RFIQ No. PS54330 ISSUED: 06.06.18 This Page Is Intentionally Blank TABLE of CONTENTS

Los Angeles County Metropolitan Transportation Authority

Countywide Planning & Development Bench RFIQ No. PS54330 ISSUED: 06.06.18 This page is intentionally blank TABLE OF CONTENTS

SECTION 1 – LETTER OF INVITATION ...... 1-0 LETTER OF INVITATION FOR PROPOSAL ...... 1-1 LETTER OF INVITATION SUPPLEMENT (RC-FTA)...... 1-5 LETTER OF INVITATION SUPPLEMENT (FHWA) ...... 1-9 LETTER OF INVITATION SUPPLEMENT RFP (NON - FEDERAL)...... 1-11 LIST OF CERTIFIED FIRMS (DISCLAIMER) ...... 1-15 LIST OF CERTIFIED FIRMS (DISCLAIMER) ...... 1-16 LIST OF CERTIFIED DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) FIRMS (DISCLAIMER) ...... 1-17 SECTION 2 – CONTRACT DOCUMENTS ...... 2-0 FIRM FIXED PRICE CONTRACT...... 2-1 ARTICLE I: CONTRACT DOCUMENTS ORDER OF PRECEDENCE ...... 2-2 ARTICLE II: DEFINITIONS...... 2-3 ARTICLE III: ORDERING ...... 2-3 ARTICLE IV: ORDER PROCESS...... 2-3 ARTICLE V: CONTRACT TASK ORDERS ...... 2-4 ARTICLE VI: COMPENSATION...... 2-5 ARTICLE VII: CONTRACT TERM AND PERIOD OF PERFORMANCE ...... 2-6 ARTICLE VIII: LIMITATION OF FUNDS...... 2-6 ARTICLE IX: ENTIRE AGREEMENT ...... 2-7 EXHIBIT A – INSURANCE REQUIREMENTS ...... 2-8 REGULATORY REQUIREMENTS...... 2-10 RR-01 ADMINISTRATIVE CODE *...... 2-10 RR-02 DISCRIMINATION * ...... 2-11 RR-03 WHISTLEBLOWER REQUIREMENTS * ...... 2-11 RR-04 PUBLIC RECORDS ACT *...... 2-12 RR-05 ACCESS TO RECORDS...... 2-12 RR-06 FEDERAL FUNDING, INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS, AND FEDERAL CHANGES* ...... 2-13 RR-07 ENERGY CONSERVATION REQUIREMENTS ...... 2-14 RR-08 CIVIL RIGHTS REQUIREMENTS * ...... 2-14 RR-09 NO GOVERNMENT OBLIGATION TO THIRD PARTIES * ...... 2-15 RR-10 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS *...... 2-16 RR-11 SUSPENSION AND DEBARMENT* ...... 2-16 RR-12 RECYCLED PRODUCTS...... 2-17 RR-13 CLEAN WATER AND CLEAN AIR REQUIREMENTS* ...... 2-17 RR-14 COMPLIANCE WITH FEDERAL LOBBYING POLICY *...... 2-18 RR-15 BUY AMERICA * ...... 2-18 RR-16 CARGO PREFERENCE* ...... 2-19 RR-17 FLY AMERICA...... 2-19 RR-18 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT *...... 2-20 RR-19 SEISMIC SAFETY...... 2-21 RR-20 ADA ACCESS...... 2-21 RR-21 ALCOHOL AND DRUG-FREE WORKPLACE PROGRAM * ...... 2-23 RR-22 TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS * ...... 2-24 RR-23 CHARTER SERVICE OPERATIONS...... 2-25

RFIQ No. PS54330i Countywide Planning & Development Bench ISSUED: 06.06.18 TABLE OF CONTENTS RR-24 SCHOOL BUS REQUIREMENTS...... 2-25 RR-25 FEDERAL PATENT AND DATA RIGHTS* ...... 2-26 RR-26 PUBLIC WORKS CONTRACTOR REGISTRATION LAW ...... 2-28 RR-27 COMPLIANCE WITH CALIFORNIA HEALTH AND SAFETY CODE (HSC) §25250.512-29 SPECIAL PROVISIONS (SERVICES) ...... 2-30 SP-01 SBE SET- ASIDE ...... 2-30 SP-02 DBE PARTICIPATION...... 2-30 SP-03 SBE/DVBE PARTICIPATION...... 2-31 SP-04 ORGANIZATIONAL CONFLICTS OF INTEREST*...... 2-32 SP-05 NOTICES AND SERVICE THEREOF* ...... 2-33 SP-06 APPROVED SUBCONTRACTORS AND SUPPLIERS*...... 2-33 SP-07 RELEASE OF INFORMATION* ...... 2-34 SP-08 ORDERING (FOR INDEFINITE DELIVERY/QUANTITY CONTRACTS) - RESERVED2-34 SP-09 INSURANCE (RESERVED) ...... 2-34 SP-10 WORKSITE ACCESS/RESTORATION (JANUARY 2002) ...... 2-34 SP-11 LOSS PREVENTION...... 2-34 SP-12 CONTRACTOR EQUIPMENT* ...... 2-35 SP-13 FINAL PAYMENT BOND...... 2-35 SP-14 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA...... 2-35 SP-15 CONTRACT SPECIFIC DEFINITIONS*...... 2-37 SP-16 CLEAN UP...... 2-38 SP-17 PROTECTION OF METRO STRUCTURES, EQUIPMENT, AND VEGETATION...... 2-38 SP-18 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS* ...... 2-38 SP-19 ALLOWABILITY, ALLOCABILITY & REASONABLENESS DEFINITIONS* ...... 2-39 SP-20 SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE* ...... 2-40 SP-21 LIQUIDATED DAMAGES* - RESERVED ...... 2-42 SP-22 THE CONTRACTOR'S LICENSE ...... 2-42 SP-23 INDIRECT COST RATES* ...... 2-42 SP-24 METRO MANAGEMENT OF CONTRACTOR’S PERSONNEL* ...... 2-46 SP-25 SUBCONTRACT ADMINISTRATION ...... 2-47 SP-26 PAYMENT AND REPORTING OF PREVAILING WAGE ...... 2-50 SP-27 LIVING WAGE/SERVICE CONTRACT WORKER RETENTION POLICY ...... 2-51 EXHIBIT 1 - RATE CERTIFICATION ...... 2-53 GENERAL CONDITIONS (SERVICES) ...... 2-54 GC-01 GLOSSARY OF TERMS*...... 2-54 GC-02 INTERPRETATION*...... 2-59 GC-03 PRECEDENCE OF CONTRACT DOCUMENTS ...... 2-59 GC-04 CONTRACT DOCUMENTS ...... 2-60 GC-05 AUTHORITY OF THE CONTRACTING OFFICER ...... 2-61 GC-06 METRO’S TECHNICAL REPRESENTATIVE (PROJECT MANAGER)...... 2-61 GC-07 INDEPENDENT CONTRACTOR ...... 2-61 GC-08 ORGANIZATIONAL AND KEY PERSONNEL...... 2-61 GC-09 SUBCONTRACTORS AND SUPPLIERS* ...... 2-62 GC-10 PERMITS...... 2-64 GC-11 GOODS*...... 2-65 GC-12 STANDARDS OF PERFORMANCE*...... 2-65 GC-13 UNAUTHORIZED ACTIONS*...... 2-66 GC-14 PERIOD OF PERFORMANCE...... 2-66 GC-15 INSPECTION OF WORK (ACCEPTANCE)*...... 2-67 GC-16 FINAL ACCEPTANCE* ...... 2-67 GC-17 SAFETY* ...... 2-69 GC-18 WARRANTY*...... 2-69 GC-19 RIGHTS IN PROPERTY* ...... 2-69 GC-20 EXTENSION OF TIME ...... 2-70

RFIQ No. PS54330ii Countywide Planning & Development Bench ISSUED: 06.06.18 TABLE OF CONTENTS GC-21 CHANGES...... 2-72 GC-22 AUDIT SOFTWARE ...... 2-74 GC-23 NOTICE OF INTENT TO CLAIM AND CLAIMS...... 2-74 GC-24 RESOLUTION OF DISPUTES ...... 2-75 GC-25 SUSPENSION*...... 2-75 GC-26 TERMINATION FOR CONVENIENCE OF METRO* ...... 2-76 GC-27 TERMINATION FOR DEFAULT* ...... 2-79 GC-28 ASSIGNMENT*...... 2-81 GC-29 ENVIRONMENTAL COMPLIANCE...... 2-82 GC-30 HISTORICAL, ARCHAEOLOGICAL, PALEONTOLOGICAL, AND SCIENTIFIC DISCOVERIES*...... 2-83 GC-31 THE CONTRACTOR'S INTERACTION WITH THE MEDIA AND THE PUBLIC*...... 2-83 GC-32 WHISTLEBLOWER REQUIREMENTS* ...... 2-84 GC-33 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT*...... 2-84 GC-34 SEVERABILITY*...... 2-84 GC-35 GOVERNING LAW* ...... 2-85 GC-36 PUBLIC RECORDS ACT*...... 2-85 GC-37 LIABILITY AND INDEMNIFICATION* ...... 2-85 GC-38 RIGHTS IN TECHNICAL DATA, PATENTS AND COPYRIGHTS*...... 2-89 GC-39 SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE* ...... 2-90 GC-40 AGENT TO ACCEPT SERVICE...... 2-91 GC-41 CONFLICT OF INTEREST* ...... 2-91 GC-42 COVENANT AGAINST CONTINGENT FEES* ...... 2-92 GC-43 NO WAIVER ...... 2-92 GC-44 CONFIDENTIALITY* ...... 2-92 GC-45 SAFETY AND LOSS PREVENTION * ...... 2-93 GC-46 ENGLISH REQUIREMENTS * ...... 2-94 COMPENSATION & PAYMENT PROVISIONS (FIRM FIXED PRICE) ...... 2-95 CP-01 BASIS OF COMPENSATION * ...... 2-96 CP-02 PROGRESS PAYMENTS ...... 2-96 CP-03 RETENTIONS, ESCROW ACCOUNTS AND DEDUCTIONS ...... 2-97 CP-04 PAYMENT TO SUBCONTRACTORS * ...... 2-99 CP-05 PAYMENT OF TAXES * ...... 2-99 CP-06 FINAL PAYMENT *...... 2-100 CP-07 AUDIT REQUIREMENTS * ...... 2-101 EXHIBIT B - STATEMENT OF QUALIFICATIONS (SOQ) ...... 2-111 SBE/DVBE CONTRACT COMPLIANCE MANUAL (NON- FEDERAL) ...... 2-119 SECTION 100 - SMALL BUSINESS ENTERPRISE PROGRAM/ DISABLED VETERAN BUSINESS ENTERPRISE PROGRAM ...... 2-119 SECTION 200 - SBE/DVBE PARTICIPATION...... 2-120 SECTION 300 - CONTRACT COMPLIANCE MONITORING ...... 2-123 SECTION 400 - RESOLUTION OF DISPUTES BETWEEN METRO CONTRACTOR AND SUBCONTRACTORS ...... 2-130 SECTION 500 - ADDING OR SUBSTITUTING OR TERMINATING A SBE/DVBE...... 2-131 SECTION 600 - GOAL ATTAINMENT DURING LIFE OF CONTRACT ...... 2-133 SECTION 700 – SANCTIONS FOR SBE/DVBE PROGRAM VIOLATIONS...... 2-134 SECTION 800 - SMALL BUSINESS ENTERPRISE AND DISABLED VETERAN BUSINESS ENTERPRISE CERTIFICATION...... 2-136 SBE CONTRACT COMPLIANCE MANUAL (SET-ASIDE)...... 2-144 SECTION 100 - SMALL BUSINESS REQUIREMENTS ...... 2-144 SECTION 200 - SBE PARTICIPATION...... 2-145 SECTION 300 - CONTRACT COMPLIANCE MONITORING ...... 2-148

RFIQ No. PS54330iii Countywide Planning & Development Bench ISSUED: 06.06.18 TABLE OF CONTENTS SECTION 400 - RESOLUTION OF DISPUTES BETWEEN METRO CONTRACTOR AND SUBCONTRACTORS ...... 2-154 SECTION 500 - ADDING OR SUBSTITUTING OR TERMINATING A SBE...... 2-155 SECTION 600 - GOAL ATTAINMENT DURING LIFE OF CONTRACT ...... 2-157 SECTION 700 – SANCTIONS FOR SBE PROGRAM VIOLATIONS ...... 2-158 SECTION 800 - SMALL BUSINESS ENTERPRISE CERTIFICATION...... 2-159 APPENDIX A – DIVERSITY AND ECONOMIC OPPORTUNITY MANUAL DEFINITIONS ...... 2-161 APPENDIX B - DIVERSITY AND ECONOMIC OPPORTUNITY MANUAL (NON-FEDERAL) SUBMITTAL FORMS ...... 2-164 CONTRACT COMPLIANCE MANUAL (RC – FTA)...... 2-168 SECTION 100 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ...... 2-168 SECTION 200 - DBE PARTICIPATION...... 2-170 SECTION 300 - ADMINISTRATIVE REQUIREMENTS ...... 2-173 SECTION 400 - CONTRACT COMPLIANCE MONITORING ...... 2-174 SECTION 500 - RESOLUTION OF DISPUTES BETWEEN LACMTA CONTRACTOR AND SUBCONTRACTORS ...... 2-182 SECTION 600 - ADDING OR SUBSTITUTING OR TERMINATING A DBE ...... 2-183 SECTION 700 - GOAL ATTAINMENT DURING LIFE OF CONTRACT ...... 2-185 SECTION 800 - SANCTIONS FOR VIOLATIONS ...... 2-186 APPENDIX A – DIVERSITY AND ECONOMIC OPPORTUNITY MANUAL (FEDERAL) DEFINITIONS2-189 CONTRACT COMPLIANCE MANUAL (FHWA)...... 2-197 SECTION 100 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ...... 2-197 SECTION 200 - DBE PARTICIPATION...... 2-199 SECTION 300 - ADMINISTRATIVE REQUIREMENTS ...... 2-202 SECTION 400 - CONTRACT COMPLIANCE MONITORING ...... 2-203 SECTION 500 - RESOLUTION OF DISPUTES BETWEEN LACMTA CONTRACTOR AND SUBCONTRACTORS ...... 2-210 SECTION 600 - ADDING OR SUBSTITUTING OR TERMINATING A DBE ...... 2-211 SECTION 700 - GOAL ATTAINMENT DURING LIFE OF CONTRACT ...... 2-213 SECTION 800 - SANCTIONS FOR VIOLATIONS ...... 2-214 APPENDIX A – DIVERSITY AND ECONOMIC OPPORTUNITY MANUAL (FEDERAL) DEFINITIONS2-217 APPENDIX B - DBE FORMS...... 2-220 SECTION 3 – BID/PROPOSAL DOCUMENTS ...... 3-0 INSTRUCTIONS TO PROPOSERS...... 3-1 IP-01 PREQUALIFICATION REQUIREMENTS ...... 3-1 IP-02 BIDDERS LIST FORM ...... 3-1 IP-03 RESERVED ...... 3-2 IP-04 EXAMINATION OF RFP DOCUMENTS ...... 3-2 IP-05 INTERPRETATION OF RFP DOCUMENTS...... 3-2 IP-06 COMMUNICATION WITH METRO ...... 3-2 IP-07 AMENDMENT...... 3-3 IP-08 PREPARATION OF SUBMITTAL...... 3-3 IP-09 MODIFICATIONS AND ALTERNATIVE PROPOSALS ...... 3-3 IP-10 SIGNING OF PROPOSAL AND AUTHORIZATION TO NEGOTIATE ...... 3-4 IP-11 SUBMISSION OF PROPOSAL ...... 3-4 IP-12 PROPOSAL EVALUATION PROCESS ...... 3-4 IP-13 WITHDRAWAL OF SUBMITTAL...... 3-5 IP-14 PRE-AWARD AUDIT...... 3-5 IP-15 METRO RIGHTS ...... 3-5 IP-16 PUBLIC RECORDS ACT ...... 3-6 IP-17 DISQUALIFICATION OF PROPOSERS ...... 3-6 IP-18 FILING OF PROTESTS...... 3-6 SBE/DVBE INSTRUCTIONS TO BIDDERS/PROPOSERS ...... 3-7

