $498.00 $518.00 Flexural Beams Not Exceeding Ref. Size of 6"x6"x18"
ASTM C78, CTM 523,
AASHTO T97, ASTM
C1609
5005 $95.00 $99.00 $103.00 $108.00 $113.00
Modulus of Elasticity Test ASTM C469 5006 $256.00 $267.00 $278.00 $290.00 $302.00 Splitting Tensile Strength: Cylinders ASTM C496 5007 $126.00 $132.00 $138.00 $144.00 $150.00 Measuring Thickness of Concrete Elements Using Drilled
Cores (Per Core) ASTM C174 / CTM 531 5011 $57.00 $60.00 $63.00 $66.00 $69.00 Drying Shrinkage (28 Days), 5 Readings up to 28 Dry Days AASHTO T160 / ASTM C157 Modified 5009 $668.00 $695.00 $723.00 $752.00 $783.00 Additional Reading, Per Set of Three Bars AASHTO T160 / ASTM C157 Modified 5009.1 $69.00 $72.00 $75.00 $78.00 $82.00 Storage over Ninety (90) Days, Per Set of Three
Bars, Per Month
AASHTO T160 / ASTM
C157 Modified 5009.2 $40.00 $42.00 $44.00 $46.00 $48.00 Nuclear Hot Concrete Test SPM-5.28.14 5012 By Quote By Quote By Quote By Quote By Quote Measurements of Solids in Water ASTM C1603 5013 $170.00 $177.00 $185.00 $193.00 $201.00 2026 2027 2028 2029 2030
Coring of Test Panels in Lab (Each) 5100 $73.00 $76.00 $80.00 $84.00 $88.00 Diamond Sawing of Cores or Cylinders (Each) 5101 $49.00 $51.00 $54.00 $57.00 $60.00 2026 2027 2028 2029 2030
Concrete Laboratory Trial Batch ASTM C192 5200
Concrete Laboratory Mix Study ASTM C192 5201
Lab Drying Shrinkage (28 days Wet/28 Day Dry), 5
Readings ASTM C157 5202 $710.00 $739.00 $769.00 $800.00 $832.00 Lab Drying Shrinkage (Up to 28 days), 5 Readings AASHTO T160 / ASTM C157 Modified 5203 $657.00 $684.00 $712.00 $741.00 $771.00 Additional Reading, Per Set of Three Bars AASHTO T160 / ASTM C157 Modified 5203.1 $69.00 $72.00 $75.00 $78.00 $82.00 Storage over Ninety (90) Days, Per Set of Three
Bars, Per Month
AASHTO T160 / ASTM
C157 Modified 5203.2 $40.00 $42.00 $44.00 $46.00 $48.00 Time of Set (Up to 8 hours) ASTM C403 5204 $216.00 $225.00 $234.00 $244.00 $254.00 Laboratory Concrete Mix Study ASTM C192 5205
Potential Alkali Reactivity of Aggregates (Mortar-Bar
Method) – Fine Aggregate ASTM C1260 5206 $1,082.00 $1,126.00 $1,172.00 $1,219.00 $1,268.00 Potential Alkali Reactivity of Aggregates (Mortar-Bar
Method) – Coarse Aggregate ASTM C1260 5207 $1,298.00 $1,350.00 $1,404.00 $1,461.00 $1,520.00 Potential Alkali-Silica Reactivity of Aggregate
Combinations – Accelerated Mortar Bar Method ASTM C1567 5208 $1,298.00 $1,350.00 $1,404.00 $1,461.00 $1,520.00 Unit Weight Including Lightweight Concrete, Air Dry
Method ASTM C567 5209 $136.00 $142.00 $148.00 $154.00 $161.00 Unit Weight Including Lightweight Concrete, Oven Dry
Method ASTM C567 5210 $119.00 $124.00 $129.00 $135.00 $141.00 Concrete Specimen Preparation
Rate
By Quote
By Quote
By Quote
Rate
Rate
Laboratory Testing Services
Concrete Tests (Field Made Specimens)
Test Test Method
Test Test Method
Invoice
Code
Invoice
Code
Concrete Mix Design and Laboratory Trial Batch
Test Test Method Invoice
Code
Potential Reactivity of Aggregate – Mortar Bar
Expansion Method (12 Months) ASTM C1293 5211 $2,987.00 $3,107.00 $3,232.00 $3,362.00 $3,497.00 Potential Reactivity of Aggregate – Mortar Bar
Expansion Method (24 Months) ASTM C1293 5212 $3,193.00 $3,321.00 $3,454.00 $3,593.00 $3,737.00 Specifications for Lightweight Aggregates ASTM C330 5213 2026 2027 2028 2029 2030
Absorption of Masonry Block (set of 3) ASTM C140 5300
Compressive Strength of Composite Prism, 8"x8"x16" ASTM C1314 5301 Compressive Strength of Composite Prism, 8"x12"x16" ASTM C1314 5302 Compression Strength of Masonry Block (set of 3) ASTM C140 5303 Compressive Strength of Masonry Cores, 6" ASTM C39 5304 $95.00 $99.00 $103.00 $108.00 $113.00 Grout Compressive Strength, 2"x2"x2" Cube ASTM C109 5305 $60.00 $63.00 $66.00 $69.00 $72.00 Grout Compressive Strength, 3"x3"x6" Prism UBC STD 21-18, ASTM C1019 5306 $78.00 $82.00 $86.00 $90.00 $94.00
Linear Shrinkage of Masonry Block (set of 3) ASTM C426 5307 Mortar Compressive Strength 2"x4", 3"x6" Cylinder UBC STD 21-16, ASTM C780 5309 $132.00 $138.00 $144.00 $150.00 $156.00
Mortar Compressive Strength 2"x2"x2" Cube UBC STD 21-16, ASTM C780 5310 $60.00 $63.00 $66.00 $69.00 $72.00