RFIQ No. PS54330iv Countywide Planning & Development Bench ISSUED: 06.06.18 TABLE OF CONTENTS SECTION 100 - METRO POLICY STATEMENT ...... 3-7 SECTION 200 - CALCULATING AND COUNTING SBE/DVBE PARTICIPATION ...... 3-10 SECTION 300 - SMALL BUSINESS ENTERPRISE AND DISABLED VETERAN BUSINESS ENTERPRISE CERTIFICATION...... 3-13 TABLE 1 - SBE/DVBE BID/PROPOSAL FORMS ...... 3-15 FORM 1 - PROPOSED SUBCONTRACTORS & SUPPLIERS...... 3-16 FORM 2 - AFFIDAVIT...... 3-17 FORM 3 - BUSINESS DATA SHEET ...... 3-18 FORM 4 - PROPOSED LOWER TIER SUBCONTRACTORS & SUPPLIERS...... 3-20 FORM 5 – SBE/DVBE AFFIRMATION...... 3-21 SBE INSTRUCTIONS TO BIDDERS/PROPOSERS AND FORMS (SET ASIDE) ...... 3-22 SECTION 100 SBE PROGRAM ...... 3-22 SECTION 200 CALCULATING AND COUNTING SBE PARTICIPATION...... 3-24 SECTION 300 SMALL BUSINESS ENTERPRISE CERTIFICATION...... 3-26 TABLE 1 - SBE PROPOSAL FORMS ...... 3-29 FORM 1 - PROPOSED SUBCONTRACTORS & SUPPLIERS...... 3-30 FORM 2 – COMMERCIAL USEFUL FUNCTION AFFIDAVIT ...... 3-31 FORM 3 - BUSINESS DATA SHEET ...... 3-32 FORM 4 - PROPOSED LOWER TIER SUBCONTRACTORS & SUPPLIERS...... 3-34 FORM 5 - SBE AFFIRMATION ...... 3-35 DBE INSTRUCTIONS TO BIDDERS/PROPOSERS AND FORMS (FTA-SA)...... 3-36 SECTION 100 DBE PROGRAM...... 3-36 SECTION 200 CALCULATING AND COUNTING SBE PARTICIPATION...... 3-38 SECTION 300 SMALL BUSINESS ENTERPRISE CERTIFICATION...... 3-41 TABLE 1 - SBE PROPOSAL FORMS ...... 3-43 FORM 1 - PROPOSED SUBCONTRACTORS & SUPPLIERS...... 3-44 FORM 2 – COMMERCIAL USEFUL FUNCTION AFFIDAVIT ...... 3-45 FORM 3 - BUSINESS DATA SHEET ...... 3-46 FORM 4 - PROPOSED LOWER TIER SUBCONTRACTORS & SUPPLIERS...... 3-48 FORM 5 - SBE AFFIRMATION ...... 3-49 DBE INSTRUCTIONS TO BIDDERS/PROPOSERS AND FORMS (FEDERAL) ...... 3-50 SECTION 100 - DBE PROGRAM...... 3-50 SECTION 200 - DBE PARTICIPATION...... 3-51 SECTION 300 - COMMERCIAL USEFUL FUNCTION AND COUNTING DBE PARTICIPATION..3-54 SECTION 400 - GOOD FAITH EFFORTS ...... 3-56 ATTACHMENT A - SAMPLE ADVERTISEMENT ...... 3-66 ATTACHMENT B - NEWSPAPER ADVERTISEMENT LOG ...... 3-67 ATTACHMENT C - SELECTED WORK CATEGORIES FORM...... 3-68 ATTACHMENT D - SAMPLE LETTER OF SOLICITATION...... 3-69 ATTACHMENT E - SOLICITATION FOLLOW-UP LOG ...... 3-70 ATTACHMENT F - LIST OF ALL FIRMS/SOLICITATION RESPONSES RECEIVED ...... 3-71 ATTACHMENT G – WRITTEN SOLICITATION SUBMITTAL FORM...... 3-72 ATTACHMENT H – BIDDER/PROPOSER NOTARIZED CERTIFICATION OF GOOD FAITH EFFORTS...... 3-73 SECTION 500 - DBE CERTIFICATION...... 3-74 SECTION 700 - CONTRACT COMPLIANCE...... 3-75 TABLE 1 - DBE COMMITMENT FORMS...... 3-76 FORM 1 – PROPOSED LIST OF SUBCONTRACTORS AND SUPPLIERS...... 3-77 FORM 2 – DBE AFFIDAVIT ...... 3-78 FORM 3 - DBE PROPOSED LOWER TIER SUBCONTRACTORS & SUPPLIERS ...... 3-79 FORM 4 - BUSINESS DATA SHEET (DBE) ...... 3-80 FORM 5 - DBE AFFIRMATION ...... 3-82 SUBMITTAL REQUIREMENTS...... 3-83

RFIQ No. PS54330v Countywide Planning & Development Bench ISSUED: 06.06.18 TABLE OF CONTENTS 1.1 GENERAL FORMAT ...... 3-83 1.2 PROPOSAL CONTENT ...... 3-83 EVALUATION CRITERIA ...... 86 SECTION 4 – PRE-QUALIFICATION DOCUMENTS...... 4-0 CONTRACTOR PRE-QUALIFICATION APPLICATION...... 4-1 PRE-QUALIFICATION APPLICATION INSTRUCTIONS...... 4-2 DEFINITIONS ...... 4-2 SECTION I: IDENTIFICATION ...... 4-3 SECTION II: OWNERSHIP/MANAGEMENT, PROJECT TEAM MEMBERS, AND RELATED ENTITIES...... 4-4 SECTION III: CIVIL ACTIONS...... 4-5 SECTION IV: COMPLIANCE WITH LAWS AND OTHER REGULATIONS...... 4-6 SECTION V: ETHICS ...... 4-7 SECTION VI: ADDITIONAL DOCUMENTATION REQUIRED...... 4-8 FINANCIAL STATEMENT ...... 4-9 SECTION 5 – BID/PROPOSAL FORMS ...... 5-0 PROPOSAL LETTER ...... 5-1 BIDDERS LIST FORM...... 5-5 LIST OF CURRENT PROJECTS – LAST FIVE (5) YEARS...... 5-6 LIST OF COMPLETED PROJECTS – LAST FIVE (5) YEARS ...... 5-7 FORM 60 AND INSTRUCTIONS ...... 5-8 SECTION 6 – REQUIRED CERTIFICATIONS ...... 6-0 ETHICS DECLARATION ...... 6-1 GENERAL CERTIFICATIONS...... 6-3 CERTIFICATE OF COMPLIANCE WITH 49 CFR PART 655, PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS ...... 6-5 CERTIFICATION OF COMPLIANCE WITH FEDERAL LOBBYING REQUIREMENTS (49 CFR PART 20)...... 6-7 CERTIFICATION OF PROSPECTIVE CONTRACTOR REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION ...... 6-18 CERTIFICATION OF PROSPECTIVE LOWER TIER PARTICIPANT REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION ...... 6-22

* All Articles, Subarticles, or portions of the Contract noted by an asterisk (*) shall be included in (flow- down to) all Subcontracts of any tier.

RFIQ No. PS54330vi Countywide Planning & Development Bench ISSUED: 06.06.18 TABLE OF CONTENTS SECTION 1 – LETTER OF INVITATION This page is intentionally blank Los Angeles County One Gateway Plaza 213.922.2000 Tel LETTERMetropolitan Transportation OF INVITATION Authority FORLos PROPOSAL Angeles, CA 90012-2952 metro.net

June 6, 2018

ATTENTION: Prospective Proposer

SUBJECT:REQUEST FOR INTERESTS AND QUALIFICATIONS (RFIQ) FOR RFIQ No. PS54330, Countywide Planning & Development Bench

Los Angeles County Metropolitan Transportation Authority (Metro) has established a contracting opportunity to establish a list of qualified contractors (Bench) to provide professional and technical services in various disciplines, as outlined in the Statement of Qualifications (SOQ). The Bench is intended to assist in the planning and design of multimodal transportation projects and programs including short and long range planning and programming, regional mobility and connectivity-planning and improvements, active transportation planning, station and facility designs, system integrations, rail and bus-way projects, land use, grants management, and goods movement.

Metro does not guarantee award of Work to the selected Contractors and reserves unconditional rights to perform all work stated herein by own or other agency forces. Metro may make changes within the general scope of the resultant Contracts in the best interest of Metro and the general public. The resultant Contracts, if awarded, will be funded by a variety of sources, including: state, federal, and local grants, bonds, and tax measures; and will be contingent on fiscal year availability. The Bench will be for a term of three (3) years with two one-year options.

The anticipated projects under such Bench include small-scale projects or supplemental work to support and complement the large-scale projects performed outside the scope of work of such Bench. The award will be in the form of a Task Order. Having a place on the Bench does not guarantee receipt of a Task Order.

Metro intends to create a Bench of qualified subject matter experts. Firms may submit qualifications for one or more disciplines; however, a separate proposal must be submit for each discipline the firm wishes to be considered for. Each qualified participant may be selected for one or more of the SOQ listed disciplines for which they submit interest and qualifications statements.

Evaluation will be based upon the experience of the firm and the firm’s staff members within that discipline, as stated in the evaluation criteria in the Request for Interests and Qualifications (RFIQ). Every qualification statement submitted under each step listed in the SOQ must be a “stand alone” type statement sufficient to assess the firm’s technical capability in that area by itself.

Architect and Engineering (A&E) Services are defined as professional services of an architect or real property engineer associated with research development, design, construction, alteration, or repair of real property that are required by virtue of law to be performed by a California registered or licensed architect or engineer. Types of services may include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services.

METRO GA18-54 LOI - RFP RFIQ NO. PS54330 1-1 PRO FORM 028 ISSUED: 06.06.18 REVISION DATE: 11.02.09 Non-A&E Services are defined as those requirements not needing the professional services of an Architect or Engineer and price being a factor for evaluation and award.

Any A&E Task Order requirement will be competed among Bench firms qualified for that skillset, and each of the qualified firms will be sent an RFP for that specific Task Order requirement. Technical proposal evaluation will be performed on all proposers based on the specific evaluation criteria for that Task Order. For Proposers invited to oral presentations, proposers will be required to submit separately sealed price offers using Metro’s Form 60 and the appropriate Diversity & Economic Opportunity Department (DEOD) forms, which identify participation. Only the most qualified firm’s price proposal will be opened for discussion. Disadvantaged Business Enterprise (DBE), Small Business Enterprise (SBE), and/or Disabled Veteran Business Enterprise (DVBE) participation listed on the Form 60 and DEOD forms will be listed in the executed Task Order as the DBE/SBE/DVBE participation the Awardee has committed to achieve during the performance of the Task Order.

For non-A&E Task Order proposals, a complete Metro Form 60 and the appropriate DEOD (DBE/SBE/DVBE) Forms, which identify participation, will be required at the time the proposal is submitted. The Task Order award will be made competitively, to the highest evaluated proposer, with price being a consideration.

All prime proposers and major first tier subcontractors whose total price is anticipated to be equal to or greater than $100,000 will be required to complete and submit a Contractor Pre- Qualification Application. Failure to submit a complete application may cause your proposal to be rejected as non-responsive.

Prime contractor and major first tier subcontractor applications are due on or before the proposal due date. Do not put copies of pre-qualification documents in your proposal.

As part of the RFIQ process, Proposers are encouraged to form teams to include DBE, SBE and/or DVBE firms to perform the scope of work identified within the DBEs/SBEs/DVBEs discipline(s) without schedules or specific dollar commitments prior to establishment of the Bench.

Once the Bench is established, Metro’s DEOD will determine the DBE, SBE and/or DVBE participation goal upon review of each task order issued under the Bench. The DBE, SBE and/or DVBE goal will be established based on the estimated dollar value for each Task Order, funding source, scope of work, and subcontracting opportunities.

If federal funding is used for a Task Order, a DBE participation goal percentage may be established. If state/local funding is used for a Task Order, an SBE/DVBE participation goal percentage may be established.

If a Bench discipline has at least three (3) Metro SBEs qualified for that Bench discipline, the Task Order solicitation will only be open to those Metro SBEs. Non-SBE firms qualified under the impacted discipline will not be eligible for the Task Order solicitation and/or Task Order award unless one of the following exceptions occurs:

1. If there are fewer than three (3) Metro SBE firms qualified for the Bench discipline, the SBE Set-Aside Program does not apply.

METRO GA18-54 LOI - RFP RFIQ NO. PS54330 1-2 PRO FORM 028 ISSUED: 06.06.18 REVISION DATE: 11.02.09 2. If, as the result of a Task Order solicitation to Metro certified SBEs, no certified Metro SBEs are responsive, responsible, or do not meet the minimum qualification requirements to perform the work, then the SBE Set-Aside Program does not apply and the solicitation may be opened up to all qualified firms within the Bench discipline.

The Contractor shall perform a Commercially Useful Function throughout the performance of the contract. The Contractor shall comply with the SBE Program requirements provided in the Contract Compliance Manual Federal or Non-Federal.

Proposals for the above-identified Contract must be submitted in sealed envelopes by mail or hand delivered to the address below and received by Metro no later than 2:00 p.m. on Monday, July 9, 2018. The only acceptable evidence to establish the time of receipt is the date/time stamp imprinted upon the Proposal package by the date/time recorder at the 9th floor procurement reception desk.

Los Angeles County Metropolitan Transportation Authority (Metro) One Gateway Plaza Los Angeles, CA 90012-2952 9th Floor Receptionist RFIQ No. PS54330 Discipline No. and title

The RFIQ document is available for download at “www.metro.net”.

The 9th floor procurement reception desk is open Monday through Friday (except holidays) between the hours of 9:00 a.m. and 4:00 p.m.

METRO GA18-54 LOI - RFP RFIQ NO. PS54330 1-3 PRO FORM 028 ISSUED: 06.06.18 REVISION DATE: 11.02.09 All communications in connection with this RFP shall be provided as follows:

By U.S. Mail, FedEX, Los Angeles County UPS, or courier Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952 Attention: Lily Lopez, Contract Administration Manager RFIQ No. PS54330

 By Phone to (213) 922 - 4639 Los Angeles County Metropolitan Transportation Authority  By FAX to (213) 922 - 1005 Attention: Lily Lopez, Contract Administration Manager RFIQ No. PS54330  By e-mail to: [email protected] Diversity & Equal Opportunity Marco Garcia, (213) 418-3124

Ethics or Lobbyist Registration Information, (213) 922-2900

Pre-Qualification Department, (213) 922-4130

A Pre-Proposal Conference will be held on Wednesday, June 13, 2018, at 1:30 p.m., in the Board Room on the 3rd Floor of the Metro Gateway Plaza Building (please arrive 30 minutes early for check-in). Attendance is not mandatory to be considered for award of a contract; however, attendance is encouraged. Note that Metro does not pay for parking or validate tickets.

Any Bench Contracts awarded will be made to the proposer(s) whose submittals meet the requirements of the RFIQ and are most advantageous to Metro based upon the evaluation criteria. Metro reserves the right to reject any or all submittals, to waive informalities or irregularities to the extent permitted by law in any proposal received, and to be the sole judge of the merits of the respective submittal received.

No funds will be attached to the Bench Contracts. All funds will be attached to individual Task Orders. The terms and conditions in this solicitation will govern all Task Orders issued for the life of the contracts awarded.

Issued by:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Lily Lopez Contract Administration Manager

METRO GA18-54 LOI - RFP RFIQ NO. PS54330 1-4 PRO FORM 028 ISSUED: 06.06.18 REVISION DATE: 11.02.09 LETTER OF INVITATION SUPPLEMENT (RC-FTA)

FOR RC-FTA FUNDED CONTRACTS:

Bidders/Proposers are hereby notified that:

This project is funded in whole or in part with US Department of Transportation (DOT) funds and will comply with LACMTA’s Race Conscious Disadvantaged Business Enterprise (RC DBE) Program requirements. LACMTA shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any federal- assisted contract or in the administration of its DBE program or the requirements of 49 Code of Federal Regulations (CFR) Part 26, as amended.

A. LACMTA has determined that this solicitation is subject to the race neutral “Small Business Enterprise Set-Aside” program. Pursuant to the LACMTA DBE Program Race-Neutral SBE Set-Aside Policy and in compliance with 49 CFR Section 26.39 “Fostering Small Business Participation”:

1. The SBE Set Aside program applicability will be determined on each Task Order, based on the amount of SBE firms qualified on the bench discipline.

2. Bidders/Proposers are hereby notified that bids or proposals for this FTA funded contract shall only be considered from certified SBE firms in accordance with LACMTA SBE certification requirements.

3. Bidders/Proposers must be certified by LACMTA as an SBE at the time of bid or proposal due date to be eligible for a set-aside contract award. Any firm seeking to be certified as an SBE shall comply with LACMTA’s SBE certification process detailed in LACMTA’s website at http://metro.net/connect.

4. Bidders/Proposers must perform a commercially useful function (CUF) during the performance of the contract. An SBE is presumed to be performing a CUF when it performs and exercises responsibility for at least thirty percent (30%) of the total cost of the contract work with its own workforce. Metro encourages SBE Primes to consider joint venture opportunities with other SBEs firms. However, should an SBE choose to joint venture with a non-SBE, the SBE partner shall perform a CUF. Currently, instruction for counting and calculating SBE credit is included in the Instructions to Bidders/Proposers. As referenced in the instructions, Metro will only credit SBE participation, for firms performing a CUF.

5. Bidders/Proposers shall provide LACMTA, as part of its bid/proposal, a complete list (including names and addresses) of all subcontractors (SBE and non-SBE) who will perform any portion of the contract work. Instructions to Bidders/Proposers provide the SBE Set-Aside Bid/Proposal Forms that must be completed and submitted by all Bidders/Proposers at time of bid or proposal due date.

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-5 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 B. LACMTA will establish a “Race Conscious Disadvantaged Business Enterprise” (RC DBE) contract goal on a Task Order Basis.

For a Bidder/Proposer to be considered responsive to the RC DBE goal, they must:

1. Bidders/Proposers shall provide Metro, as part of its bid/proposal, a complete list (including names and addresses) of all subcontractors (DBE and non-DBE) who will perform any portion of the required scopes of work. Bidders/Proposers shall include the scope of work committed to each subcontractor. As part of the RFIQ process, Bidders/Proposers should designate DBE firms (i.e. subcontractors) to be utilized without schedules or expenditures specified.

2. Bidders/Proposers shall meet or exceed the DBE goals established per Task Order. If the RC DBE goal is not met at the time of bid/proposal submittal, Bidder/Proposer must submit Good Faith Efforts (GFE) documentation with its bid/proposal. Bidder/Proposer determined to have not adequately documented GFE will be deemed non-responsive to the RC DBE goal. Bidders/Proposers are referred to the DBE Instructions to Bidders/Proposers for additional GFE requirements.

3. RC DBE contract goal(s) applies to all federal DBE groups, which includes: African Americans, Asian Pacific Americans, Native Americans, Hispanic Americans, Subcontinent Asian Americans, and Women (including Caucasian Women)

4. DBE Instructions to Bidders/Proposers provide guidelines on how DBE commitments will be counted toward the goal and designates the DBE Commitment Forms that must be completed and submitted by all Bidders/Proposer by the bid/proposal due date.

5. DBEs must perform a commercially useful function (CUF) during the performance of the contract. A DBE is presumed to be performing a CUF when it performs and exercises responsibility for at least thirty percent (30%) of the total cost of the contract work with its own workforce. Metro encourages Primes to consider joint venture opportunities with DBE firms. The DBE partner(s) shall perform a CUF. Currently, instruction for counting and calculating DBE credit is included in the Instructions to Bidders/Proposers. As referenced in the instructions, Metro will only credit DBE participation for firms performing a CUF.

6. The level of DBE participation Bidders/Proposers commit to in its bid/proposal becomes the Offeror’s DBE contract commitment. The DBE commitment will be listed in the Special Provisions of the contract and shall be enforced by Metro. After award, DBE commitments shall apply to contract options, changes and/or modifications. While the overall goal is 30% DBE, Metro will monitor DBE commitments for each task order issued throughout the contract term, as described in the Contract Compliance Manual (Federal), General Conditions and Special Provisions of the contract.

7. All DBE firms must be certified under the California Unified Certification Program (CUCP) by the bid/proposal due date. A List of Certified DBE Firms is attached for your convenience, and may be used to assist with outreach efforts. An additional resource is the online CUCP database inclusive of certified DBEs from all certifying agencies participating in the CUCP. Access the CUCP database from the METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-6 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 Department of Transportation, Civil Rights, Business Enterprise Program website at: http://www.dot.ca.gov/hq/bep.

a. Click on the link in the left menu titled Disadvantaged Business Enterprise (DBE); b. Click on Search for a DBE Firm c. Click on Click here To Access DBE Query Form d. Searches can be performed by one or more criteria e. Follow instructions on the screen f. “Civil Rights Home,” and “Caltrans Home” links are located at the top of the query form

C. DBE Contracting Outreach and Mentoring Plan (COMP) is required for this Project

1. At a minimum, Proposers shall mentor a total of (XX firms) for Protégé development as part of the SBE/DVBE Contracting Outreach and Mentoring Plan (COMP).

2. Bidders/Proposers must submit as part of its bid/proposal a DBE Contracting Outreach and Mentoring Plan (COMP) evidencing how it will achieve its listed commitments through the utilization of DBE firms for the project. Bidders/Proposers shall include in its plan creative strategies and innovative non-traditional approaches to include DBE’s in all phases of subcontracting, inclusive of a mentor protégé development approach. The DBE COMP will be reviewed and approval by Metro.

3. Bidders/Proposers shall host at least one outreach event with the DBE and small business community and stakeholders. Bidders/Proposers shall submit with its bid/proposal an assessment of the event(s) in the executive summary of the DBE COMP and describe plan to follow-up with DBE firms after contract award to meet the DBE commitment. The outreach event shall be held at least fifteen (15) days prior to the bid/proposal due date. Bidders/Proposers are required to notify the Diversity & Economic Opportunity Department (DEOD) assigned Contract Compliance Officer of their DBE outreach event(s). Metro may attend as an observer but are not obligated to attend. Bidders/Proposers are responsible for their own outreach to the DBE and small business community. Metro is willing to assist Bidders/Proposers in their outreach efforts by posting event(s) advertisements to Metro outreach calendar of events.

4. Metro expect Proposers to develop a subcontracting approach and implement initiatives, that would include processes and procedures for outreach, prompt and expedited payment for DBEs, provide technical assistance initiatives, implement mentor protégé development plan, create opportunities for joint venturing, teaming and partnering with DBE firms in the ordinary course of its business/teaming strategy to exceed the stated goals. Metro is interested in hearing creative strategies and innovative non-traditional approaches to include DBEs in all phases of subcontracting. The Contracting Outreach and Metro Protégé Approach shall be included with forms submitted as required.

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-7 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 D. LACMTA has not established a “Race Conscious Disadvantaged Business Enterprise (RC DBE)” contract goal for this project.

It is LACMTA’s policy to provide equal opportunity for DBE firms to compete on its federally-assisted contracts. The successful Bidder/Proposer shall utilize DBE firms when opportunities are available during the performance of the contract. DBE participation obtained when a contract goal is not established is counted as RN participation.

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-8 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 LETTER OF INVITATION SUPPLEMENT (FHWA) FOR FHWA FUNDED CONTRACTS

Bidders/Proposers are hereby notified that:

This project is funded in whole or in part with Federal Highway Administration (FHWA) funds, and will comply with the California Department of Transportation's (Caltrans) DBE Program requirements.

A. LACMTA will establish a “Disadvantaged Business Enterprise” (DBE) contract goal on a Task Order Basis.

2. Bidders/Proposers shall meet or exceed the DBE goals established per Task Order. If the RC DBE goal is not met at the time of bid/proposal submittal, Bidder/Proposer must submit Good Faith Efforts (GFE) documentation with its bid/proposal with each Task Order. GFE documentation will be sent to Caltrans for review. Bidder/Proposer determined to have not adequately documented GFE will be deemed non-responsive to the RC DBE goal. Bidders/Proposers are referred to the DBE Instructions to Bidders/Proposers for additional GFE requirements.

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-9 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 throughout the contract term, as described in the Contract Compliance Manual (Federal), General Conditions and Special Provisions of the contract.

7. All DBE firms must be certified under the California Unified Certification Program (CUCP) by the bid/proposal due date. A List of Certified DBE Firms is attached for your convenience, and may be used to assist with outreach efforts. An additional resource is the online CUCP database inclusive of certified DBEs from all certifying agencies participating in the CUCP. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program website at: http://www.dot.ca.gov/hq/bep.

B. LACMTA has not established a “Disadvantaged Business Enterprise (DBE)” contract goal for this project.

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-10 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 LETTER OF INVITATION SUPPLEMENT RFP (NON - FEDERAL)

Proposers are hereby notified that:

This project is funded, in whole or in part, with non-federal funds and will comply with Metro’s Small Business Enterprise (SBE) and Disabled Veteran Business Enterprise (DVBE) or Medium-Size Business Enterprise (MSZ) program requirements. Metro shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any non-federally funded contract or in the administration of its SBE or MSZ program.

Please note: Proposers are notified of changes made to this Invitation Supplement.

The box(es) checked below is/are applicable for this contract:

A. Metro has determined that this solicitation is subject to the race neutral “Small Business Enterprise Set-Aside” program, pursuant to the Metro SBE Program Race- Neutral SBE Set-Aside Policy:

1. The SBE Set Aside program applicability will be determined on each Task Order, based on the amount of SBE firms qualified on the bench discipline.

2. Bidders/Proposers are hereby notified that bids or proposals for this state and/or locally funded project shall only be considered from certified SBE Firms on accordance with Metro SBE Certification requirements.

3. Bidders/Proposers must be certified by Metro as an SBE at the time of bid or proposal due date to be eligible for a set-aside contract award. Offeror shall provide, as part of its bid/proposal, copies of SBE certification letters issued by Metro.

4. Any firm seeking to be certified as an SBE shall comply with Metro’s SBE certification process detailed in Metro’s website at www.metro.net/connect.

5. Bidders/Proposers must perform a commercially useful function (CUF) during the performance of the contract. An SBE is presumed to be performing a CUF when it performs and exercises responsibility for at least thirty percent (30%) of the total cost of the contract work with its own workforce. Metro encourages SBE Primes to consider joint venture opportunities with other SBEs firms. However, should an SBE choose to joint venture with a non-SBE, the SBE partner shall perform a CUF. Currently, instruction for counting and calculating SBE credit is included in the Instructions to Bidders/Proposers. As referenced in the instructions, Metro will only credit SBE participation, for firms performing a CUF.

6. Bidders/Proposers shall provide Metro, as part of its bid/proposal, a complete list (including names and addresses) of all subcontractors (SBE and non-SBE) who will perform any portion of the contract work. Instructions to Bidders/Proposer provide the SBE Set-Aside Forms that must be completed and submitted by all Offerors at time of bid or proposal due date.

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-11 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 B. Metro has determined that this solicitation is a “Medium-Size Business Enterprise Program” project, pursuant to Metro’s MSZ program guidelines:

1. Proposers are hereby notified that proposals for this state and/or locally funded project shall first be considered from MSZs in accordance with Metro’s requirements.

2. MSZs are defined as firms with a three (3) year average of $25 million - $250 million in gross annual revenue and with more than 25 employees.

3. Metro does not have, nor will it maintain in the future, a database that identifies MSZs by North American Industry Classification System (NAICS) codes. Therefore, the Letter of Invitation for the solicitation will announce the MSZ program. MSZs responding to the solicitation shall identify themselves as MSZs that meet the Metro definition, which will be validated by the Metro Vendor Contract Management Pre- Qualification Office as part of the Metro Pre-Qualification process.

4. The solicitation will allow any size firm to propose. However, Metro will entertain proposals from firms that are non-MSZ only in the event Metro does not receive more than one MSZ proposal. If more than one responsive and responsible MSZ proposal is received, Metro may make an award.

5. All Proposers are required to comply with the SBE/DVBE goal requirement as indicated in this Letter of Invitation.

6. Once the MSZ contract is awarded, the Prime contractor must perform at least 30% of the work/services.

C. LACMTA will establish an SBE/DVBE goal on a Task Order Basis.

1. Proposers shall provide Metro, as part of its proposal, a complete list (including names and addresses) of all subcontractors who will perform any portion of the required scopes of work. Proposers shall include the scope of work committed to each subcontractor. As part of the RFIQ process, Bidders/Proposers should designate SBE/DVBE firms (i.e. subcontractors) to be utilized without schedules or expenditures specified.

2. For a Proposer to be considered responsive to the SBE/DVBE goal, it must meet or exceed the goal established per task order at time of proposal due date. Good Faith Efforts (GFE) is no longer accepted if the goal is not met. Proposers that do not meet the goal will not be eligible for award.

3. SBE/DVBE Instructions provide guidelines on how SBE/DVBE commitments will be counted toward the goal and designate the SBE/DVBE Commitment Forms that must be completed and submitted by all Proposers by the proposal due date.

4. SBEs/DVBEs must perform a commercially useful function (CUF) during the performance of the contract. An SBE/DVBE is presumed to be performing a CUF when it performs and exercises responsibility for at least thirty percent (30%) of the total cost of the contract work with its own workforce. Metro encourages Primes to consider joint venture opportunities with SBE or DVBE firms. The SBE or DVBE partner(s) shall perform a CUF. Currently, instruction for counting and calculating SBE/DVBE credit is

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-12 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 included in the Instructions to Proposers. As referenced in the instructions, Metro will only credit SBE or DVBE participation for firms performing a CUF.

5. The level of SBE/DVBE participation Proposers commit to in its proposal becomes the Proposer’s SBE/DVBE contract commitment. The SBE/DVBE commitment will be listed in the Special Provisions of the contract and shall be enforced by Metro. After award, SBE/DVBE commitments shall apply to contract options, changes and/or modifications. Metro will monitor SBE/DVBE commitments throughout the contract term, as described in the Contract Compliance Manual (Non-Federal), General Conditions and Special Provisions of the contract.

6. Firms must be SBE and/or DVBE certified by the proposal due date to be counted toward the listed contract goal. Metro will accept the SBE and DVBE certifications from the listings below:

A. Metro certified Small Business Enterprise firms: A list of Certified SBE firms was provided in the RFP for your convenience, and shall be used to assist with outreach efforts. You may also locate Metro SBE firms for outreach through the Metro SBE Query Directory at http://smallbusinessquery.metro.net/pages/naics_lookup.aspx.

B. Disabled Veteran Business Enterprise: The California Department of General Services (DGS) - DVBE Directory can be found and used for outreach on the DGS website at https://caleprocure.ca.gov/pages/PublicSearch/supplier- search.aspx

C. Proposers shall submit, as part of its proposal copies of all SBE/DVBE certification letters.

D. SBE/DVBE CONTRACTING OUTREACH AND MENTORING PLAN (COMP) IS REQUIRED FOR THIS PROJECT:

1. At a minimum, Proposers shall mentor a total of (XX firms), (X) SBE and (X) DVBE firm, for Protégé development as part of the SBE/DVBE Contracting Outreach and Mentoring Plan (COMP).

2. Proposers must submit as part of its proposal a SBE/DVBE COMP evidencing how it will achieve its listed commitments through the utilization of SBE/DVBE firms for the project. Proposers shall include in its plan creative strategies and innovative non-traditional approaches to include SBE’s and DVBE’s in all phases of subcontracting, inclusive of a mentor protégé development approach. The SBE/DVBE COMP will be reviewed and approved by Metro.

3. Proposers shall host at least one outreach event with the SBE/DVBE and small business community and stakeholders. Proposers shall submit with its proposal an assessment of the event(s) in the executive summary of the SBE/DVBE COMP and describe the plan to follow-up with SBE/DVBE firms after contract award to meet the SBE/DVBE commitment. The outreach event shall be held at least fifteen (15) days prior to the proposal due date. Proposers are required to notify the Diversity & Economic Opportunity Department (DEOD) assigned Contract Compliance Officer of their SBE/DVBE outreach event(s). Metro may attend as an observer but are not obligated to METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-13 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 attend. Proposers are responsible for their own outreach to the SBE/DVBE and small business community. Metro is willing to assist Proposers on their outreach efforts by posting event(s) advertisements to metro outreach calendar of events.

4. Metro expect Proposers to develop a subcontracting approach and implement initiatives, that would include processes and procedures for outreach, prompt and expedited payment for SBE/DVBEs, provide technical assistance initiatives, implement mentor protégé development plan, create opportunities for joint venturing, teaming and partnering with SBE/DVBE firms in the ordinary course of its business/teaming strategy to exceed the stated goals. Metro is interested in hearing creative strategies and innovative non-traditional approaches to include SBE/DVBE’s in all phases of subcontracting. The Contracting Outreach and Metro Protégé Approach shall be included with forms submitted in Volume II – Certification Forms.

E. A SBE/DVBE GOAL WAS NOT RECOMMENDED FOR THIS PROJECT

Pursuant to the SBE/DVBE Program, if the Proposer identifies subcontracting opportunities in the solicitation process or during the performance of the contract, Metro expects the Proposer to afford equal opportunities available to SBE and DVBE firms.

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-14 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 LIST OF CERTIFIED FIRMS (DISCLAIMER) (DBE Instructions to Bidders/Proposers and Forms Document 068 – Attachment I)

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-15 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 LIST OF DBE CERTIFIED FIRMS (Supplemental Instructions to Bidders/Proposers) NAICS: 541310, 541320, 541330, 541370, 541430, 541613, 541620, 541910, 541990 Run Date: 06/01/18 DISCLAIMER: Offerors are hereby given notice and advised that the list of certified Disadvantaged Business Enterprises (DBE) contained herein is made available as a outreach resource for offeror's CONVENIENCE ONLY. Metro explicitly expresses that the listing shall not be deemed to be an endorsement of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform work on Metro projects. The certification process does not qualify a firm ’s capability to perform. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE certification eligibility requirements, please contact the Diversity & Equal Opportunity Department (DEOD) Hotline (213) 922-2600, facsimile (213) 922-7660. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.Metro.net For additional information regarding DBE certifications, please go to www.californiaucp.org