Shear Test of Masonry Cores, 6" DSA 5311
Unit Weight of Masonry Block (set of 3) ASTM C140 5313
Web and Face Shell Measurements ASTM C140 5314
Laboratory Batched Cement Mortar, 2”x2”x2” Cubes
(Set of 9) ASTM C109 5315 $639.00 $665.00 $692.00 $720.00 $749.00 Relative Mortar Strength of Portland Cement Concrete
Sand CTM 515 5316 $1,360.00 $1,415.00 $1,472.00 $1,531.00 $1,593.00 2026 2027 2028 2029 2030
Abrasion: Los Angeles Rattler ASTM C131, CTM 211,
AASHTO T96 2000 $359.00 $374.00 $389.00 $405.00 $422.00 Abrasion: Los Angeles Rattler, Large-Size Coarse Agg. ASTM C535, CT 211 2001 $398.00 $414.00 $431.00 $449.00 $467.00 Atterberg Limits/Plasticity Index ASTM D4318, CTM
204, AASHTO T90 2002 $322.00 $335.00 $349.00 $363.00 $378.00 California Bearing Ratio Excluding Maximum Density
(Multi-Point)
ASTM D1883, AASHTO
T193 2003
California Bearing Ratio Excluding Maximum Density
(One Point)
ASTM D1883, AASHTO
T193 2003.1
California Bearing Ratio Excluding Maximum Density
(Cement or Lime Treated)
ASTM D1883, AASHTO
T193 2003.2
Chloride and Sulfate Content CTM 417, CTM 422 2004
Clay Lumps and Friable Particles ASTM C142 2005 $310.00 $323.00 $336.00 $350.00 $364.00 Cleanness Value: 1" x #4 CTM 227 2006 $211.00 $220.00 $229.00 $239.00 $249.00 Cleanness Value: 2.5" x 1.5" or 1.5" x .75" CTM 227 2007 $567.00 $590.00 $614.00 $639.00 $665.00 Corrosivity Series: Sulfate, CI, pH, Resistivity CTM 643, 417, 422 2008 Crushed/Fractured Particles ASTM D5821, CTM
205, T335 2009 $275.00 $286.00 $298.00 $310.00 $323.00
Durability Index: Per Method – A, B, C, or D ASTM D3744, CTM 229, AASHTO T210 2010 $348.00 $362.00 $377.00 $393.00 $409.00 Expansion Index ASTM D4829 2011 $180.00 $188.00 $196.00 $204.00 $213.00 Flat Particle and Elongated Particle ASTM D4791, CTM 235 2012 $281.00 $293.00 $305.00 $318.00 $331.00 Flat or Elongated Particle ASTM D4791, CTM 235 2013 $289.00 $301.00 $314.00 $327.00 $341.00 Full Depth Reclamation (FDR) Mix Design Project Specified 2014 Material Finer than #200 Sieve by Washing ASTM D1140, CTM 202, AASHTO T11 2015 $133.00 $139.00 $145.00 $151.00 $158.00 Moisture and Density: Ring Sample ASTM D2937 2016
Moisture and Density: Shelby Tube Sample ASTM D2937 2017 Organic Impurities ASTM C40, CTM 213,
AASHTO T21 2018 $139.00 $145.00 $151.00 $158.00 $165.00 Permeability of Granular Soil ASTM D2434, CTM
220, AASHTO T215 2019
OS Lab
OS Lab
OS Lab
OS Lab
OS Lab
OS Lab
OS Lab
Test Test Method Invoice
Code
Rate
OS Lab
Test Method Invoice
Code
OS Lab
OS Lab
OS Lab
Rate
By quote
OS Lab
OS Lab
By Quote
OS Lab
Soils and Aggregate Tests
Masonry, Prisms, Mortar, and Grout
Test
OS Lab
OS Lab
R-Value: Soil ASTM D2844, CTM
301, AASHTO T190 2020 $382.00 $398.00 $414.00 $431.00 $449.00 R-Value: Aggregate Base ASTM D2844, CTM
301, AASHTO T190 2021 $531.00 $553.00 $576.00 $600.00 $624.00 Relative Compaction of Soils (California Method) CTM 216 2022 $289.00 $301.00 $314.00 $327.00 $341.00 Sand Equivalent ASTM D2419, CTM
217, AASHTO T176 2023 $177.00 $185.00 $193.00 $201.00 $210.00 Sieve w/ Hydrometer: 3/4" Gravel to Clay ASTM D422, CTM 203, AASHTO T88 2024
Sieve w/ Hydrometer: Sand to Clay ASTM D422, CTM 203,
AASHTO T88 2025
Sieve Analysis with Wash ASTM C136, CTM 202,
AASHTO T27 2026 $182.00 $190.00 $198.00 $206.00 $215.00 Sieve Analysis w/out Wash ASTM C136, CTM 202,
AASHTO T27 2027 $155.00 $162.00 $169.00 $176.00 $184.00 Split Sieve Analysis (coarse/fine aggregates) ASTM C136, CTM 202, AASHTO T27 2028 $269.00 $280.00 $292.00 $304.00 $317.00 Sieve Analysis w/o Wash: W/ Cobbles ASTM C136, CTM 202, AASHTO T27 2029 $296.00 $308.00 $321.00 $334.00 $348.00 Soil Cement Treated Mix Design Project Specified 2030
Soil Max. Density & Optimum Moisture: Standard Effort ASTM D698, AASHTO T99 2031 $308.00 $321.00 $334.00 $348.00 $362.00
Soil Max. Density & Optimum Moisture: With Rock
Correction
ASTM D698, D1557,
D4718, AASHTO T99,
T180
2032 $405.00 $422.00 $439.00 $457.00 $476.00
Soil Max. Density & Optimum Moisture Density: Check
Point
ASTM D698, D1557,
AASHTO T99, T180 2033 $133.00 $139.00 $145.00 $151.00 $158.00 Max. Density & Optimum Moisture: Modified Effort D1557, AASHTO T99, T180 2034 $330.00 $344.00 $358.00 $373.00 $388.00