Firm/DBA Name Address City State Zip Email Contact Phone Gender Ethnicity

541310 Architechtural Services A & M CONSULTING ENGINEERS 208 W MAIN ST VISALIA CA 93291 [email protected] JAVIER ANDRADE 559 991-5408 M HISPANIC A2 STUDIOS, INC 3788 PARK BLVD., #6 SAN DIEGO CA 92103 [email protected] JOSE ANTONIO GARCIA 619 688-2606 M HISPANIC ABA 22 WAWONA STREET SAN FRANCISCO CA 94127 [email protected] NAHLA AWAD 415 661-6486 F CAUCASIAN ACI ARCHITECTURAL CONCEPTS INC 2311 KETTNER BLVD, STUDIO B SAN DIEGO CA 92101 [email protected] MARGIT WHITLOCK 619 531-0110 F CAUCASIAN AE3 PARTNERS, INC. 275 BATTERY STREET, SUITE 1050 SAN FRANCISCO CA 94111 [email protected] DOUG DAVIS, PRINCIPAL 415 233-9991 M BLACK AGA DESIGN GROUP 2100 N. SEPULVEDA BLVD., SUITE 44 MANHATTAN BEACH CA 90266 [email protected] GOITOM TEKLETSION 310 546-5550 M BLACK AGUILAR & ASSOCIATES 1400 QUAIL STREET #255 NEWPORT BEACH CA 92660 [email protected] GUILLERMO AGUILAR 949 387-5949 M HISPANIC AMERICAN DESIGN INC 1243 N 10TH STREET MILAUKEE WI 53205 [email protected] JOHN T. WILLIAMS 414 263-5020 M BLACK AMY BRAUN ARCHITECTS 1341 NORTH MILLER STREET ANAHEIM CA 92806 [email protected] AMY BRAUN 714 646-9582 F CAUCASIAN ANNE PHILLIPS ARCHITECTURE 3032 MAGNOLIA STREET OAKLAND CA 94608 [email protected] ANNE PHILLIPS 510 841-7056 F CAUCASIAN ARCHIMORPHIC INC 250 EAST 1ST STREET, SUITE 401 LOS ANGELES CA 90012 [email protected] LUOYA TU 213 537-0252 F ASIAN PACIFIC ARCHITECTURAL LANDSCAPE 12145 RAGWEED STREET SAN DIEGO CA 92129 [email protected] RENAE WENZIG 858 484-1098 F CAUCASIAN ASI WEST 1905 W THOMS STREET, STE. 206D HAMMOND LA 70401 [email protected] FREDRICK HOLLIDAY 504 355-3450 M BLACK ATELIER DEVELOPMENT COMPANY, INC. 300 NORTH LAKE AVE, 12TH FLOOR PASADENA CA 91101 [email protected] CURTIS INSONG RO 626 792-5450 M ASIAN PACIFIC ATELIER L.A. DESIGN & DEVELOPMENT, INC. 2236 BEVERLY BLVD LOS ANGELES CA 90057 [email protected] DYLAN FONSECA 310 237-5544 M HISPANIC AVIVA LITMAN CLEPER ARCHITECTS 55 NEW MONTGOMERY ST., #702 SAN FRANCISCO CA 94105 [email protected] AVIVA LITMAN CLEPER 415 977-0799 F CAUCASIAN B PLUS U, LLP 834 S. BROADWAY #502 LOS ANGELES CA 90014 [email protected] SCOTT URIU 213 623-2347 M ASIAN PACIFIC BARRIO PLANNERS INC 5271 EAST BEVERLY BLVD LOS ANGELES CA 90022 [email protected] FRANK VILLALOBOS 323 726-7734 M HISPANIC BASE ARCHITECTURE PLANNING AND ENGINEERING, INC 9841 AIRPORT BLVD. LOS ANGELES CA 90045 [email protected] MICHAEL ANDERSON 310 988-1080 M BLACK BOBBY KNOX, AIA, ARCHITECTS, INC 2950 LOS FELIZ BLVD., STE. 202 LOS ANGELES CA 90039 [email protected] BOBBY KNOX 323 663-5174 M BLACK BROOKS + SCARPA ARCHITECTS, INC. 4611 W. SLAUSON AVENUE LOS ANGELES CA 90043 [email protected] ANGELA BROOKS 323 596-4702 F CAUCASIAN CERVANTES DESIGN ASSOCIATES 89 COLERIDGE STREET SAN FRANCISCO CA 94110 [email protected] ANNE CERVANTES 415 695-1751 F HISPANIC CHAN YOUNG ARCHITECTS 2601 E. CHAPMAN AVE. #213 FULLERTON CA 92831 [email protected] TIMOTHY CHAN YOUNG 949 352-9765 M ASIAN PACIFIC CHOI + ROBLES ARCHITECTURE, LLP 2252 HARBOR BAY PKWY ALAMEDA CA 94502 [email protected] EDMUND CHOI 510 523-9123 M ASIAN PACIFIC CHU+GOODING ARCHITECTS, INC. 818 S. BROADWAY LOS ANGELES CA 90014 [email protected]; [email protected] ANNIE CHU 213 623-8833 F ASIAN PACIFIC CITY DESIGN STUDIO, LLC 1100 S. FLOWER STREET, SUITE 3300 LOS ANGELES CA 90015 [email protected] FAROOQ AMEEN 213 222-8136 M ASIAN SUBCONTINENT CITYWORKS DESIGN 16 N. MARENGO AVENUE, SUITE 412 PASADENA CA 91101 [email protected] LISA PADILLA 626 304-9034 F HISPANIC CITYWORKS PEOPLE + PLACES, INC. 110 W. A STREET, SUITE 600 SAN DIEGO CA 92101 [email protected] LAURA WARNER 619 238-9091 F CAUCASIAN CLARK ARCHITECTS, INC 3189 MONROE AVENUE SAN DIEGO CA 92116 [email protected] MARIE CLARK 619 269-4595 F CAUCASIAN CODA 6853B WEST CHARLESTON BLVD. LAS VEGAS NV 89117 [email protected] JENNIFER J. TURCHIN 702 795-2285 F CAUCASIAN CONSTRUCTION MANAGEMENT WEST, INC. 930 MONTGOMERY STREET, SUITE 302 SAN FRANCISCO CA 94133 [email protected] LIONEL JOSEPH RECIO 415 397-6102 M HISPANIC COZEN ARCHITECTURE 1750 8TH ST MANHATTAN BEACH CA 90266 [email protected] CAROL COZEN 310 372-0399 F CAUCASIAN CYRUS COWASJEE ARCHITECTS, INC. 806 BLUFFCREST LANE ENCINTAS CA 92024 [email protected] CYRUS COWASJEE 760 201-6478 M ASIAN SUBCONTINENT D3 ARCHITECTURE 5027 E ALMADEN DRIVE LOS ANGELES CA 90042 [email protected] ARMINDA DIAZ 310 995-1941 F HISPANIC DAVID KE/DESIGN COLLABORATIVE STUDIO (DK/DCS) 5903 LOS ANGELES WAY BUENA PARK CA 90620 [email protected] DAVID KE 626 536-2913 M ASIAN PACIFIC DESIGNWORKS 3355 BENNETT DRIVE LOS ANGELES CA 90068 [email protected] KRISTA MICHAELS 213 876-8090 M HISPANIC E D 2 INTERNATIONAL 1426 FILLMORE STREET, SUITE 202 SAN FRANCISCO CA 94115 [email protected] FRANK FUNG 415 575-2500 M ASIAN PACIFIC EIS DESIGN, INC. 1391 14TH AVENUE SAN FRANCISCO CA 94122 [email protected] JENNIFER EIS 415 664-0618 F CAUCASIAN ESTUDIO, LLC 2180 NORTH LOOP WEST HOUSTON TX 77018 [email protected] KIMBERLY FLOYD 713 433-5000 M HISPANIC EVOLVE LLC 6020 BROAD STREET PITTSBURH PA 15206 [email protected] CHRISTINE MONDOR 412 362-2100 F CAUCASIAN FENNARC STUDIO, INC. 1034 E. SERVICE AVENUE WEST COVINA CA 91790 [email protected] MARJORIE FENNELL 626 916-0077 F BLACK FLEMING ALLIANCE ARCHITECTURE, INC 24672 SAN JUAN AVENUE, SUITE 101 DANA POINT CA 92629 [email protected] CYNTHIA FLEMING 949 276-7001 F CAUCASIAN FMG ARCHITECTS 330 15TH STREET OAKLAND CA 94612 [email protected] CLAUDIA GUADAGNE 510 465-8700 F HISPANIC FRANCIS CONSULTING 9312 TRITT CIRCLE VILLA PARK CA 92861 [email protected] LINDA FRANCIS 714 401-0137 F CAUCASIAN GANT ARCHITECTS, INC. 420 S. SAN PEDRO #530 LOS ANGELES CA 90013 [email protected] JASON GANT 310 598-1526 M BLACK HARMONICA INC. 5837 ADAMS BLVD. CULVER CITY CA 90232 [email protected] HSIN MING FUNG 323 937-2150 F ASIAN PACIFIC HART WRIGHT ARCHITECTS 2742 17TH STREET SAN FRANCISCO CA 94110 [email protected] ELIZA HART 415 503-7071 F CAUCASIAN HAYASHIDA ARCHITECTS, INC. 1250 45TH STREET, STE. 340 EMERYVILLE CA 94608 [email protected] SADY HAYASHIDA 510 428-2491 M ASIAN PACIFIC HB+A ARCHITECTS,INC 2811 CASTRO VALLEY BLVD, #109 CASTRO VALLEY CA 94546 [email protected] HAFSA BURT 510 830-4797 F ASIAN SUBCONTINENT HOOD DESIGN 3016 FILBERT STREET STUDIO 2 OAKLAND CA 94610 [email protected] WALTER HOOD 510 595-0688 M BLACK HRON & HRON ARCHITECT 7064 MACAPA DRIVE LOS ANGELES CA 90068 [email protected] MAGDALEN HRON 323 969-0400 F ASIAN PACIFIC IDSCA 201 GENEBERN WAY SAN FRANCISCO CA 94112 [email protected] JOSE MOSCOVICH 415 587-2319 M HISPANIC IMELDA GOLIK, A.I.A. 3711 W. LOCUST AVENUE FRESNO CA 93711 [email protected] IMELDA GOLIK 559 930-6218 F OTHER

Page 1 of 7 LIST OF DBE CERTIFIED FIRMS (Supplemental Instructions to Bidders/Proposers) NAICS: 541310, 541320, 541330, 541370, 541430, 541613, 541620, 541910, 541990 Run Date: 06/01/18 DISCLAIMER: Offerors are hereby given notice and advised that the list of certified Disadvantaged Business Enterprises (DBE) contained herein is made available as a outreach resource for offeror's CONVENIENCE ONLY. Metro explicitly expresses that the listing shall not be deemed to be an endorsement of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform work on Metro projects. The certification process does not qualify a firm ’s capability to perform. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE certification eligibility requirements, please contact the Diversity & Equal Opportunity Department (DEOD) Hotline (213) 922-2600, facsimile (213) 922-7660. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.Metro.net For additional information regarding DBE certifications, please go to www.californiaucp.org

Firm/DBA Name Address City State Zip Email Contact Phone Gender Ethnicity

IRON HORSE ARCHITECTS, INC 475 17TH ST, SUITE 720 DENVER CO 80202 [email protected] VIRGINIA MCALLISTER 720 855-7572 F CAUCASIAN ISA ARCHITECT 1212 W. GARDENA BLVD., STE. F GARDENA CA 90247 [email protected] TOSHIRO ISA 310 323-0303 M ASIAN PACIFIC KAL ARCHITECTS, INC. 12-J MAUCHLY DRIVE, IRVINE CA 92618 [email protected] RITA KALWANI 949 450-8420 F ASIAN PACIFIC KANESHIRO DIAMANTE ARCHITECTS INC. 2925 VETERAN AVENUE LOS ANGELES CA 90064 [email protected] ALBERT KANESHIRO 310 730-3363 M ASIAN PACIFIC KENDALL PLANNING + DESIGN 2502 CALIFORNIA AVENUE SANTA MONICA CA 90403 [email protected] ALISON KENDALL 310 586-1557 F CAUCASIAN KRITZINGER + RAO 414 BOYD ST. SUITE B LOS ANGELES CA 90013 [email protected] SRINIVAS RAO 213 613-1922 M ASIAN SUBCONTINENT KWAN HENMI ARCHITECTURE & PLANNING 456 MONTGOMERY STREET, SUITE 200 SAN FRANCISCO CA 94104 [email protected] SYLVIA KWAN 415 777-4770 F ASIAN PACIFIC LA DESIGN GROUP 3670 W TEMPLE AVENUE, SUITE 193 POMONA CA 91768 [email protected]; [email protected] SHANTIYAI 909 860-1010 F CAUCASIAN LAURA KAY DUNBAR, INC 499 ARNETT AVENUE VENTURA CA 93003 [email protected] LAURA KAY DUNBAR 805 558-1223 F CAUCASIAN LORI MAY WIES CONSULTANT LAND SURVEYOR 13265 SEWELL AVENUE SAN MARTIN CA 95046 [email protected] LORI WEIS 408 310-3360 F CAUCASIAN LYRIC DESIGN AND PLANNING 2227 LYRIC AVENUE LOS ANGELES CA 90027 [email protected] SIOBHAN BURKE 323 377-6587 F CAUCASIAN M & J ENGINEERING, P.C. 2003 JERICHO TURNPIKE NEW HYDE PARK NY 11040 [email protected] MAQSOOD MALIK 516 821-7309 M ASIAN SUBCONTINENT MARTINEZ DESIGN GROUP 2151 MICHELSON DRIVE # 190 IRVINE CA 92612 [email protected] STEVE MARTINEZ 714 505-5945 M HISPANIC MATALON ARCHITECTURE & PLANNING, INC. 910 GRAND AVENUE #203 SAN DIEGO CA 92109 [email protected] MICHAEL BENJAMIN MATALON 858 483-6587 M NATIVE AMERICAN MAUD DEVELOPMENT, INC 12611 HIDDENCREEK WAY, UNIT G CERRITOS CA 90703 [email protected] JAE UK CHUNG 562 926-8801 M ASIAN PACIFIC MC LEAN & SCHULTZ, INC. 3040 SATURN STREET, SUITE 105 BREA CA 92821 [email protected] JOHN R. ARIAS 714 985-1100 M HISPANIC MCDONOUGH & ASSOCIATES 8055 W. MANCHESTER AVE., #210 PLAYA DEL REY CA 90293 [email protected] SUSAN J. MCDONOUGH 310 479-5025 F CAUCASIAN MERCURIAL CONSULTING LLC 2611 SAN JOSE AVENUE SAN FRANCISCO CA 94112 [email protected] ALFRED LOUIE 415 572-2794 M ASIAN PACIFIC METIER GROUP, INC. 300 W. OCEAN BLVD. #6807 LONG BEACH CA 90802 [email protected] MEDINAH ADAL 213 973-8246 F ASIAN PACIFIC MURAKAMI/NELSON ARCHITECTURAL CORPORATION 100 FILBERT STREET OAKLAND CA 94607 [email protected] MICHAEL MURAKAMI 510 444-7959 M ASIAN PACIFIC NCA STUDIO, INC. 453 S. SPRING ST. #508 LOS ANGELES CA 90013 [email protected] NICOLE CANNON 363 638-2344 F CAUCASIAN NORTH BAY COMPANY 30 SPRING STREET PEMBROKE MA 2359 [email protected] JULIE PAUL BROWN 508 686-2781 F CAUCASIAN OFFICE42 ARCHITECTURE 1515 ECHO PARK AVENUE LOS ANGELES CA 90026 [email protected] STEPHANIE RAGLE 213 278-0703 F CAUCASIAN OKAPI ARCHITECTURE, INC. 1019 GREEN LANE LA CANADA CA 91011 [email protected] YING WANG 818 952-6328 F ASIAN PACIFIC PAUL POIRIER+ARCHITECTS ASSOCIATES (CA) 156 WEST ALAMAR AVENUE, SUITE C SANTA BARBARA CA 93105 [email protected] PAUL H. POIRIER 805 682-8894 M ASIAN PACIFIC PAULI ENGINEERING, INC. 2501 W. SHAW, SUITE 121 FRESNO CA 93711 [email protected] PATRICIA PAULI 559 237-4408 M HISPANIC QUEZDA INCORPORATED ONE ARKANSAS ST., D2 SAN FRANCISCO CA 94107 [email protected] ALFRED QUEZADA, JR. 415 331-5133 M HISPANIC R2A ARCHITECTURE 2900 BRISTOL ST., E- 205 COSTA MESA CA 92626 [email protected] ETIENNE RUNGE 714 435-0380 M HISPANIC RAW INTERNATIONAL 800 SOUTH FIGUEROA STREET. SUITE 600 LOS ANGELES CA 90017 [email protected] STEVEN LOTT 213 622-4993 M BLACK RESOURCE BRIDGING, INC. 1845 CORINTH AVENUE LOS ANGELES CA 90025 [email protected] HAO HOANG 424 832-1046 M ASIAN PACIFIC RICHARD YEN & ASSOCIATES ARCHITECTS & PLANNERS, INC.3515 HANCOCK STREET, SUITE 250 SAN DIEGO CA 92110 [email protected] RICHARD S. YEN 619 224-3605 M ASIAN PACIFIC ROBIN CHIANG & COMPANY 381 TEHAMA STREET SAN FRANCISCO CA 94103 [email protected] ROBIN CHIANG 415 995-9870 M ASIAN PACIFIC ROBINA WRIGHT ARCHITECT & ASSOCIATES 4025 N. FRESNO #107 FRESNO CA 93726 [email protected] ROBINA WRIGHT 559 307-7232 F ASIAN PACIFIC RODRIGUEZ PARK ARCHITECTURE & PLANNING 6610 NANCY RIDGE DRIVE, STE 200 SAN DIEGO CA 92121 [email protected] ROBERT RODRIGUEZ 858 450-1003 M HISPANIC ROSS BARNEY ARCHITECTS, INC 10 WEST HUBBARD STREET CHICAGO IL 60654 [email protected] CAROL ROSS BARNEY 312 832-0600 F CAUCASIAN RPR ARCHITECTS 1629 TELEGRAPH AVE, MEZZANINE OAKLAND CA 94612 [email protected] KATHLEEN ROUSSEAU 510 272-0654 F CAUCASIAN SAA ASSOCIATES 3688 FAIR OAKS AVENUE, ALTADENA CA 91109 [email protected] OLUWASEGUN ABEGUNRIN 818 437-8452 M BLACK SALLY SWANSON ARCHITECTS INC 220 SANSOME STREET, SUITE 1100 SAN FRANCISCO CA 94104 [email protected] SALLY SWANSON 415 445-3045 F CAUCASIAN SBA ARCHITECTS 3 FAIRFIELD DRIVE LEXINGTON MA 2420 [email protected] SHIRLEY BASSETT 617 549-2076 F ASIAN PACIFIC SONIA NICHOLSON 1107 FAIR OAKS #194 S. PASADENA CA 91030 [email protected] SONIA NICHOLSON 323 459-4259 F CAUCASIAN SRD ARCHITECTS, INC. 3920 E. CORONADO ST. #201 ANAHEIM CA 92807 [email protected] SHIRISH DESAI 714 688-0212 M ASIAN SUBCONTINENT STAN TENG ARCHITECTURAL STUDIO 1736 STOCKTON ST STE 4, 3RD FLOOR SAN FRANCISCO CA 94133 [email protected] STAN TENG 415 590-2879 M ASIAN PACIFIC STEPPING THRU ACCESSIBILITY 3708 CEDAR AVENUE LONG BEACH CA 90807 [email protected] JANIS KENT 562 426-9363 F CAUCASIAN STEVENS & ASSOCIATES 855 SANSOME STREET, 2ND FLOOR SAN FRANCISCO CA 94111 [email protected] MYLES STEVENS 415 397-6500 M BLACK STUDIO T SQ., INC. 304 12TH STREET, SUITE 2A OAKLAND CA 94607 [email protected] TANG CHEK FONG 510 451-2850 M ASIAN PACIFIC STUDIO2G LLP 1540 MARSH ST. 230 SAN LUIS OBISPO CA 93401 [email protected]; [email protected] LAURA GOUGH 805 594-0771 F CAUCASIAN STUDIOPI2 INC 420 GODDARD IRVINE CA 92620 [email protected]; [email protected] MANJU PAI 949 608-0245 F ASIAN SUBCONTINENT SUSAN OLDROYD ARCHITECH 645 STOCKTON, #1005 SAN FRANCISCO CA 94108 [email protected] SUSAN OLDROYD 415 553-0421 F CAUCASIAN SYNTHESIS DESIGN + ARCHITECTURE, INC. 724 S. SPRING ST. #1101 LOS ANGELES CA 90014 [email protected] ALVIN HUANG 213 438-9967 M ASIAN PACIFIC TDPSTL, LLC 3101 OLIVE STREET ST. LOUIS MO 63103 TDPSTL.com RICHARD ATKINS 314 533-1996 M BLACK TECTONICS 1500 PARK AVENUE # 129 EMERYVILLE CA 94608 [email protected] ANDREW CHEN 510 740-2400 M ASIAN PACIFIC TED TOKIO TANAKA ARCHITECT 11307 S. HINDRY AVENUE, LOS ANGELES CA 90045 [email protected] TED TOKIO TANAKA 310 484-1800 M ASIAN PACIFIC THE GREENRIDGE GROUP, INC. 5023 N PARKWAY CALABASAS CALABASAS CA 91302 [email protected] DAVID T. TSAO 818 929-8588 M ASIAN PACIFIC THE LAMB ASSOCIATES ARCHITECTS, INC 128 OUTRIGGER MALL MARINA DEL REY CA 90292 [email protected] SERAPHIMA BENNETT 310 821-1838 F ASIAN PACIFIC

Page 2 of 7 LIST OF DBE CERTIFIED FIRMS (Supplemental Instructions to Bidders/Proposers) NAICS: 541310, 541320, 541330, 541370, 541430, 541613, 541620, 541910, 541990 Run Date: 06/01/18 DISCLAIMER: Offerors are hereby given notice and advised that the list of certified Disadvantaged Business Enterprises (DBE) contained herein is made available as a outreach resource for offeror's CONVENIENCE ONLY. Metro explicitly expresses that the listing shall not be deemed to be an endorsement of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform work on Metro projects. The certification process does not qualify a firm ’s capability to perform. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE certification eligibility requirements, please contact the Diversity & Equal Opportunity Department (DEOD) Hotline (213) 922-2600, facsimile (213) 922-7660. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.Metro.net For additional information regarding DBE certifications, please go to www.californiaucp.org

Firm/DBA Name Address City State Zip Email Contact Phone Gender Ethnicity

TIMOTHY HAAHS & ASSOCIATES, INC 550 E. TOWNSHIP LINE RD., SUITE 100 BLUE BELL PA 19422 [email protected] JANICE HAAHS 484 342-0200 M ASIAN PACIFIC TINA CHEE LANDSCAPE STUDIO 1800 S. BRAND BLVD. #212 GLENDALE CA 91204 [email protected] TINA CHEE 323 691-6647 F ASIAN PACIFIC TSAO DESIGN GROUP 160 PINE STREET, SUITE 650 SAN FRANCISCO CA 94111 [email protected] JONATHAN TSAO 415 398-5500 M ASIAN PACIFIC TUCKER SADLER ARCHITECTS, INC 401 B STREET, SUITE 1600 SAN DIEGO CA 92101 [email protected] ARTURO M. CASTRO 619 236-1662 M HISPANIC URBAN ARCHITECTURE & DESIGN 1709 MONTE RIO CT LAS VEGAS NV 89128 [email protected] JOYCE ORIAS 703 768-8333 F ASIAN PACIFIC URBAN DESIGN INNOVATIONS 604 SAN CARLOS AVENUE ALBANY CA 94706 [email protected] BRUCE FUKUJI 510 612-3834 M ASIAN PACIFIC URBAN FIELD STUDIO 2169 FOLSOM STREET, M304 SAN FRANCISCO CA 94110 [email protected] HEIDI SOKOLOWSKY 415 754-9304 F CAUCASIAN URBAN ROCK DESIGN 670 MOULTON AVENUE, #7 LOS ANGELES CA 90031 [email protected] JEANINE CENTUORI 323 227-0955 F CAUCASIAN VESSELCROSSING ARCHITECTURE 600 WILSHIRE BLVD, SUITE 500 LOS ANGELES CA 90017 [email protected] JOSE JOAQUIN VARGAS 626 399-0466 M HISPANIC VINIEGRA & VINIEGRA ARCHITECTURE 5232 OTIS AVENUE TARZANA CA 91356 [email protected] SOONJA VINIEGRA 818 705-2566 F ASIAN PACIFIC YAMA AND MAR DESIGN 619 7TH STREET SAN FRANCISCO CA 94103 [email protected] KAREN MAR 415 550-3003 F ASIAN PACIFIC YUNG ARCHITECTS 166 W. POMONA AVE. MONROVIA CA 91016 [email protected] JANET RHEE 626 415-6964 M ASIAN PACIFIC ZW&A PLANNING AND ARCHITECTURE 110 E. AVENIDA RAMONA SAN CLEMENTE CA 92672 [email protected] ZHEN WU 949 394-4860 M ASIAN PACIFIC 541320 Landscape Architectural Services ABEY ARNOLD ASSOCIATES, INC_(STOP-SEE FILE 28019) 1005 A STREET, SUITE 305 SAN RAFAEL CA 94901 [email protected] PHILLIP ABEY 415 258-9580 M ASIAN PACIFIC AGA DESIGN GROUP 2100 N. SEPULVEDA BLVD., SUITE 44 MANHATTAN BEACH CA 90266 [email protected] GOITOM TEKLETSION 310 546-5550 M BLACK AHBÃ‰ LANDSCAPE ARCHITECTS 617 WEST 7TH STREET, STE. 304 LOS ANGELES CA 90017 [email protected] CALVIN ABE 213 694-3800 M ASIAN PACIFIC ASAKURA ROBINSON COMPANY, LLC 1902 WASHINGTON AVENUE, SUITE A HOUSTON TX 77007 [email protected] KEIJI AKASURA 713 337-5830 M ASIAN PACIFIC BARRIO PLANNERS INC 5271 EAST BEVERLY BLVD LOS ANGELES CA 90022 [email protected] FRANK VILLALOBOS 323 726-7734 M HISPANIC BECKY'S CREATIVE LANDSCAPE & DESIGN INC 313 SOMERSET PLACE LOMPOC CA 93436 [email protected] BECKY BARRITT 805 331-3483 F CAUCASIAN BESPOKE TRANSIT SOLUTIONS INC. 252 SPRUCE STREET BOULDER CO 80302 [email protected] AILEEN CARRIGAN 650 468-5369 F CAUCASIAN BLUEPOINT PLANNING 1950 MOUNTAIN BLVD., #3 OAKLAND CA 94611 [email protected]; [email protected] CRAIG 510 338-0373 F BLACK BURT TANOUE LANDSCAPE ARCHITECT 1521 GOLDEN GATE AVENUE SAN FRANCISCO CA 94115 [email protected] BURT TANOUE 415 577-0090 M ASIAN PACIFIC CAS GROUP LLC 2219 SAWDUST RD, SUITE 1603 THE WOODLANDS TX 77380 [email protected] JENNIFER LINDBOM 832 832-5099 F CAUCASIAN CHARLES H. STRAWTER DESIGN, INC 566 W LANCASTER BLVD., SUITE 20 LANCASTER CA 93534 [email protected] CHARLES H. STRAWTER 661 295-4631 M BLACK CITY DESIGN STUDIO, LLC 1100 S. FLOWER STREET, SUITE 3300 LOS ANGELES CA 90015 [email protected] FAROOQ AMEEN 213 222-8136 M ASIAN SUBCONTINENT CITYPLACE PLANNING, INC. 11169 MONTAUBON WAY SAN DIEGO CA 92131 [email protected] CLAUDIA TEDFORD 858 245-8597 F CAUCASIAN CITYWORKS DESIGN 16 N. MARENGO AVENUE, SUITE 412 PASADENA CA 91101 [email protected] LISA PADILLA 626 304-9034 F HISPANIC COASTAL SAGE LANDSCAPE ARCHITECTURE 936 BLUEJACK ROAD, SUITE 102 ENCINITAS CA 92024 [email protected] JOY LYNDES 760 456-7907 F CAUCASIAN CORNERSTONE STUDIOS 106 W. FOURTH STREET, 5TH FLOOR SANTA ANA CA 92701 [email protected] RENIE MEIER-WONG 714 973-2200 F ASIAN PACIFIC DCR DESIGN LLC 314 NORTH STANLEY #1 LOS ANGELES CA 90036 [email protected] CHARU KUKREJA 312 218-1550 M HISPANIC DEBORAH MURPHY URBAN DESIGN + PLANNING 2351 SILVER RIDGE AVENUE LOS ANGELES CA 90039 [email protected] DEBORAH MURPHY 323 661-3173 F CAUCASIAN DIG:DESIGNITGREEN 973 E. MAIN ST VENTURA CA 93001 [email protected] MARTIN ALLEN ARMSTRONG 805 364-2377 M HISPANIC DUNBAR TRANSPORTATION CONSULTING LLC 24 LAUREL WOOD DRIVE BLOOMINGTON IL 61704 [email protected] JULIE KP DUNBAR 309 661-1767 F CAUCASIAN EINWILLERKUEHL, INC 874 41ST STREET OAKLAND CA 94608 [email protected] EINWILLER LIZ 510 391-1696 F CAUCASIAN ESTRADA LAND PLANNING, INC. 225 BROADWAY, SUITE 1160 SAN DIEGO CA 92101 [email protected] VICKI ESTRADA 619 236-0143 F HISPANIC FHY SYSTEMS, LLC 7538 MIDFIELD AVENUE LOS ANGELES CA 90045 [email protected] FRANCIS YEE 310 216-7756 M ASIAN PACIFIC FOURSQUARE INTEGRATED TRANSPORTATION PLANNING INC.51 MONROE ST. ROCKVILLE MD 20850 [email protected] AURORA GONZALEZ 301 774-4566 F CAUCASIAN GARBINI & GARBINI LANDSCAPE ARCHITECTURE, INC 715 J STREET, SUITE 307 SAN DIEGO CA 92101 [email protected] GAIL DECKER GARBINI 619 232-4747 F CAUCASIAN GSM LANDSCAPE ARCHITECTS, INC. 1700 SOSCOL AVENUE, SUITE 23 NAPA CA 94559 [email protected] GRETCHEN STRANZL MCCANN 707 255-4630 F CAUCASIAN HART WRIGHT ARCHITECTS 2742 17TH STREET SAN FRANCISCO CA 94110 [email protected] ELIZA HART 415 503-7071 F CAUCASIAN HAYGOOD & ASSOCIATES LANDSCAPE ARCHITECTS 1496 SOLANO AVE SUITE B ALBANY CA 94706 [email protected] LEAH HAYGOOD 510 527-6343 F CAUCASIAN HB+A ARCHITECTS,INC 2811 CASTRO VALLEY BLVD, #109 CASTRO VALLEY CA 94546 [email protected] HAFSA BURT 510 830-4797 F ASIAN SUBCONTINENT HERE DESIGN STUDIO, LLC 1855 REDESDALE AVENUE LOS ANGELES CA 90026 [email protected] AMBER HAWKES 323 686-1814 F CAUCASIAN HONGJOO KIM LANDSCAPE ARCHITECTS, INC 714 WEST OLYMPIC BLVD, STE 1015 LOS ANGELES CA 90015 [email protected] HONGJOO KIM 213 293-3474 M ASIAN PACIFIC HOOD DESIGN 3016 FILBERT STREET STUDIO 2 OAKLAND CA 94610 [email protected] WALTER HOOD 510 595-0688 M BLACK IRON HORSE ARCHITECTS, INC 475 17TH ST, SUITE 720 DENVER CO 80202 [email protected] VIRGINIA MCALLISTER 720 855-7572 F CAUCASIAN J.K. CLAUSEN INC 2669 EMMET DR. AUBURN CA 95603 [email protected] KAREN K. CLAUSEN 530 885-8196 F CAUCASIAN JONI L. JANECKI & ASSOCIATES INC 515 SWIFT STREET SANTA CRUZ CA 95060 [email protected] JONI JANECKI 831 423-6040 F CAUCASIAN KELLER MITCHELL & COMPANY 302 FOURTH ST. OAKLAND CA 94607 [email protected] JACQUE KELLER 510 451-9987 F CAUCASIAN KENDALL PLANNING + DESIGN 2502 CALIFORNIA AVENUE SANTA MONICA CA 90403 [email protected] ALISON KENDALL 310 586-1557 F CAUCASIAN KRITZINGER + RAO 414 BOYD ST. SUITE B LOS ANGELES CA 90013 [email protected] SRINIVAS RAO 213 613-1922 M ASIAN SUBCONTINENT LAND ECON GROUP LLC 388 MARKET STREET, SUITE 1300 SAN FRANCISCO CA 94111 [email protected] TANYA CHIRANAKHON 415 283-8517 F ASIAN PACIFIC LYNN CAPOUYA, INC. 17992 MITCHELL SOUTH #110 IRVINE CA 92614 [email protected] LYNN CAPOUYA 949 756-0150 F CAUCASIAN

Page 3 of 7 LIST OF DBE CERTIFIED FIRMS (Supplemental Instructions to Bidders/Proposers) NAICS: 541310, 541320, 541330, 541370, 541430, 541613, 541620, 541910, 541990 Run Date: 06/01/18 DISCLAIMER: Offerors are hereby given notice and advised that the list of certified Disadvantaged Business Enterprises (DBE) contained herein is made available as a outreach resource for offeror's CONVENIENCE ONLY. Metro explicitly expresses that the listing shall not be deemed to be an endorsement of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform work on Metro projects. The certification process does not qualify a firm ’s capability to perform. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE certification eligibility requirements, please contact the Diversity & Equal Opportunity Department (DEOD) Hotline (213) 922-2600, facsimile (213) 922-7660. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.Metro.net For additional information regarding DBE certifications, please go to www.californiaucp.org