Soils and Aggregates: Moisture Content ASTM D566, CTM 226, AASHTO T255 2035 $43.00 $45.00 $47.00 $49.00 $51.00
Soundness: Sodium or Magnesium Sulfate, 5 Cycles, Per
Sieve Size
ASTM C88, CTM 214,
AASHTO T104 2036 $188.00 $196.00 $204.00 $213.00 $222.00 Specific Gravity and Absorption: Coarse Aggregate ASTM C127, CTM 206, AASHTO T85 2037 $153.00 $160.00 $167.00 $174.00 $181.00 Specific Gravity and Absorption: Fine Aggregate ASTM C128, CTM 207, AASHTO T84 2038 $238.00 $248.00 $258.00 $269.00 $280.00 Specific Gravity of Soils ASTM D854, CTM 209,
AASHTO T100 2039 $149.00 $155.00 $162.00 $169.00 $176.00 Standard Specification for Concrete Aggregates (C33) ASTM C33 2040 Uncompacted Void Content - Fine Aggregate ASTM C1252, CTM 234, AASHTO T304 2041 $218.00 $227.00 $237.00 $247.00 $257.00 Unconfined Compression of Soils ASTM D2166, CTM
221, AASHTO T208 2042
Unit Weight of Aggregates ASTM C29, CTM 212,
AASHTO T19 2043 $141.00 $147.00 $153.00 $160.00 $167.00 Voids in Aggregate ASTM C29, CTM 212,
AASHTO T19 2044 $141.00 $147.00 $153.00 $160.00 $167.00 Lightweight Particles, Fine Aggregate ASTM C123, AASHTO T113 2045 $190.00 $198.00 $206.00 $215.00 $224.00
Lightweight Particles, Coarse Aggregate ASTM C123, AASHTO T113 2046 $228.00 $238.00 $248.00 $258.00 $269.00
Lightweight Particles, Coarse Aggregate (Chert) ASTM C123, AASHTO T113 2047 $228.00 $238.00 $248.00 $258.00 $269.00
Scratch Hardness of Coarse Aggregate CRD-C 130 2048
2026 2027 2028 2029 2030
SSD: Bulk Specific Gravity of Compacted HMA Sample
or Core
ASTM D2726, CTM
308C, AASHTO T166 3000 $73.00 $76.00 $80.00 $84.00 $88.00 Coated: Bulk Specific Gravity Compacted HMA Sample
or Core
ASTM D1188, CTM
308A, AASHTO T275 3001 $102.00 $107.00 $112.00 $117.00 $122.00 Draindown Characteristics in Uncompacted HMA ASTM D6390, AASHTO T305 3002 $216.00 $225.00 $234.00 $244.00 $254.00
Lab Mixed-Effect of Moisture on HMA ASTM D4867, AASHTO
T283 3003 $1,696.00 $1,764.00 $1,835.00 $1,909.00 $1,986.00 OS Lab
OS Lab
OS Lab
Test Test Method Invoice
Code
Hot Mix Asphalt (HMA), Warm Mix Asphalt (WMA), Tests
Rate
By quote
By quote
By quote
Lab Mixed-Effect of Moisture on HMA, 1 Freeze Thaw ASTM D4867, AASHTO T283 3004 $2,070.00 $2,153.00 $2,240.00 $2,330.00 $2,424.00 Plant Mixed-Effect of Moisture on HMA Mix ASTM D4867, AASHTO T283 3005 $1,227.00 $1,277.00 $1,329.00 $1,383.00 $1,439.00 Plant Mixed-Effect of Moisture on HMA, 1 Freeze Thaw ASTM D4867, AASHTO T283 3006 $1,696.00 $1,764.00 $1,835.00 $1,909.00 $1,986.00 Extraction: % Bitumen by Ignition ASTM D6307, CTM
382, AASHTO T308 3007 $278.00 $290.00 $302.00 $315.00 $328.00 Extraction: % Bitumen by Ignition & Gradation
ASTM D6307/D5444,
CTM 382/202, AASHTO
T308/T27
3008 $384.00 $400.00 $416.00 $433.00 $451.00
Gyratory Compacted Bulk Sp. Gr. (set of 3) ASTM D6925, AASHTO T312 3009 $379.00 $395.00 $411.00 $428.00 $446.00
Plant Mixed - Hamburg Wheel Track Test AASHTO T234 3010 $1,556.00 $1,619.00 $1,684.00 $1,752.00 $1,823.00 Lab Mixed - Hamburg Wheel Track Test AASHTO T234 3011 $2,639.00 $2,745.00 $2,855.00 $2,970.00 $3,089.00 HMA Ignition Oven Correction Factor ASTM D6307, CTM
382, AASHTO T309 3012 $994.00 $1,034.00 $1,076.00 $1,120.00 $1,165.00 HMA Moisture Content CTM 370, AASHTO
T329 3013 $80.00 $84.00 $88.00 $92.00 $96.00
Hveem Mix Design Project Specified 3014
Hveem Compacted Bulk Sp, Gr. (set of 3): Paraffin ASTM D1188, CTM 308A, AASHTO T275 3015 $269.00 $280.00 $292.00 $304.00 $317.00 Hveem Stabilometer Test - Lab Mixed (set of 3)
ASTM D1560/1561, CT
304/366, AASHTO
T246/247
3016 $460.00 $479.00 $499.00 $519.00 $540.00
Hveem Stabilometer Test - Plant Mixed (set of 3)
ASTM D1560/1561, CT
304/366, AASHTO
T246/247
3017 $281.00 $293.00 $305.00 $318.00 $331.00
Lab Mixed - Indirect Tensile Strength of HMA (IDT) ASTM D6931 3018 $448.00 $466.00 $485.00 $505.00 $526.00 Plant Mixed - Indirect Tensile Strength of HMA (IDT) ASTM D6931 3019 $303.00 $316.00 $329.00 $343.00 $357.00 Lab Mixed - High Temperature Indirect Tensile Strength