Firm/DBA Name Address City State Zip Email Contact Phone Gender Ethnicity

MADRID CONSULTING GROUP, LLC 297 MOLINO AVE. LONG BEACH CA 90803 [email protected] HENRY MADRID 562 866-3265 M HISPANIC MALLETT CONSULTING 1564 FITZGERALD DRIVE, #114 PINOLE CA 94564 [email protected] ZAKHARY MALLETT 408 849-4156 M BLACK MARY-KATE BOYD, LANDSCAPE ARCHITECT 41 SAN CLEMENTE STREET VENTURA CA 93001 [email protected] MARY KATHLEEN BOYD 805 822-2082 F CAUCASIAN MERCER PLANNING ASSOCIATES LLC 331 1/2 8TH STREET JERSEY CITY NJ 7302 [email protected] COURTENAY D. MERCER 732 354-1316 F CAUCASIAN MERRILL MORRIS PARTNERS 249 FRONT STREET SAN FRANCISCO CA 94111 [email protected] CATHY MERRILL 415 291-8960 F CAUCASIAN MIA LEHRER + ASSOCIATES 3780 WILSHIRE BLVD., SUITE 250 LOS ANGELES CA 90010 [email protected] MIA LEHRER 213 384-3844 F HISPANIC NOVAK ENVIRONMENTAL, INC. 801 W. HAWTHORN ST., #404 SAN DIEGO CA 92010 [email protected] KAREN M. CESARE 520 206-0591 F CAUCASIAN NUVIS 3151 AIRWAY AVENUE, SUITE J-3 COSTA MESA CA 92626 [email protected] PERRY CARDOZA 714 754-7311 M HISPANIC OFFICE OF CHERYL BARTON 146 ELEVENTH STREET SAN FRANCISCO CA 94103 [email protected] CHERYL BARTON 415 551-0090 F CAUCASIAN OFFICE OF THE DESIGNED LANDSCAPE, INC. 1131 SUPERBA AVENUE VENICE CA 90291 [email protected] ESTHER MARGULIES 213 364-7397 F CAUCASIAN PAMELA STUDIOS INC. 3400 FAIRESTA STREET LA CRESCENTA CA 91214 [email protected] PAMELA BRIEF 818 726-0456 F CAUCASIAN PANORAMIC DESIGN GROUP 1005 LIBERTY COURT EL CERRITO CA 94530 [email protected] MAURA BALDWIN 510 367-3028 F CAUCASIAN PARTERRE 1223 HAYES AVENUE SAN DIEGO CA 92103 [email protected] LILI O'CONNOR 619 296-3713 F CAUCASIAN PENNINO DESIGN GROUP 1450 SPRINGHAVEN WAY LODI CA 95242 [email protected] VALERIE PENNINO 209 327-4261 F CAUCASIAN PGA DESIGN, INC. 444 17TH STREET OAKLAND CA 94612 [email protected] CHRISTINE G. PATTILLO 510 550-8855 F CAUCASIAN PROJECT PLANNING 2420 DEAUVILLE CIRCLE CLOVIS CA 93619 [email protected] NANCY MORRISON 559 907-3975 F CAUCASIAN ROBIN LYNCH 302 W. 5TH STREET #311 SAN PEDRO CA 90731 [email protected] ROBIN LYNCH 424 248-2804 F CAUCASIAN ROGER K. KOBATA & ASSOCIATES, INC. 11688 SOUTH STREET #201 ARTESIA CA 90701 [email protected]; [email protected] KENJI KOBATA 562 860-1021 M ASIAN PACIFIC ROOTED IN PLACE LANDSCAPE ARCHITECTURE AND CONSULTING3657 VOLTAIRE STREET SAN DIEGO CA 92106 [email protected] ILISA GOLDMAN 619 665-8547 F CAUCASIAN ROSS BARNEY ARCHITECTS, INC 10 WEST HUBBARD STREET CHICAGO IL 60654 [email protected] CAROL ROSS BARNEY 312 832-0600 F CAUCASIAN ROYSTON HANAMOTO ALLEY & ABEY 225 MILLER AVENUE MILL VALLEY CA 94941 [email protected] BARBARA LUNDBURGH 415 383-7900 F CAUCASIAN SCA-LARC 110 S SWALL DRIVE, #302 LOS ANGELES CA 90048 [email protected] STEVEN EDWARD CHAVEZ 424 777-0749 M HISPANIC SONIA NICHOLSON 1107 FAIR OAKS #194 S. PASADENA CA 91030 [email protected] SONIA NICHOLSON 323 459-4259 F CAUCASIAN STEVENS & ASSOCIATES 855 SANSOME STREET, 2ND FLOOR SAN FRANCISCO CA 94111 [email protected] MYLES STEVENS 415 397-6500 M BLACK TATSUMI AND PARTNERS, INC. 49 DISCOVERY #120 IRVINE CA 92618 [email protected] DAVID H. TATSUMI 949 453-9901 M ASIAN PACIFIC TECTONICS 1500 PARK AVENUE # 129 EMERYVILLE CA 94608 [email protected] ANDREW CHEN 510 740-2400 M ASIAN PACIFIC TESHIMA DESIGN GROUP 9903 BUSINESSPARK AVENUE, SUITE 100 SAN DIEGO CA 92131 [email protected] SUSAN JOURDAN 858 693-8824 M ASIAN PACIFIC TINA CHEE LANDSCAPE STUDIO 1800 S. BRAND BLVD. #212 GLENDALE CA 91204 [email protected] TINA CHEE 323 691-6647 F ASIAN PACIFIC TRANSLINK CONSULTING, LLC 1191 INNISFREE COURT FULLERTON CA 92831 [email protected] LISA M. YOUNG 714 768-5242 F ASIAN PACIFIC TRANSLUTIONS, INC. 17632 IRVINE BLVD. SUITE 200 TUSTIN CA 92780 [email protected] SANDIPAN BHATTACHARJEE 949 656-3131 M ASIAN SUBCONTINENT TRANSPORT FOUNDRY, LLC 2870 PEACHTREE RD NW #915-7318 ATLANTA GA 30305 [email protected] JOSEPHINE KRESSNER 630 426-9076 F CAUCASIAN TS STUDIO 978 HAYES STREET SAN FRANCISCO CA 94117 [email protected] J. LEE STICKLES 415 420-8408 F CAUCASIAN VALLIER DESIGN ASSOCIATES, INC. 210 WASHINGTON AVENUE, SUITE G POINT RICHMOND CA 94801 [email protected] MARCIA VALLIER 510 237-7745 F CAUCASIAN WILDSCAPE RESTORATION, INC. 2500 CHANNEL DRIVE STE. A-1 VENTURA CA 93003 [email protected] NOREEN MURANO 805 644-6852 F ASIAN PACIFIC YUNSOO KIM DESIGN, INC. 404 SHATTO PLACE #444 LOS ANGELES CA 90020 [email protected] YUNSOO KIM 213 220-9699 M ASIAN PACIFIC ZW&A PLANNING AND ARCHITECTURE 110 E. AVENIDA RAMONA SAN CLEMENTE CA 92672 [email protected] ZHEN WU 949 394-4860 M ASIAN PACIFIC 541330 Engineering Services 123 ENGINEERING, INC 2480 GENOVA ST., UNIT 3 WEST SACRAMENTO CA 95691 [email protected] KYUNG S CHANG 916 933-0069 M ASIAN PACIFIC A & M CONSULTING ENGINEERS 208 W MAIN ST VISALIA CA 93291 [email protected] JAVIER ANDRADE 559 991-5408 M HISPANIC A TRAIN ENTERPRISES, INC. 172 ARVADA COURT SAN RAMON CA 94583 [email protected] SARAH J. WINEMAN 925 828-6499 F CAUCASIAN AAA ENGINEERING LTD 4323 W. IRVING PARK ROAD CHICAGO IL 60641 [email protected] RACHEL BORENSTEIN 773 657-3300 F CAUCASIAN ABI ENGINEERING CONSULTANTS, INC. 1701 E. EDINGER AVE STE A9 SANTA ANA CA 92705 [email protected] DAYANAND BETTADAPURA 888 220-5596 M ASIAN SUBCONTINENT ABRATIQUE AND ASSOCIATES, INC. 3303 WILSHIRE BLVD., SUITE 330 LOS ANGELES CA 90010 [email protected]; [email protected] MARIFE BANZON 213 251-5960 M ASIAN PACIFIC ACOSTA ENGINEERING SOLUTIONS 101 CALIFORNIA ST., STE. 875 SAN FRANCISCO CA 94111 [email protected] MARITZA ACOSTA 415 426-7826 F HISPANIC ACOUSTICS GROUP, INC. 2102 BUSINESS CENTER DR, STE. 130 IRVINE CA 92612 [email protected] ROBERT WOO 877 595-9988 M ASIAN PACIFIC ACT CONSULTING ENGINEERS, INC. 6 HUTTON CENTRE RV, SUITE 1020 SANTA ANA CA 92707 [email protected] ISAAC ALONSO RICE 714 662-2288 M HISPANIC ACTIVEWAYZ ENGINEERING, INC 505 14TH STREET SUITE 900 OAKLAND CA 94612 [email protected] ADMAS ZEWDIE 408 219-5678 M BLACK ACUMEN BUILDING ENTERPRISE, INC. 7770 PARDEE LANE, SUITE 200 OAKLAND CA 94621 [email protected] WALTER ALLEN 510 530-3029 M BLACK ADH TECHNICAL SERVICES, INC. 3065 PORTER STREET, SUITE 101 SOQUEL CA 95073 [email protected] ALESSANDRO D. HNATT 831 477-2003 M CAUCASIAN ADS SYSTEM SAFETY CONSULTING LLC 20 SOUTH CHARLES STREET, SUITE #1103 BALTIMORE MD 21201 [email protected] KAHLIL M. ALLEN 240 882-1126 M BLACK ADVANCED EARTH SCIENCES, INC. 9307 RESEARCH DRIVE IRVINE CA 92618 [email protected] KISHIN KHILNANI 949 379-2450 M ASIAN SUBCONTINENT ADVANCED INTEGRATION GROUP INC 1 MCCORMICK ROAD, SUITE A MCKEES ROCKS PA 15136 [email protected] DONNA D. CHAPPEL 412 722-0065 F CAUCASIAN ADVANTEC CONSULTING ENGINEERS, INC. 1200 ROOSEVELT IRVINE CA 92620 [email protected]; [email protected] LEO LEE 949 861-4999 M ASIAN PACIFIC AEC CONSULTANTS INC. 9246 KEY WEST STREET TEMPLE CITY CA 91780 [email protected] ALBERT LEUNG 626 734-8233 M ASIAN PACIFIC

Page 4 of 7 LIST OF DBE CERTIFIED FIRMS (Supplemental Instructions to Bidders/Proposers) NAICS: 541310, 541320, 541330, 541370, 541430, 541613, 541620, 541910, 541990 Run Date: 06/01/18 DISCLAIMER: Offerors are hereby given notice and advised that the list of certified Disadvantaged Business Enterprises (DBE) contained herein is made available as a outreach resource for offeror's CONVENIENCE ONLY. Metro explicitly expresses that the listing shall not be deemed to be an endorsement of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform work on Metro projects. The certification process does not qualify a firm ’s capability to perform. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE certification eligibility requirements, please contact the Diversity & Equal Opportunity Department (DEOD) Hotline (213) 922-2600, facsimile (213) 922-7660. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.Metro.net For additional information regarding DBE certifications, please go to www.californiaucp.org

Firm/DBA Name Address City State Zip Email Contact Phone Gender Ethnicity

AETYPIC INC 7 FREELON STREET SAN FRANCISCO CA 94107 [email protected] DENNIS WONG 415 762-8388 M ASIAN PACIFIC AEW ENGINEERING, INC 55 NEW MONTGOMERY STREET, SUITE 722 SAN FRANCISCO CA 94105 [email protected] KENNETH LEUNG 415 495-8422 M ASIAN PACIFIC AFINAR, INC. 214 BERNARD STREET BAKERSFIELD CA 93305 [email protected] BERNARD O. SALGADO 661 716-7443 M HISPANIC AGUIRRE & ASSOCIATES 8363 CENTER DRIVE, SUITE 5A LA MESA CA 91942 [email protected] MICKEY AGUIRRE 619 464-6978 M HISPANIC AJA ASSOCIATES LLC 301 MAIN STREET, SUITE 9F SAN FRANCISCO CA 94105 [email protected] AUSTIN PAN 415 533-5159 M ASIAN PACIFIC AKANA 6400 S.E. LAKE ROAD, SUITE 270 PORTLAND OR 97222 [email protected]; [email protected] HERBERT J. FRICKE 503 652-9090 M NATIVE AMERICAN ALAN MOK ENGINEERING 7415 N. PALM AVENUE STE. 101 FRESNO CA 93711 [email protected] ALAN MOK 559 432-6879 M ASIAN PACIFIC ALBERT WILSON & ASSOCIATES 17409 VALLEY BLVD. UNIT 80 FONTANA CA 92316 [email protected] CHIDI ONUMONU 909 346-0848 M BLACK ALCALA & SON LLC DBA DPA CONSULTING 11230 DAYLILLY ST. FONTANA CA 92337 [email protected] PATRICK SON 909 320-8302 M ASIAN PACIFIC ALFRED CIVIL ENGINEERING, INC 7604 SOQUEL WAY CITRUS HEIGHTS CA 95610 [email protected] BORI A. TOURAY 916 241-5309 M BLACK ALIQUOT ASSOCIATES, INC. 460 BOULEVARD WAY, 2ND FLOOR OAKLAND CA 94610 [email protected] ROBERT WONG 510 601-5101 M ASIAN PACIFIC ALL TRAFFIC DATA SERVICES INC 9660 W. 44TH AVE WHEAT RIDGE CO 80033 [email protected] DAWN BOIVIN 303 216-2439 F CAUCASIAN ALLIANCE ENGINEERING CONSULTANTS, INC 4701 PATRICK HENRY DR., #10 SANTA CLARA CA 95054 [email protected] KENNETH S. NGAI 408 970-9888 M ASIAN PACIFIC ALLIED GEOTECHNICAL ENGINEERS, INC 9500 CUYAMACA ST., STE 102 SANTEE CA 92071 [email protected] TIONG J. LIEM 619 449-5900 M ASIAN PACIFIC ALLY GENERAL SOLUTIONS 3317 PEBBLE BEACH PEARLAND TX 77584 [email protected] ROLANDO CASTENEDA 713 459-7230 M HISPANIC ALUCERON CONSULTING GROUP LLC 114 CAROB LANE ALAMEDA CA 94502 [email protected] FERDINAND CICERON 510 337-4505 M ASIAN SUBCONTINENT AM CONSULTING ENGINEERS, INC. 7545 N. DEL MAR, SUITE 201 FRESNO CA 93711 [email protected] ALFONSO MANRIQUE 559 473-1371 M HISPANIC AMC CONSULTING ENGINEERS PIER 26, THE EMBARCADERO SAN FRANCISCO CA 94105 [email protected] MING-CHEN YU 510 663-1118 M ASIAN PACIFIC AMC, INC 18502 BAINBROOK COURT CERRITOS CA 90703 [email protected] JAWAHAR SHAH 562 229-3003 M ASIAN SUBCONTINENT AMEL TECHNOLOGIES INC 2800 WOODLAWN DR. SUTIE 251 HONOLULU HI 96822 [email protected] MELEK YALCINTAS 808 988-0200 F CAUCASIAN AMERICAN INFRASTRUCTURE DEVELOPMENT, INC 3810 NORTHDALE BLVD., SUITE 170 TAMPA FL 33624 F ASIAN SUBCONTINENT ANALYSIS & SOLUTIONS CONSULTANTS 150 EXECUTIVE PARK BLVD., STE. 3600 SAN FRANCISCO CA 94134 [email protected] DOTUN OYENUGA 415 988-7053 M BLACK ANALYZER INTERNATIONAL, INC. 277 DOWNS ROAD TUSTIN CA 92782 [email protected] ENG HENG YEONG 925 325-1838 M ASIAN PACIFIC ANDERSON PINE CORPORATION 1057 MACARTHUR BLVD. SUITE 207 SAN LEANDRO CA 94577 [email protected] CHARLES ANDERSON 510 564-4192 M BLACK ANDERSONPENNA PARTNERS, INC. 3737 BIRCH ST., SUITE 250 NEWPORT BEACH CA 92660 [email protected] ANGELIQUE LUCERO 949 428-1500 F CAUCASIAN ANIL VERMA ASSOCIATES, INC 444 S. FLOWER STREET, SUITE 1688 LOS ANGELES CA 90071 [email protected] ANIL VERMA 808 369-8108 M ASIAN SUBCONTINENT ANSARI STRUCTURAL ENGINEERS INC 300 MONTGOMERY STREET, SUITE 860 SAN FRANCISCO CA 94104 [email protected] MEHRI ANSARI 415 348-8948 F OTHER ANTICH CONSULTING 7623 ALVERSTONE AVENUE LOS ANGELES CA 90045 [email protected] PATRICIA ANTICH 310 F CAUCASIAN ANTONIO ACOUSTICS 5403 ONACREST DRIVE LOS ANGELES CA 90043 [email protected] NICHOLAS ANTONIO 310 882-5099 M HISPANIC AOS ENGINEERING 2450 27TH AVENUE SACRAMENTO CA 95822 [email protected] DEBORAH LOISELLE 860 304-8650 F CAUCASIAN AP ENGINEERING AND TESTING, INC 2607 POMONA BOULEVARD POMONA CA 91768 [email protected] APRICHART PHUKUNHAPHAN 909 869-6316 M ASIAN PACIFIC APEX CIVIL ENGINEERING 9668 SNOWBERRY WAY ORANGEVALE CA 95662 [email protected] PATRICIA PRESTON 916 717-2812 F HISPANIC APOLLO STRUCTURAL CORP 4968 ARROW HIGHWAY #F MONTCLAIR CA 91763 [email protected] STEPHEN SAM 909 851-7717 M ASIAN PACIFIC APPLIED TECHNOLOGY & SCIENCE 5 THIRD ST., STE 1010 SAN FRANCISCO CA 94103 [email protected] ANOOSHEH TARASSOLY 415 777-4287 F OTHER APSI CONSTRUCTION MANAGEMENT 8885 RESEARCH DRIVE IRVINE CA 92618 [email protected] JACOB WILSON 949 679-0202 M ASIAN SUBCONTINENT AQUALITY ENGINEERING, INC 145 BONITA STREET, UNIT E ARCADIA CA 91006 [email protected] HELENE BARIBEAU 714 488-0496 F CAUCASIAN ARB ELECTRICAL, INC. 28545 OLD TOWN FRONT ST. #206 TEMECULA CA 92590 [email protected] ROCHELLE BALKWELL 949 584-0696 F CAUCASIAN ARCON STRUCTURAL ENGINEERS, INC 22391 GILBERTO, SUITE E RANCHO SANTA MARGARI CA 92688 [email protected] HERNAN MONTOYA 949 766-5102 M HISPANIC ARK ENGINEERING 8889 SPARREN WAY SAN DIEGO CA 92129 [email protected] ABDUL KHAN 858 484-9189 M ASIAN PACIFIC ARMAND CONSULTING, INC. 1825 W WALNUT HILL LANE SUITE 120 IRVING TX 75038 [email protected] JOY MORRISON 972 331-2730 F ASIAN SUBCONTINENT ARORA ENGINEERS, INC 61 WILMINGTON-WEST CHESTER PIKE, SUITE 100 CHADDS FORD PA 19317 [email protected] MANIK K. ARORA 610 459-7900 M ASIAN SUBCONTINENT ARRIOLA CONSULTING & INSPECTIONS LLC 8565 S. EASTERN AVE, SUITE 132 LAS VEGAS NV 89123 [email protected] ANGELA ARRIOLA 702 204-7440 M HISPANIC ASCEND ENGINEERING INC. 1540 ELLSMERE AVENUE LOS ANGELES CA 90019 [email protected] TADESE TEFERI 310 963-0817 M BLACK ASHOKA CONSULTING, LLC 402 MAIN STREET SUITE 100-317 METUCHEN NJ 8840 [email protected] NAYEE INDRA 732 606-2529 M ASIAN SUBCONTINENT ASI WEST 1905 W THOMS STREET, STE. 206D HAMMOND LA 70401 [email protected] FREDRICK HOLLIDAY 504 355-3450 M BLACK ATIENZA ENGINEERING, INC 19641 HIAWATHA STREET CHATSWORTH CA 91311 joseph.atienza@aeincorp. JOSEPH ATIENZA 818 554-2517 M ASIAN PACIFIC ATLANTA ANALYTICS, LLC 1334 EDMUND PARK DRIVE ATLANTA GA 30306 [email protected] LAURIE GARROW 470 225-1226 F CAUCASIAN AURIGA CORPORATION 890 HILLVIEW COURT, SUITE 130 MILPITAS CA 95035 [email protected] PARKASH DARYANI 408 946-5400 M ASIAN SUBCONTINENT AUTOMATED SWITCHING & CONTROLS, INC - A S C I 1191 HUNTINGTON DRIVE #227 DUARTE CA 91010 [email protected] JOHNETTA MACCALLA 626 969-8441 F BLACK AVILA & ASSOCIATES CONSULTING ENGINEERS, INC 712 BANCROFT ROAD # 333 WALNUT CREEK CA 94598 [email protected] CATHERINE M.C. AVILA 925 673-0549 F CAUCASIAN AXIOM ENGINEERING & SCIENCE CORP 1322 BELL AVE. STE. 1G TUSTIN CA 92780 [email protected] JOHNATHAN HOU 714 247-1002 M ASIAN PACIFIC AXIS CONSULTING ENGINEERS 245 GOLF LINKS ST. PLEASANT HILL CA 94523 [email protected] STEFAN GARCIA 828 668-2237 M HISPANIC AYCE CONSULTING ENGINEERS, INC. 765 THE CITY CENTER DRIVE SOUTH SUITE 430 ORANGE CA 92868 [email protected] DAVID WOO 855 292-3462 M ASIAN PACIFIC B R G ENGINEERING 3831 N. FREEWAY BLVD., SUITE 110 SACRAMENTO CA 95834 [email protected] NOEL SUAN 916 566-1166 M ASIAN PACIFIC

Page 5 of 7 LIST OF DBE CERTIFIED FIRMS (Supplemental Instructions to Bidders/Proposers) NAICS: 541310, 541320, 541330, 541370, 541430, 541613, 541620, 541910, 541990 Run Date: 06/01/18 DISCLAIMER: Offerors are hereby given notice and advised that the list of certified Disadvantaged Business Enterprises (DBE) contained herein is made available as a outreach resource for offeror's CONVENIENCE ONLY. Metro explicitly expresses that the listing shall not be deemed to be an endorsement of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform work on Metro projects. The certification process does not qualify a firm ’s capability to perform. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE certification eligibility requirements, please contact the Diversity & Equal Opportunity Department (DEOD) Hotline (213) 922-2600, facsimile (213) 922-7660. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.Metro.net For additional information regarding DBE certifications, please go to www.californiaucp.org

Firm/DBA Name Address City State Zip Email Contact Phone Gender Ethnicity

BA, INC. 800 W. SIXTH ST. #400 LOS ANGELES CA 90017 [email protected] KATE SUENRAM 213 622-2100 M BLACK BASE ARCHITECTURE PLANNING AND ENGINEERING, INC 9841 AIRPORT BLVD. LOS ANGELES CA 90045 [email protected] MICHAEL ANDERSON 310 988-1080 M BLACK BAYLINK ENGINEERING & CONSULTING, LLC 10 SERENA PL AMERICAN CANYON CA 94503 [email protected] SANJAYA MISHRA 510 764-1710 M ASIAN SUBCONTINENT BAYPAC CONSULT, INC. 24 CAMINO COURT LAFAYETTE CA 94549 [email protected] FRANCIS LO 925 297-5488 M ASIAN PACIFIC BENGAL ENGINEERING, INC. 250 BIG SUR DRIVE GOLETA CA 93117 [email protected] MOHAMMED WAHIDUZZAMAN 805 563-0788 M ASIAN SUBCONTINENT BETHEL CONTRACTING LLC 2605 DENALI STREET, SUITE 100 ANCHORAGE AK 99503 [email protected] RACHEL DUNLAP M NATIVE AMERICAN BEYAZ & PATEL, INC 10920 VIA FRONTERA, SUITE 210 SAN DIEGO CA 92127 [email protected] SUBHASH PATEL 858 451-0374 M ASIAN SUBCONTINENT BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS 451 CLOVIS AVENUE, SUITE 200 CLOVIS CA 93612 [email protected] DAVID MOWRY 559 326-1400 M NATIVE AMERICAN BLUE LAKE CIVIL 7746 BLUE LAKE DR. SAN DIEGO CA 92119 [email protected] MARGARET H. WITT 619 609-7825 F CAUCASIAN BLUE OCEAN CIVIL CONSULTING 201 W. HARVEY AVENUE SANTA ANA CA 92707 [email protected] JESSICA CASSMAN 949 698-1670 F ASIAN PACIFIC BODHI GROUP INC, THE 1076 BROADWAY, SUITE B EL CAJON CA 92021 [email protected] SREE GOPINATH 858 513-1469 M ASIAN SUBCONTINENT BORETTO + MERRILL CONSULTING LLC 4871 VIANE WAY SAN DIEGO CA 92110 [email protected] ANGELA YON 619 454-7829 F CAUCASIAN BRICE ENVIRONMENTAL SERVICES CORPORATION 3800 CENTERPOINT DRIVE, SUITE 400 ANCHORAGE AK 99503 [email protected] BRETT FOSTER 775 501-1110 M NATIVE AMERICAN BUILDING NETWORKS, INC. 550 S. HOPE ST. #685 LOS ANGELES CA 90071 [email protected] JUN YANG 213 694-3160 M ASIAN PACIFIC BURLESON CONSULTING INC 950 GLENN DRIVE, SUITE 245 FOLSOM CA 95630 [email protected] NADIA MARIE BURLESON 916 984-4651 F CAUCASIAN BURNE ENGINEERING SERVICES, INC 5047 ROBERT J MATTHEWS PKWY #600 EL DORADO HILLS CA 95762 [email protected] LORI BURNE 530 672-1600 F CAUCASIAN BUTANO GEOTECHNICAL ENGINEERING, INC. 231 GREEN VALLEY ROAD, SUITE E FREEDOM CA 95019 [email protected] GREGORY BLOOM 831 724-2612 M HISPANIC C & J TECHNICAL SOLUTIONS & SERVICES, INC. 4000 VALLEY BLVD. #103 WALNUT CA 91789 [email protected] JOHN III JOLLY 909 596-6067 M BLACK C-1 CONSTRUCTION CORP 3454 W. 1ST STREET, STE. #2 LOS ANGELES CA 90004 [email protected] WON KIM 213 365-2123 M ASIAN PACIFIC C2PM 801 SOUTH OLIVE STREET, SUITE 2112 LOS ANGELES CA 90014 [email protected] ROWENA ALTAHA 949 333-3700 F ASIAN PACIFIC CA PROJECT MANAGEMENT CONSULTANTS 19 RUNNINGBROOK IRVINE CA 92620 [email protected] HEGAB MOHAMED 818 441-1055 F OTHER CALIFORNIA TESTING & INSPECTIONS, INC. 15957 VERMONT AVENUE PARAMOUNT CA 90723 [email protected] FABIOLA JAQUE 213 748-4900 F HISPANIC CALIFORNIA WATERSHED ENGINEERING CORP. 1561 E. ORANGETHORPE AVENUE FULLERTON CA 92831 [email protected] VIKRAM BAPNA 714 526-7500 M ASIAN SUBCONTINENT CARL KIM GEOTECHNICAL, INC. 945 BAILEYANA ROAD HILLSBOROUGH CA 94010 [email protected] CARL KIM 949 441-8143 M ASIAN PACIFIC CASAMAR GROUP, LLC 2335 ALAMOS LANE NEWHALL CA 91321 [email protected] JOSEPH JOHN GARCIA 661 254-2373 M HISPANIC CE2 CORPORATION 7901 STONERIDGE DRIVE SUITE 315 PLEASANTON CA 94588 [email protected] CLYDE WONG 925 463-7301 M ASIAN PACIFIC CEC ENGINEERING, INC. 3071 SIMAS AVE. PINOLE CA 94564 [email protected] MARIA CHAN 916 718-8822 F ASIAN PACIFIC CENTRAL COAST TRANSPORTATION CONSULTING 895 NAPA AVENUE, SUITE A-3 MORROW BAY CA 93442 [email protected] JOSEPH FERNANDEZ 805 316-0101 M HISPANIC CENTRAL VALLEY ENGINEERING AND SURVEYING 2132 HIGH STREET SELMA CA 93662 [email protected]; [email protected] NARINDER SAHOTA 559 891-8811 M ASIAN SUBCONTINENT CENTRAL VALLEY ENGINEERING, INC. 1121 OAKDALE ROAD, SUITE 3 MODESTO CA 93638 [email protected] SERGIO CARRERA 209 522-4100 M HISPANIC CENTURY DIVERSIFIED, INC 1917 LONGHILL DR., MONTEREY PARK CA 91754 [email protected] RODRIGO T. GARCIA 323 265-1443 M HISPANIC CET ENGINEERING, INC. 7755 CENTER AVENUE HUNTINGTON BEACH CA 92647 [email protected] WEYMAN KAM 714 372-2280 M ASIAN PACIFIC CG ENGINEERING GROUP, INC. 609 DETROIT STREET LOS ANGELES CA 90063 [email protected] DALIA CORDOBA 661 468-6539 F HISPANIC CHAUDHARY AND ASSOCIATES, INC 211 GATEWAY ROAD WEST, SUITE 204 NAPA CA 94558 [email protected] ARVIN K. CHAUDHARY 707 255-2729 M ASIAN SUBCONTINENT CHESSBAKE ENGINEERING GROUP 657 JOHN DRIVE CORONA CA 92879 [email protected] HUGO D. VILLANUEVA 951 263-6025 M ASIAN PACIFIC CHO DESIGN ASSOCIATES, INC 3001 RED HILL AVENUE, SUITE 6-206 COSTA MESA CA 92626 [email protected] WILBERT CHO 714 427-0680 M ASIAN PACIFIC CHOU'S IMAGE, INC. 4485 ADELIA COURT CONCORD CA 94521 [email protected] HWA-SAN CHOU 925 689-8771 F ASIAN PACIFIC CIVIL ENVIRONMENTAL SURVEY GROUP, INC. 41375 CHAPARRAL DR. TEMECULA CA 92592 [email protected] SKYE GREEN 951 808-8585 F CAUCASIAN CIVIL FORMATIONS, INC 155 GRANADA STREET, SUITE J CAMARILLO CA 93010 [email protected] KATHERINE MCCUNNEY 805 484-4880 F CAUCASIAN CIVIL SENSE INC 13475 DANIELSON STREET, SUITE 150 POWAY CA 92064 [email protected] HENRY PENG 858 842-4353 M ASIAN PACIFIC CIVIL TRANS, INC. 732 N. DIAMOND BAR BLVD., SUITE 128 DIAMOND BAR CA 91765 [email protected] JAVAID ASLAM 909 396-1131 M ASIAN SUBCONTINENT CIVIL WORKS ENGINEERS, INC. 3151 AIRWAY AVE., SUITE T-1 COSTA MESA CA 92626 [email protected] MARIE MARSTON 714 966-9060 F CAUCASIAN CIVILEARTH 17390 DRAKE ST YORBA LINDA CA 92886 [email protected] PETER MENG 714 312-6568 M ASIAN PACIFIC CMH, LLC 303 POTRILLO DR LOS ALAMOS NM 87547 [email protected] CYNTHIA HAYES 505 695-9192 F CAUCASIAN CNS ENGINEERS, INC 1 ORCHARD, SUITE 225 LAKE FOREST CA 92630 [email protected]; [email protected]; JONG LU 949 588-6191 M ASIAN PACIFIC COASTAL ENGINEERING INC 9920 PACIFIC HEIGHTS BLVD, SUITE 150 SAN DIEGO CA 92121 [email protected] JIANXIONG YU 626 757-2398 M ASIAN PACIFIC COLLECTIVE MANAGEMENT SERVICES, INC. 4270 PROMENADE WAY #329 MARINA DEL REY CA 90292 [email protected] HARBANS AHLUWALIA 310 648-6196 M ASIAN SUBCONTINENT COLMENA ENGINEERING 45 VILLANOVA LANE OAKLAND CA 94611 [email protected] BEATRIZ MENDEZ LORA 510 239-7190 F HISPANIC CONCORD ENGINEERING, INC. 705 2ND AVE, SUITE 700 SEATTLE WA 98104 [email protected] XIAOPING ZHANG 206 682-0567 F ASIAN PACIFIC CONNICO INCORPORATED 2594 N. MOUNT JULIET ROAD MOUNT JULIET TN 37122 [email protected] CONNIE S. GOWDER 615 758-7474 F CAUCASIAN CONSTRUCTION INSPECTION SPECIALISTS 8499 OLD REDWOOD HIGHWAY, SUITE #206 WINDSOR CA 95492 [email protected] HARRY STEVEN CLARK 707 838-1679 M NATIVE AMERICAN CONSTRUCTION SCHEDULING EXPERTS 4729 DICKENS DR. GRANITE BAY CA 95746 [email protected] DIVAKAR SOMANCHI 916 396-1588 M ASIAN SUBCONTINENT CONSULTING WEST ENGINEERS 31340 VIA COLINAS, SUITE 102 WESTLAKE VILLAGE CA 91362 [email protected] ROD VASQUEZ 818 889-3383 M HISPANIC CONVERGENT PACIFIC LLC 8975 SW CENTER STREET TIGARD OR 97223 [email protected] HARDY LI 503 747-3569 M ASIAN PACIFIC

Page 6 of 7 LIST OF DBE CERTIFIED FIRMS (Supplemental Instructions to Bidders/Proposers) NAICS: 541310, 541320, 541330, 541370, 541430, 541613, 541620, 541910, 541990 Run Date: 06/01/18 DISCLAIMER: Offerors are hereby given notice and advised that the list of certified Disadvantaged Business Enterprises (DBE) contained herein is made available as a outreach resource for offeror's CONVENIENCE ONLY. Metro explicitly expresses that the listing shall not be deemed to be an endorsement of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform work on Metro projects. The certification process does not qualify a firm ’s capability to perform. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE certification eligibility requirements, please contact the Diversity & Equal Opportunity Department (DEOD) Hotline (213) 922-2600, facsimile (213) 922-7660. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.Metro.net For additional information regarding DBE certifications, please go to www.californiaucp.org

Firm/DBA Name Address City State Zip Email Contact Phone Gender Ethnicity

COOPER PUGEDA MANAGEMENT, INC 65 MCCOPPIN STREET SAN FRANCISCO CA 94103 [email protected] ISMAEL PUGEDA 415 543-6515 M ASIAN PACIFIC

Page 7 of 7 LIST OF CERTIFIED FIRMS (DISCLAIMER) (SBE Supplemental Instructions to Proposers/Proposers Form 069 – Attachment I)

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-16 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 LIST OF CERTIFIED FIRMS (DISCLAMER)

Run date : 6/1/2018 SBE Certified

NAICS selected : 541310 - Architectural Services;,541320 - Landscape Architectural Services;,541330 - Engineering Services;,541370 - Surveying and Mapping (except Geophysical) Services;,541430 - Graphic Design Services;,541613 - Marketing Consulting Services;,541620 - Environmental Consulting Services;,541720 - Research and Development in the Social Sciences and Humanities;,541910 - Marketing Research and Public Opinion Polling;,541990 - All Other Professional, Scientific, and Technical Services;

Offerors are hereby given notice and advised that the list of certified firms contained herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicitly expresses that the listing shall not be deemed to be an endorsement of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform work on Metro projects. The certification process does not qualify a firm ’s capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding SBE eligibility requirements, please contact the Certification Hotline (213) 922-2600, facsimile (213) 922-7660. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.Metro.net

FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

541310 - Architects' (except landscape) offices; Architectural (except Total: 1 landscape) services Sustinere (DBA: Sustinere Consulting) Menka Sethi 2557 Greta Place San Luis Obispo, CA 93405 (510) 205-5944 [email protected] Sustainable development, economic, transportation and land use consulting

541310 - Architectural (except landscape) services Total: 13

Chee Salette Architecture Office, dba Tina Chee Tina Chee 1800 South Brand Blvd., Studio GLENDALE, CA 91204 (323) 691-6647 [email protected] Landscape Studio (DBA: Tina Chee 212 Architectural design and architectural landscaping Christof Jantzen Architectural Corporation dba Christof Jantzen 4870 W Adams Blvd Los Angeles, CA 90016 (323) 641-7110 [email protected] Studio Jantzen Architectural services Coda Group, Inc (DBA: Coda) Jennifer Turchin 6853B West Charleston Blvd. Las Vegas, NV 89117 (702) 795-2285 [email protected] Provides sustainability consulting and architecture and planning services David Ke | Design Collaborative Studio (DK|DCS) David Ke 5903 Los Angeles Way Buena Park, CA 90620 (626) 536-2913 [email protected] Architectural services Donald Davidson Architect Donald L. Davidson 340 Marygrove Road Claremont, CA 91711 (818) 766-3223 [email protected] Architectural services John Bollinger DBA The Mentor Group (DBA: The John Bollinger 3612 Barham Blvd W313 Los Angeles, CA 90068 (323) 823-7442 [email protected] Mentor Group) Consulting services for architectural, real estate, project management, infrastructural, cost estimating & scheduling, and urban planning KAL ARCHITECTS, INC. (DBA: KAL Architects) Rita Kalwani 12-J MAUCHLY DRIVE, IRVINE, CA 92618 (949) 450-8420 [email protected] Architecture, construction management Kaneshiro Diamante Architects Inc. (DBA: KDA, Albert Kaneshiro 2925 Veteran Ave Los Angeles, CA 90064 (310) 730-3363 [email protected] Inc.) Architectural services KRITZINGER + RAO (DBA: Kritzinger + Rao) Srivinas M. Rao 414 Boyd St. Suite B LOS ANGELES, CA 90013 (213) 613-1922 [email protected] Architecture, planning, urban design, and interior design Lyric Design and Planning Siobhan Burke 2227 Lyric Avenue Los Angeles, CA 90027 (323) 377-6587 [email protected] Architectural services Synthesis Design + Architecture, Inc. Alvin Huang 724 S. Spring Street, #1101 Los Angeles, CA 90014 (213) 438-9967 [email protected] Architectural services

page 1 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Timothy Chan Young (DBA: Chan Young Timothy Young 2601 e chapman ave Fullerton, CA 92831 (949) 825-9765 [email protected] Architects) Architectural services Vesselcrossing Inc. dba Vesselcrossing Jose Joaquin Vargas 600 Wilshire Blvd, Suite 500 Los Angeles, CA 90017 (626) 399-0466 [email protected] Architecture Architecture services