of HMA (IDT-HT) ASTM D6931 3038 $448.00 $466.00 $485.00 $505.00 $526.00 Plant Mixed - High Temperature Indirect Tensile Strength of HMA (IDT-HT) ASTM D6931 3039 $303.00 $316.00 $329.00 $343.00 $357.00 4" Marshall Compacted Bulk. Sp. Gr. (set of 3) ASTM D2726, CTM 308C, AASHTO T166 3020 $301.00 $314.00 $327.00 $341.00 $355.00 6" Marshall Compacted Bulk Sp. Gr. (set of 3) ASTM D2726, CTM 308C, AASHTO T166 3021 $311.00 $324.00 $337.00 $351.00 $366.00 Marshall Mix Design Project Specified 3022
Max. Theoretical Specific Gravity [RICE] ASTM D2041, CTM 309, AASHTO T209 3023 $207.00 $216.00 $225.00 $234.00 $244.00 Open Grade Mix Design Project Specified 3024
Quantitative Extraction: % Bit. & Sieve Analysis ASTM D2172, AASHTO T164 3025
RAP Quality Testing - Total of 3 Samples CTM 384, MS-2 3026 $3,166.00 $3,293.00 $3,425.00 $3,562.00 $3,705.00 Lab Mixed - Resistance of Compacted HMA to Moisture
Damage CTM 371 3027 $2,477.00 $2,577.00 $2,681.00 $2,789.00 $2,901.00 Resistance to Plastic Flow - 4" Marshall of Cored Sample ASTM D6926/6927, AASHTO R68/T245 3028 $200.00 $208.00 $217.00 $226.00 $236.00 Resistance to Plastic Flow - 4" Marshall Test, Plant Mix ASTM D6926/6927, AASHTO R68/T245 3029 $303.00 $316.00 $329.00 $343.00 $357.00 Resistance to Plastic Flow - 4" Marshall Test Lab Mixed ASTM D6926/6927, AASHTO R68/T245 3030 $448.00 $466.00 $485.00 $505.00 $526.00 Resistance to Plastic Flow - 6" Marshall Test Lab Mixed ASTM D5581 3031 $586.00 $610.00 $635.00 $661.00 $688.00 Resistance to Plastic Flow - 6" Marshall Test, Premixed ASTM D5581 3032 $468.00 $487.00 $507.00 $528.00 $550.00 Superpave Mix Design Project Specified 3033
Rutting Susceptibility of HMA using the APA Lab Mixed AASHTO T340 3034 $2,478.00 $2,578.00 $2,682.00 $2,790.00 $2,902.00 Rutting Susceptibility of HMA using the APA - Plant Mixed AASHTO T340 3035 $2,069.00 $2,152.00 $2,239.00 $2,329.00 $2,423.00 Lab Mixed - Rapid Shear Rutting Test (IDEAL-RT) - Set of 3 ASTM WK71466 3040 $1,622.00 $1,687.00 $1,755.00 $1,826.00 $1,900.00 Plant Mixed - Rapid Shear Rutting Test (IDEAL-RT) - Set of 3 ASTM WK71466 3041 $1,082.00 $1,126.00 $1,172.00 $1,219.00 $1,268.00 Lab Mixed - Indirect Tensile Cracking Test (IDEAL -CT) - Set of 3 ASTM 8225 3036 $1,622.00 $1,687.00 $1,755.00 $1,826.00 $1,900.00 OS Lab
By quote
By quote
By quote
By quote
Plant Mixed – Indirect Tensile Cracking Test (IDEAL -CT) - Set of 3 ASTM 8225 3037 $1,082.00 $1,126.00 $1,172.00 $1,219.00 $1,268.00 Cantabro Abrasion Loss of HMA Specimens (Set of 3)
ASTM D7064
Appendix X2 /
AASHTO
T401
3044 $858.00 $893.00 $929.00 $967.00 $1,006.00
2026 2027 2028 2029 2030
Emulsion Residue, Evaporation ASTM D244 3100 $164.00 $171.00 $178.00 $186.00 $194.00 Emulsion Sieve Test ASTM D244 3101 $159.00 $166.00 $173.00 $180.00 $188.00 Furol Viscosity @ 77°F ASTM D7496 3102 $166.00 $173.00 $180.00 $188.00 $196.00 Furol Viscosity @ 122°F ASTM D7496 3103 $175.00 $182.00 $190.00 $198.00 $206.00 Penetration ASTM D5 3104 $151.00 $158.00 $165.00 $172.00 $179.00 Residue by Evaporation ASTM D6934 3105 $159.00 $166.00 $173.00 $180.00 $188.00 Sieve Test ASTM D6933 3106 $124.00 $129.00 $135.00 $141.00 $147.00 Storage Stability, 1 Day ASTM D6930 3107 $195.00 $203.00 $212.00 $221.00 $230.00 Storage Stability, 5 Day ASTM D6930 3108 $225.00 $234.00 $244.00 $254.00 $265.00 Wet Track Abrasion ASTM D3910 3109 $209.00 $218.00 $227.00 $237.00 $247.00 2026 2027 2028 2029 2030
Cone Penetration ASTM D217 3200 $139.00 $145.00 $151.00 $158.00 $165.00 Haake Viscosity LP-11 3201 $180.00 $188.00 $196.00 $204.00 $213.00 Resilience @ 77°F ASTM D5329 3202 $139.00 $145.00 $151.00 $158.00 $165.00 Rubber Binder Profile Project Specified 3203 $4,685.00 $4,873.00 $5,068.00 $5,271.00 $5,482.00 Softening Point ASTM D36 3204 $151.00 $158.00 $165.00 $172.00 $179.00 PG Binder Specification Compliance AASHTO M320 3205
PG Grade Determination AASHTO R29 /
AASHTO M332 3206
OS Lab
OS Lab
Emulsion Tests
Binder Tests
Test Test Method Invoice
Code
Test Test Method Rate
Rate
Invoice
Code
SECTION 8
References
8
18 8 REFERENCES
Below we have provided the completed Appendix C - References. Resumes for key staff have been provided on the following pages.
City of Montebello
Request for Qualifications/Statement of Qualifications
RFQual No. 26-04 Materials Testing & Special Inspection Services 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 Anaheim
200 South Anaheim Blvd, Suite 276, Anaheim, CA 92805
Jose Cortez
2022-Present
Construction Services Division
On-Call Testing and Inspection Services
City of Moreno Valley
714.765.5039
[email protected]
2024-&XUUHQW
On-Call Testing, Inspection, and Engineering Services
Los Angeles County, Department of Public Works
900 South Freemont Avenue, Alhambra, CA 91083
Civil Engineer
2017-&XUUHQW
As Needed Annual Engineering, Pavement Inspection, and Testing Services 14177 Frederick Street, Moreno Valley, CA 92553
Manny Ruiz
Senior Engineer
951.413.3243
[email protected]
Erik Villa
626-458-7938
[email protected]
QIANG LI, PH.D., P.E.
Project Manager
Dr. Qiang Li, a licensed Professional Engineer, brings more than 18 years of extensive expertise in material testing, complemented by a robust 11-year track record in successful project management.
His diverse background includes specialized roles in inspection and material testing for government agency projects. Holding a Ph.D. in Civil Engineering, Dr. Li has excelled across various domains such as project management, geotechnical
engineering, material testing, pavement engineering, and nondestructive testing. He adeptly defines technical requirements, manages project budgets, and implements quality programs, underscoring his proficiency in delivering high-quality projects. Dr.
Li's wealth of experience, technical leadership, effective communication, and adept project oversight enable him to provide and manage the ideal inspection and testing staff for construction projects.
RELEVANT EXPERIENCE SNAPSHOT
Project Name and Location: On-Call Materials Testing, Pavement Mix Design, and Inspection Services, Los Angeles, California Project Owner: Los Angeles County Department of Public Works Time on Project: 2023 – Present
Project Role: Materials Testing Engineer and Project Manager Duties and Description: G3 is under contract to provide asneeded materials testing, pavement mix design, and inspection services at various locations in Los Angeles County for Federal and Non-Federal Projects. The general objective of this on-call contract is to evaluate pavement assets and provide the best, cost effective geotechnical and materials design and quality assurance inspection and testing services on a variety of projects under this contract. Our overall services capabilities have included mix design consultation and specialty field and laboratory services. As the Materials Testing Engineer and Project Manager for this contract, Qiang effectively manages both field and laboratory testing activities and ensures the quality assurance of testing procedures and results across various projects.
Project Name and Location: On-Call Professional Consultant Material Testing, Geotechnical and Deputy Field Inspection Services, Moreno Valley, California
Project Owner: City of Moreno Valley
Time on Project: 2024 – Present
Project Role: Project Manager
Duties and Description: This on-call contract with the City of Moreno Valley provides material testing, geotechnical engineering, and deputy field inspection services to support a range of public works and infrastructure projects. The effort includes laboratory and field testing of construction materials, geotechnical investigations and recommendations, and continuous inspection services to help ensure projects are built in accordance with approved plans, specifications, and applicable standards. Services are delivered on an as-needed basis to assist
EXPERIENCE
18 Years
YEARS WITH G3: 2
EDUCATION
• PH.D. Civil Engineering
University of Florida,
Gainesville, Florida, 2011
• M.S. Civil Engineering
University of Florida,
Gainesville, Florida, 2010
• B.S. Civil Engineering
Dalian University of
Technology, China, 2005
LICENSES
• Professional Engineer,
CA 91989, TX 113045, NJ
24GE05414400
PROFESSIONAL
AFFILIATIONS
• Committee Member of
Transportation Research
Board on Engineering
Behavior of Unsaturated
Geomaterials
WHY QIANG?
• In-Depth Quality
Assurance Program
Management
Experience
• Specializes in Material
Testing and Engineering
• Extensive Involvement
with Pavement
Research and
Development
Qiang Li, Ph.D, P.E.
Project Manager
the City in maintaining quality control, regulatory compliance, and overall project performance.
As Project Manager, Qiang oversees testing and inspection services while ensuring compliance with quality assurance standards and procedures.
Project Name and Location: On-Call Materials Testing, Deputy Inspection, and Environmental Engineering and Science Services, Anaheim, California
Project Owner: City of Anaheim
Time on Project: 2024 – Present
Project Role: Project Manager
Duties and Description: G3 is under contract to provide as-needed materials testing, pavement mix design, and inspection services at various locations in Los Angeles County for Federal and Non-Federal Projects. The general objective of this on-call contract is to evaluate pavement assets and provide the best, cost effective geotechnical and materials design and quality assurance inspection and testing services on a variety of projects under this contract. Our overall services capabilities have included mix design consultation and specialty field and laboratory services. As the project Manager, Qiang oversees the quality assurance program and provides as-needed technical consulting as well as managing inspection, materials sampling, and testing services.
Project Name and Location: On-Call Construction Materials Sampling and Testing Services, Cypress, California
Project Owner: City of Cypress
Time on Project: 2024 – Present
Project Role: Project Manager
Duties and Description: The City of Cypress awarded an On-Call Construction Management, Engineering Support, Testing, and Inspection Services contract to a team that includes G3 through a teaming agreement. G3 provides inspection and materials testing services in support of the City’s Capital Improvement Program (CIP), delivering field inspection, sampling, and laboratory testing for roadway and infrastructure improvements. Our work is performed by local, multi-certified technicians and supported by our nearby accredited laboratory, ensuring responsive, high-quality Quality Assurance operations. Under this on-call contract, G3 has supported a variety of rehabilitation and resurfacing projects citywide, including arterial, collector, and residential streets. As Project Manager for this role, Qiang oversees necessary quality assurance and materials testing services and provides as-needed consulting.
Project Name and Location: On-Call Construction Inspection, Special Inspection, and Materials Sampling and Testing Services, Los Angeles County, California Project Owner: Los Angeles County Sanitation District
Time on Project: 2025 – Present
Project Role: Project Manager
Duties and Description: Under our on-call contract with the Los Angeles County Sanitation Districts, G3 Quality is providing inspection and materials testing services for multiple concurrent wastewater and pumping plant facility improvement projects. Representative assignments include the A.K. Warren Water Resource Facility Pavement Improvements; San Pipe Lining Project – Gardena Pumping Plant Facility Replacement; Spring Street Pumping Plant Upgrades; Los Coyotes Water Reclamation Plant Primary Structures Concrete and Lining Repairs; and District 22 Group 4 Trunk Sewer Rehabilitation. Qiang oversees quality assurance and inspection activities under this on-call contract, managing multidisciplinary inspection teams, coordinating laboratory testing and field verification, and ensuring compliance with District standards, contract specifications, and regulatory requirements.
CHRISTOPHER WILLSON
Field Inspector / Technician
Christopher is a highly qualified field technician with over 7 years of dedicated experience in highway construction inspection and testing for both state and local agencies. His expertise encompasses a strong working knowledge of Caltrans Standard Plans and Specifications, ensuring compliance and quality in all projects he undertakes. Christopher excels in applying his extensive background to highway and public agency projects, delivering meticulous field technician services. His proficiency extends to various aspects of construction inspection, from initial site assessments to the final stages of project completion.
Christopher has made significant contributions, demonstrating his capability and commitment to excellence in the field.
RELEVANT EXPERIENCE SNAPSHOT
Project Name and Location: Street Reconstruction Zone G—Phase 2, Lomita, California
Project Owner: City of Lomita
Time on Project: 2026—Present
Project Role: Field Inspector
Duties and Description: This project, commissioned by the City of Lomita, involves the reconstruction and rehabilitation of streets within Zone G (Phase 2), an area identified as having some of the most deteriorated pavement conditions in the city. The work includes a combination of full street reconstruction and asphalt overlay treatments across multiple roadways, along with upgrades such as curb ramps to meet ADA standards and
improvements to sidewalks, gutters, and related infrastructure.
Christopher serves as Field Inspector and provides material testing and inspection per project standards and client requirements.
Project Name and Location: Community Center Courtyard and Parking Lot Improvements, Carson, California
Project Owner: City of Carson
Time on Project: 2025
Project Role: Field Technician
Duties and Description: The Community Center Courtyard (West) project encompassed approximately one acre between City Hall and the Carson Event Center and was designed to convert the existing open landscaped area into a flexible outdoor space for public and private events. Key features included grading part of a mound to install a 1,000- square-foot stage with an adjacent audience area, a pergola next to Hall A, and an expanded courtyard outside Room 107 featuring a lit waterfall, landscaping, and a matching pergola. The site was enhanced with new lighting, decorative paving, and updated landscaping. The east parking lot was reconfigured by removing a planter to create a usable event space without affecting parking capacity. G3 supported the project with comprehensive inspection and testing services, including compaction testing, HMA, concrete, and masonry inspection, as well as laboratory testing and daily reporting. Christopher served as Field Technician for this project and provided the required field inspection and materials testing services.
EXPERIENCE
7 Years
YEARS WITH G3: 5
EDUCATION
General Education
CERTIFICATIONS
• ICC Certified Structural
Steel and Bolting
Special Inspector,
9563747
• ICC Soils Special
Inspector
• ICC Structural Masonry
Special Inspector
• ICC Reinforced
Concrete Special
Inspector
• ICC Prestressed
Concrete Special
Inspector
• ICC Structural Welding
Inspector
• ICC Master of Special
Inspection
• ACI Concrete Field
Testing Technician –
Grade 1
• Caltrans CTM
Certifications
WHY CHRISTOPHER?
• Thorough Construction
Manual Understanding
• Excellent and Clear
Communication
Christopher Willson
Field Inspector / Technician
Project Name and Location: Mills Park Site Improvements, Carson, California Project Owner: City of Carson
Time on Project: 2025—Present
Project Role: Field Technician
Duties and Description: Mills Park spans approximately 4.45 acres (195,000 sq. ft.) and is centrally located in the City of Carson, surrounded by single-family homes. The improvements are primarily taking place on the easterly half of the park. The project scope includes adjustments to the irrigation system, with most turf areas remaining intact. Enhancements include a larger playground with a rubberized surface and the conversion of the existing half-court into a full basketball court. Additionally, the fitness area is receiving a shade cover, new picnic shelters will be installed, and the concrete walkways throughout the park will be improved. Christopher is providing the required field inspection and materials testing services.
Project Name and Location: PW 24-30 Neighborhood Street Resurfacing, Oxnard, California Project Owner: City of Oxnard
Time on Project: 2025
Project Role: Field Inspector
Project Relevance and Duties: The project involved roadway improvements within the Colonia neighborhood, including milling of existing asphalt concrete pavement, placement and compaction of asphalt rubberized hot mix (ARHM), micro-surfacing, and crack sealing. G3 performed Quality Assurance inspection, materials sampling, and testing services and asneeded consulting on tasks such as trench backfill, subgrade, aggregate base, HMA/ARHM, and concrete testing. Christopher provided onsite quality control testing and inspection in his role as Field Inspector.
Project Name and Location: 1641 Gardena Boulevard Street Improvement, Carson, California Project Owner: City of Carson
Time on Project: 2023
Project Role: Field Technician
Duties and Description: The project consisted of street improvements along Gardena Boulevard from Figueroa Street to East of Avalon Boulevard in the City of Carson. G3 provided Quality Assurance services for the subgrade, crushed aggregate base and HMA/ARHM. Christopher provided the required field inspection and materials testing services for the aggregate base and subbase.
Project Name and Location: Melrose Streetscape, West Hollywood, California Project Owner: City of West Hollywood
Time on Project: 2023
Project Role: Field Inspector
Project Relevance and Duties: The project involved the detailed removal and replacement of concrete sidewalks, driveways, curb and gutters and asphalt roadway throughout the city of West Hollywood. Christopher provided onsite testing and inspection in his role as Field Inspector during this project.
Project Name and Location: CIP 22-17 Residential Street Pavement Rehabilitation Area 8, Downey, California
Project Owner: City of Downey
Time on Project: 2022
Project Role: Field Inspector
Project Relevance and Duties: The City of Downey CIP 22-17 Residential Street Pavement Rehabilitation Area 8 Project focused on improving the condition and longevity of residential streets within a designated neighborhood zone. The work generally included asphalt resurfacing, localized pavement repairs, crack sealing, and upgrades to curbs, gutters, and ADA-compliant curb ramps. This effort enhanced roadway safety, ride quality, and overall neighborhood infrastructure while extending the service life of existing streets. As Field Inspector, Christopher performed required inspections according to project specifications.
DOMINIQUE MCGEE
Field Technician/Inspector
Dominique is a skilled field technician with 7 years of hands-on experience in highway construction inspection and materials testing for state and local agencies. He possesses a strong working knowledge of Caltrans Standard Plans and
Specifications, which he applies to ensure compliance, quality, and safety on every project. Leveraging his expertise in highway and public works projects, Dominique provides comprehensive field technician services, including inspection, testing, documentation, and coordination, to support the successful completion of infrastructure projects like those listed below. His proactive approach and attention to detail contribute to highquality results, efficient project workflows, and adherence to regulatory standards.
RELEVANT EXPERIENCE SNAPSHOT
Project Name and Location: City of Laguna Beach Zone 3
Collectors Pavement Rehabilitation, Laguna Beach, California Project Owner: City of Laguna Beach
Time on Project: 2024
Project Role: Field Technician
Duties and Description: The project included mobilization, clearing and grubbing, saw cutting, removal and reconstruction of asphalt concrete (A.C.) pavement, replacement of Caltrans traffic loops, weed control and crack sealing, application of Type II slurry seal, traffic control, stormwater pollution prevention, pavement striping and markings, utility adjustments, and other necessary improvements to complete the planned scope of work on the collector roads in The Village neighborhood of Laguna Beach. G3 Provided quality control services on HMA. Dominique provided quality control on HMA as well as additional services as a Field Technician.
Project Name and Location: 2020 / 2021 Street Overlay and Reconstruction, Rialto, California Project Owner: City of Rialto
Time on Project: 2022
Project Role: Field Technician
Duties and Description: The scope of work included construction management, project inspection, labor compliance, and geotechnical and materials testing services for the Street Overlay and Reconstruction Project. The materials used on the project consisted of cold central plant recycling asphalt concrete, cement stabilized pulverized base, HMA and ARHM.
Dominique provided quality assurance field testing and material testing services.
Project Name and Location: 1641 Gardena Boulevard Street Improvement, Carson, California Project Owner: City of Carson
Time on Project: 2023
Project Role: Field Inspector
Duties and Description: The 1641 Gardena Boulevard Street Improvement Project in the Carson, delivered by the City of Carson in 2023, revitalized a key roadway corridor to better serve the surrounding community. The project featured a range of street enhancements designed to improve pavement quality and overall performance. Construction efforts were carefully executed to strengthen long-term durability while minimizing disruption. Dominique provided
EXPERIENCE
7 Years
YEARS WITH G3: 4
EDUCATION
• High School Graduate
CERTIFICATIONS
• Caltrans CTM
Certifications, 05317
• ACI Concrete Field
Testing Technician –
Grade I, 1404510
WHY DOMINIQUE?
• Thorough Caltrans
Construction Manual
Understanding
• Excellent and Clear
Communication
• Fast and Accurate
Reporting
Dominique McGee
Field Technician/Inspector
necessary field inspection services to promote project completion according to client timeline and budget.
Project Name and Location: City of West Hollywood Melrose Streetscape, West Hollywood, California
Project Owner: City of West Hollywood
Time on Project: 2023
Project Role: Field Inspector
Duties and Description: The Melrose Streetscape Project in the West Hollywood, led by the City of West Hollywood in 2023, transformed a prominent corridor into a more vibrant and pedestrianfriendly environment. The project consisted of removal and replacement of concrete sidewalks, driveways, curbs, gutters and asphalt roadways. G3 performed quality inspection services.
Dominique performed field inspections to support completion of this project.
Project Name and Location: FY 22-23 Street Rehabilitation, Placentia, California Project Owner: City of Placentia
Time on Project: 2024
Project Role: Field Inspector
Duties and Description: This project consisted of pavement rehabilitation on various streets throughout the city, aimed at improving overall roadway condition and extending pavement life. G3 provided comprehensive quality control services for key construction components, including subgrade preparation, aggregate base placement, and asphalt rubberized hot mix installation. These services ensured that materials and workmanship met project specifications and applicable standards. Dominique performed the necessary field inspections in accordance with City requirements.
Project Name and Location: Residential Streets Pavement Rehabilitation Project, Area 5 and 7, Downey, California
Project Owner: City of Downey
Time on Project: 2024
Project Role: Field Inspector
Duties and Description: The Residential Streets Pavement Rehabilitation Project, Areas 5 and 7 in the City of Downey, completed in 2024, focused on improving the condition of neighborhood streets throughout designated residential zones. The project included pavement rehabilitation work designed to restore roadway surface quality and extend service life. Construction activities generally involved street resurfacing and related improvements to support safer and smoother travel for residents. Overall, the effort enhanced local infrastructure and improved mobility within the community. G3 provided quality assurance materials testing services. Dominique served as Field Inspector for this project.
Project Name and Location: Concrete Rehabilitation Project 424, Cypress, California Project Owner: City of Cypress
Time on Project: 2025
Project Role: Field Inspector
Duties and Description: The Concrete Rehabilitation Project 424 in the Cypress, led by the City of Cypress in 2025, focused on improving and upgrading concrete infrastructure throughout designated areas of the city. The project was implemented to address deteriorated concrete conditions and enhance overall public safety and accessibility. Work was completed in accordance with city standards and specifications to ensure long-term durability and performance. G3 provided quality assurance materials testing services throughout the duration of the project, including field and laboratory testing to verify compliance with applicable requirements. Dominique provided necessary field inspection services to promote project completion according to client timeline and budget.
KRISTIN COX
Field Inspector / Technician
Kristin brings 7 years of inspection and testing experience of roadway construction. Kristin is highly knowledgeable in major highway construction and pavement rehabilitation activities, including the materials testing of soils, aggregates, concrete, and asphalt. Kristin holds ICC Certification as a Special Inspector Associate for Reinforced Concrete, and is also certified in Soils, and Prestressed Concrete. As a roadway inspector, Kristin oversees highway construction activities and performs inspection duties to include, plan and specification review, scheduling of materials sampling, preparation of non-compliance reports, review of RFI’s and material certifications. She utilizes her extensive infrastructure background on major highway projects to provide sampling and testing oversight for Caltrans projects. Her overall understanding and experience with the construction of complex, multi-year major highway projects makes her an asset as an inspector on this team for the project.
RELEVANT EXPERIENCE SNAPSHOT
Project Name and Location: Residential Street Resurfacing Project, Cypress, California
Project Owner: City of Cypress
Time on Project: 2025
Project Role: Field Inspector
Duties and Description: As part of the City's Capital Improvement Program, this project involved resurfacing multiple residential streets in the City of Cypress to support the City's strategic goal of maintaining and enhancing infrastructure and facilities. The scope includes edge grinding, full-width and partial-width cold milling, crack sealing, removal and replacement of asphalt concrete (AC) paving, removal and replacement of existing traffic striping, wheel stops, and markers. It also involved applying a Type I Rubber Polymer Modified Slurry Seal (RPMS), placing an ARHM (Asphalt Rubber Hot Mix) overlay, adjusting manholes to grade, and replacing traffic striping, markers, and curb paint. G3 provided quality assurance inspection and materials testing for the Type I Slurry Seal and ARHM. Kristin performed inspection and sampling of the slurry in her role as Field Inspector.
Project Name and Location: South Whittier Sunshine Acres Leland Avenue, Whittier, California
Project Owner: County of Los Angeles
Time on Project: 2023
Project Role: Field Technician
Duties and Description: This project consisted of the reconstruction of curb, gutter, curb ramp upgrades and driveway aprons utilizing asphalt rubber hot mix surface course on cold central plant recycled asphalt concrete base course and cement stabilized pulverized base. G3 provided quality control services for the Cement Treated Pulverized Base. Kristin provided quality assurance field testing and material testing services.
EXPERIENCE
7 Years
YEARS WITH G3: 7
EDUCATION
• Bachelor of Science,
Business Marketing,
California State
University Long Beach
CERTIFICATIONS
• ACI Concrete Field
Grade 1
• Caltrans CTM
certifications
• ICC Soils, Structural
Masonry, Reinforced
Concrete, Prestressed
Concrete, Structural
Steel and Bolting, Spray
Applied Fireproofing,
Structural Welding and
Master of Special
Inspection
• OSHA 10
•City of Long Beach
Deputy Inspector
WHY KRISTIN?
• Excellent client relations
and communication
skills
• Extensive experience
with materials testing of
soils, aggregates,
asphalt and concrete
construction materials
Kristin Cox
Field Inspector / Technician
Project Name and Location: Community Center Courtyard and Parking Lot Improvements, Carson, California
Project Owner: City of Carson
Time on Project: 2025
Project Role: Inspector
Duties and Description: The Community Center Courtyard (West) project encompassed approximately one acre between City Hall and the Carson Event Center and was designed to convert the existing open landscaped area into a flexible outdoor space for public and private events. Key features included grading part of a mound to install a 1,000-square-foot stage with an adjacent audience area, a pergola next to Hall A, and an expanded courtyard outside Room 107 featuring a lit waterfall, landscaping, and a matching pergola. The site was enhanced with new lighting, decorative paving, and updated landscaping. The east parking lot was also reconfigured by removing a planter to create a usable event space without affecting parking capacity. G3 supported the project with comprehensive inspection and testing services, including compaction testing, HMA, concrete, and masonry inspection, as well as laboratory testing and daily reporting. Kristin provided field inspection, sampling and testing services for masonry and mortar.
Project Name and Location: Residential Street Pavement Rehabilitation Area 4, Downey, California
Project Owner: City of Downey
Time on Project: 2023
Project Role: Field Technician
Duties and Description: The project rehabilitated 77 residential street segments with a total length of approximately 10 miles. The work included crack sealing, slurry seal, cape seal, grind and overlay and pavement rehabilitation. G3 was contracted to provide inspection and laboratory testing services. Kristin provided quality assurance field testing and material testing services.
Project Name and Location: Calmada Avenue and Mills Avenue Rehabilitation Project, Whittier, California
Project Owner: City of Whittier
Time on Project: 2024
Project Role: Field Inspector
Duties and Description: The Calmada Avenue and Mills Avenue Rehabilitation Project in the City of Whittier consisted of comprehensive roadway and pedestrian infrastructure upgrades along both corridors, including pavement rehabilitation, ADA-compliant curb ramp reconstruction, new and replacement sidewalk, cross gutter, and spandrel improvements, as well as localized roadway excavation and base replacement. The project also included adjusting sewer and storm drain manholes and water valves to grade, installing new traffic signal loops, constructing retaining curbs, and completing signing, striping, and pavement marking enhancements to improve mobility and safety. As Field Inspector, Kristen provided necessary site inspections per project specifications and requirements.
Project Name and Location: SB1 CDBG Street Reconstruction, Huntington Park, California Project Owner: City of Huntington Park
Time on Project: 2023
Project Role: Field Inspector
Duties and Description: The SB1 CDBG Street Reconstruction Project in Huntington Park, led by the City of Huntington Park in 2023, focused on improving local roadway infrastructure through a coordinated rehabilitation effort. The project involved general street improvements aimed at enhancing pavement conditions and overall usability. Work activities included typical construction measures to support long-term durability and functionality. This effort contributed to safer, more reliable streets for the community. Kristen served this project in her role as Field Inspector by providing project-specific site and field inspections.
SECTION 9
Comments on PSA Template
9
27 9 COMMENTS ON PSA TEMPLATE
PSA TEMPLATE COMMENTS
G3 has no redline revisions to the Professional Services Agreement Template.
SECTION 10
Additional Attachments
10
28 10 ADDITIONAL ATTACHMENTS
• Subconsultant Business Preference
G3 Quality, Inc.
13850 Cerritos Corporate Drive
Suite E
Cerritos, California 90703
562.321.9840
www.g3quality.com
EXHIBIT ‘C’
LAPM 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
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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.