541310 - Architectural Services; Architectural (except landscape) Total: 42 services Aguilar & Associates GUILLERMO 1400 QUAIL STREET #255 NEWPORT BEACH, CA 92660 (949) 387-5949 [email protected] AGUILAR Architecture, Urban Planning Amy Karn (DBA: Amy Braun Architects) Amy Braun 1341 North Miller Street Anaheim, CA 92806 (714) 646-9582 [email protected] Architectural Design B plus U, LLP (DBA: B plus U, llp) SCOTT URIU 834 S. BROADWAY #502 LOS ANGELES, CA 90014 (213) 623-6347 [email protected] Architectural services Barrio Planners Inc. FRANK VILLALOBOS 5271 EAST BEVERLY BLVD LOS ANGELES, CA 90022 (323) 726-7734 [email protected] Landscape Architecture/Architecture, Planning & Urban Design BASE ARCHITECTURE PLANNING & Michael Anderson 5901 W. Century Boulevard., Los Angeles, CA 90745 (310) 988-1080 [email protected] ENGINEERING INC Suite 822 Architecture, urban design and predevelopment professional services Bobby Knox Architect BOBBY KNOX 3763 GRIFFITH VIEW DR LOS ANGELES, CA 90039 (323) 663-5174 [email protected] Architectural Services Brooks + Scarpa Architects, Inc. Angela Brooks 4611 W. SLAUSON AVENUE LOS ANGELES, CA 90043 (323) 596-4702 [email protected] Architectural and urban design CHATTEL, INC. (DBA: Chattel, Inc.) Robert Chattel 13417 Ventura Blvd LOS ANGELES, CA 91423 (818) 788-7954 [email protected] Historic preservation consulting services City Design Studio, LLC FAROOQ Aheem 1100 S. Flower Street, Suite 3300 Los Angeles, CA 90015 (213) 222-8136 [email protected] Architectural Services Cityworks Design (DBA: CITYWORKS Design) LISA PADILLA 16 N. MARENGO AVENUE, PASADENA, CA 91101 (626) 304-9034 [email protected] SUITE 412 Urban design and architecture with a special focus on public realm and transportation projects FennARC STUDIO, Inc. MARJORIE 1034 E. SERVICE AVENUE WEST COVINA, CA 91790 (626) 916-0077 [email protected] FENNELL Architectural services Finger & Moy, Inc. dba FMG Architects Claudia Guadagne 633 W. 5th St. #2885 Los Angeles, CA 90071 (213) 622-0134 [email protected] Architectural services Gant Architects, Inc. Jason Gant 420 S SAN PEDRO #530 LOS ANGELES, CA 90013 (310) 598-1526 [email protected] Architectural services Gwynne Pugh Urban Studio, Inc. Gwynne Pugh 2800 28TH ST STE 171 SANTA MONICA, CA 90405 (310) 396-4540 [email protected] Architectural and engineering urban design HARMONICA, INC. (DBA: HODGETTS & FUNG HSIN-MING FUNG 5837 ADAMS BLVD. CULVER CITY, CA 90232 (323) 937-2150 [email protected] DESIGN & ARCHITECTURE) Architectural services Hron & Hron Architect (DBA: Hron & Hron MAGDALEN HRON 7064 MACAPA DRIVE LOS ANGELES, CA 90068 (323) 969-0400 [email protected] Architects) Architectural Services

page 2 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Iron Horse Architects, Inc. Virginia McAllister 1900 N. Grant St. Suite 1130 Denver, CO 80203 (720) 855-7572 [email protected] Full service architectural firm John Kaliski Architects John Kaliski 3780 Wilshire Blvd LOS ANGELES, CA 90010 (213) 383-7980 [email protected] Architectural Services and Urban Design Kendall Planning + Design ALISON KENDALL 2502 CALIFORNIA AVENUE SANTA MONICA, CA 90403 (310) 586-1557 [email protected] Architectural design and planning services. MAUD Development Inc. Jae Chung 12611 Hiddencreek Way, Suite G Cerritos, CA 90703 (562) 926-8801 [email protected] Architectural and construction services Metcalfe Associates Michael Metcalfe 1421 Pandora Avenue Los Angeles, CA 90024 (310) 474-6418 [email protected] Urban design - development planning for TOD master planning for mix use development Metier Group, Inc. MEDINAH ADAL 300 W. OCEAN BLVD. #6807 LONG BEACH, CA 90802 (213) 973-8246 [email protected] Architectural Services NCA Studio, Inc. NICOLE CANNON 453 S. Spring Street #508 LOS ANGELES, CA 90013 (323) 445-6084 [email protected] Architectural Services Okapi Architecture Inc. Ying Wang 1019 GREEN LANE LA CANADA, CA 91011 (818) 952-6328 [email protected] Architectural and environmental consulting ONYX ARCHITECTS, INC. Dale Brown 316 N Sierra Madre Blvd Pasadena, CA 91107 (626) 405-8001 [email protected] Architecture - planning, interior design Oyler Wu Collaborative Jenny Wu 2450 Hyperion Ave Los Angeles, CA 90027 (323) 522-6168 [email protected] Architectural services Ragle Architects, Inc. (DBA: office42 Stephanie Ragle 1515 Echo Park Avenue Los Angeles, CA 90026 (213) 278-0703 [email protected] architecture) Architecture and Interior Design RAW International STEVEN LOTT 800 S. Figueroa St, Ste 600 LOS ANGELES, CA 90017 (213) 622-4993 [email protected] "Architecture & Planning Management " Resource Bridging, Inc. Hao Hoang 1845 Corinth Avenue Los Angeles, CA 90025 (424) 832-1046 [email protected] Architectural services Richard J. Levy, AIA, APA dba Architectural Richard Levy 940 W KENSINGTON RD LOS ANGELES, CA 90026 (213) 250-0100 [email protected] Photography & Design Architectural Photography, Construction Progress Photography & Videography, Construction Management, and Licensed Architect RWBID Construction Management, LLC Matthew Feldhaus 139 HERMOSA AVENUE HERMOSA BEACH, CA 90254 (626) 888-9411 [email protected] Construction management, design, architecture, engineering S A A Associates, A Sole Proprietorship Segun Abegunrin 3688 Fair Oaks Altadena, CA 91001 (818) 437-8452 [email protected] Management consulting, architecture, planning, project management, and construction management SONIA NICHOLSON SONIA NICHOLSON 1107 Fair Oaks #194 South Pasadena, CA 91030 (323) 258-7384 [email protected] Design and project management for architecture and landscape architecture SRD Architects, Inc. Shirish Desai 3920 E. CORONADO ST. #201 ANAHEIM, CA 92807 (714) 688-0212 [email protected] Architectural Design and Construction Project Management Stepping Thru Accessibility JANIS KENT 3708 CEDAR AVENUE LONG BEACH, CA 90807 (562) 426-9363 [email protected] Architecture handicap accessibility Stern Architects, Inc. Robert Stern 2961 W. MacArthur Blvd. #120 Santa Ana, CA 92704 (714) 556-2656 [email protected] Architects TDPSTL, LLC Richard Atkins 13 Country Lane Florissant, MO 63033 (314) 533-1996 [email protected] Architecture, planning, interior design, program/construction management.

page 3 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Ted Tokio Tanaka Architects Ted Tanaka 11307 Hindry Ave. Los Angeles, CA 90045 (310) 484-1800 [email protected] Architecture, Planning & Urban Design Urban Field Studio Jane Hua Lin 2169 FOLSOM STREET, M304 SAN FRANCISCO, CA 94110 (415) 754-9304 [email protected] Urban Design, Conceptual Architecture, and Planning Yung Architects Janet Rhee 166 W POMONA AVE MONROVIA, CA 91016 (626) 415-6964 [email protected] Architectural ZT CONSULTING GROUP INC. Nazanin Zarkesh 450 N. Brand Blvd. Suite 600 GLENDALE, CA 91203 (818) 291-6215 [email protected] Professional engineering and architectural services ZW&A Planning and Architecture Zhen Wu 110 E. Avenida Ramona San Clemente, CA 92672 (949) 394-4860 [email protected] Architectural services, urban design and planning

541320 - Landscape architects' offices; Urban planners' offices Total: 1

Asakura Robinson Company LLC Keiji Asakura 1902 Washington Avenue Houston, TX 77007 (713) 337-5830 [email protected] Planning, urban design, landscape architecture

541320 - Landscape architectural services; Urban planners' offices Total: 29

BAE Urban Economics, Inc. Matt Kowta 2600 10TH ST STE 300 BERKELEY, CA 94710 (510) 547-9380 [email protected] Urban and Real Estate Economics Consulting Firm Barrio Planners Inc. FRANK VILLALOBOS 5271 EAST BEVERLY BLVD LOS ANGELES, CA 90022 (323) 726-7734 [email protected] Landscape Architecture/Architecture, Planning & Urban Design Chee Salette Architecture Office, dba Tina Chee Tina Chee 1800 South Brand Blvd., Studio GLENDALE, CA 91204 (323) 691-6647 [email protected] Landscape Studio (DBA: Tina Chee 212 Architectural design and architectural landscaping City Design Studio, LLC FAROOQ Aheem 1100 S. Flower Street, Suite 3300 Los Angeles, CA 90015 (213) 222-8136 [email protected] Architectural Services Cityworks Design (DBA: CITYWORKS Design) LISA PADILLA 16 N. MARENGO AVENUE, PASADENA, CA 91101 (626) 304-9034 [email protected] SUITE 412 Urban design and architecture with a special focus on public realm and transportation projects Cornerstone Studios, Inc. RENIE Meier-Wong 106 W. FOURTH STREET, 5TH SANTA ANA, CA 92701 (714) 973-2200 [email protected] Wilson FLOOR Landscape Architecture DIG Designitgreen (DBA: Designitgreen) Martin Allen 973 E Main St Ventura, CA 93001 (805) 364-2377 [email protected] Landscape Architecture Duane Border Design Duane Border 448 South Hill Street Los Angeles, CA 90013 (213) 265-7246 [email protected] Landscape architectural services: including design; construction documentation; administration and close out Gregory Paul Zoll dba Landscape Dynamics Sara Zoll 3359 Locust Street Riverside, CA 92501 (951) 264-8195 [email protected] Landscape architecture; site planning, certified arborist Hood Transportation Consulting Jeffrey Hood 7722 SE 15th Ave. Portland, OR 97202 (503) 477-4338 [email protected] Travel demand forecasting and transportationplanning technical and scientific consulting services John Kaliski Architects John Kaliski 3780 Wilshire Blvd LOS ANGELES, CA 90010 (213) 383-7980 [email protected] Architectural Services and Urban Design Kendall Planning + Design ALISON KENDALL 2502 CALIFORNIA AVENUE SANTA MONICA, CA 90403 (310) 586-1557 [email protected] Architectural design and planning services. KTU & A Sharon Singleton 3916 Normal Street San Diego, CA 92103 (619) 294-4477 [email protected] Planning and landscape architecture

page 4 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Land Econ Group, LLC TANYA 555 BARTLETT STREET, UNIT SAN FRANCISCO, CA 94110 (415) 283-8517 [email protected] CHIRANAKHON 407 Land Planning economics and economic development consulting Landscape Architecture and Urban Design STEVEN EDWARD 110 S Swall Dr # 302 LOS ANGELES, CA 90048 (424) 777-0749 [email protected] CHAVEZ Landscape design Lynn Capouya, Inc. Lynn Capouya 17992 MITCHELL SOUTH #110 IRVINE, CA 92614 (714) 556-2500 [email protected] Landscape Architectural/Design Services Mary-Kate Boyd, Landscape Architect MARY-KATHLEEN 41 SAN CLEMENTE STREET VENTURA, CA 93001 (805) 822-2082 [email protected] BOYD Landscape Architecture MLA Green Inc (DBA: MIA LEHRER + MIA LEHRER 185 South Myers Street Los Angeles, CA 90033 (213) 384-3844 [email protected] ASSOCIATES) Landscape architecture professional consulting services Nuvis Perry Cardoza 3151 AIRWAY AVENUE, SUITE COSTA MESA, CA 92626 (714) 754-7311 [email protected] J-3 Landscape architect Pamela Studios, Inc. (DBA: Pamela Studios Inc.) Pamela Sue Brief 3400 Fairesta Street La Crescenta, CA 91214 (818) 726-0456 [email protected] Landscape architectural services, urban planning RELM, Inc. Scott Baker 617 South Olive Street, Suite Los Angeles, CA 90014 (213) 673-4400 [email protected] 1110 Landscape architecture, urban design and planning Robin Lynch (DBA: Regenerative Design Robin Lynch 302 W. 5th Street Suite 311 SAN PEDRO, CA 90731 (424) 248-2804 [email protected] Studios) Landscape and irrigation design, consulting and project management SONIA NICHOLSON SONIA NICHOLSON 1107 Fair Oaks #194 South Pasadena, CA 91030 (323) 258-7384 [email protected] Design and project management for architecture and landscape architecture Spurlock Landscape Architects Leigh Kyle 2122 Hancock Street San Diego, CA 92110 (619) 681-0090 [email protected] Landscape architecture services Tatsumi and Partners, Inc. David H. Tatsumi 49 Discovery, Suite 120 Irvine, CA 92618 (949) 453-9901 [email protected] Landscape Architecture TransLink Consulting, LLC Lisa Young 1191 Innisfree Court Fullerton, CA 92831 (714) 768-5242 [email protected] Transportation Planning Services Translutions, Inc. Sandipan 17632 Irvine Blvd, Ste 200 Tustin, CA 92780 (949) 232-7954 [email protected] Bhattacharjee Transportation Planning; Traffic Engineering & Environmental Consulting Urban Field Studio Jane Hua Lin 2169 FOLSOM STREET, M304 SAN FRANCISCO, CA 94110 (415) 754-9304 [email protected] Urban Design, Conceptual Architecture, and Planning Yunsoo Kim Design, Inc. Yunsoo Kim 404 Shatto Place #444 Los Angeles, CA 90020 (213) 220-9699 [email protected] Urban design and landscape architecture design services for transit

541320 - Urban planners' offices Total: 12

3314 Urban Consulting Anders 432 S New Hampshire Ave Los Angeles, CA 90020 (323) 872-9156 [email protected] Bjerregaard-Andersen Urban planning services; land use design Bespoke Transit Solutions Inc Aileen Carrigan 252 Spruce Street Boulder, CO 80302 (650) 468-5369 [email protected] Urban transportation planning and design consulting services.

page 5 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

DCR Design, LLC Charu Kukreja 314 North Stanley #1 Los Angeles, CA 90036 (312) 218-1550 [email protected] Transportation planning and information design Deborah Murphy Urban Design + Planning DEBORAH MURPHY 2351 SILVER RIDGE AVENUE LOS ANGELES, CA 90039 (323) 661-3173 [email protected] Urban planning, land use planning Dunbar Transportation Consulting LLC Julie KP Dunbar 24 Laurel Wood Drive Bloomington, IL 61704 (309) 287-7836 [email protected] Transportation planning and travel modeling as a consultant Foursquare Integrated Transportation Planning, Lora Byala 51 Monroe Street Rockville, MD 20850 (301) 774-4566 [email protected] Inc. Urban planning services, transportation planning consulting, and transportation management consulting services KRITZINGER + RAO (DBA: Kritzinger + Rao) Srivinas M. Rao 414 Boyd St. Suite B LOS ANGELES, CA 90013 (213) 613-1922 [email protected] Architecture, planning, urban design, and interior design Madrid Consulting Group, LLC HENRY MADRID 297 MOLINO AVENUE LONG BEACH, CA 90803 (562) 866-3265 [email protected] Economics, urban planning and real estate consulting Metropolitan Research and Economics, Inc. David Bergman 1819 Stanford Santa Monica, CA 90404 (310) 991-9585 [email protected] Urban planning and economic development consulting PACIFIC PLANNING GROUP INC Karen Blankenzee 668 N COAST HWY #401 LAGUNA BEACH, CA 92651 (949) 465-8290 [email protected] Urban planning entitlements, permits and owner representations for real estate development URBANTRANS CONSULTANTS, INC. (DBA: Joddie Gray 1543 Champa Street, Suite 201 Denver, CO 80202 (720) 570-3343 [email protected] UrbanTrans North America) Transportation, urban planning consulting ZW&A Planning and Architecture Zhen Wu 110 E. Avenida Ramona San Clemente, CA 92672 (949) 394-4860 [email protected] Architectural services, urban design and planning

541320 - Urban planning services; Urban planners' offices Total: 2

CANETE MEDINA CONSULTING GROUP INC Isabel J 10 S. Riverside Plaza, Ste. 875 Chicago, IL 60606 (847) 475-8099 [email protected] Canete-Medina Provide transportation and urban planning services, market research, data collection, and data processing, data analytics, GIS and CADD services for private sector and public sector Here Design Studio, LLC Amber Hawkes 1855 Redesdale Avenue Los Angeles, CA 90026 (323) 686-1814 [email protected] Urban design and urban planning consulting

541330 - Acoustical engineering consulting services; Engineering Total: 2 services Antonio Acoustics Nicholas Antonio 5403 Onacrest Dr Los Angeles, CA 90043 (310) 882-5099 [email protected] Acoustical consulting Menlo Scientific Acoustics, Inc. Neil Shaw 101 S Topanga Cyn Bl TOPANGA, CA 90290 (310) 455-2221 [email protected] Consultants in acoustics and communication technologies

541330 - Engineering consulting services; Engineering services Total: 18

AAA Engineering, Ltd. (DBA: AAA Rachel Borenstein 4323 W. Irving Park Rd Chicago, IL 60641 (773) 657-3300 [email protected] Engineering,Ltd.) Mechanical/electrical/plumbing engineering consulting services, construction management and inspection services AYCE Consulting Engineers, Inc. David Woo 765 The City Dr. S. Orange, CA 92868 (855) 292-3462 [email protected] Engineering Consulting & Construction Management Blue Ocean Civil Consulting Jessica A Cassman 201 W. Harvey Ave SANTA ANA, CA 92707 (714) 655-1441 [email protected] Engineering design services and water quality consulting, site design, land development and geospatial information systems Bushman Engineering, Inc. Matthew Bushman 8111 Branding Iron Lane Riverside, CA 92508 (951) 310-2040 [email protected] Design, construction management and project management, primarily for the commuter railroad industry

page 6 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

DC ENGINEERING GROUP, INC. dba CG DALIA CORDOBA 609 s detroit st los angeles, CA 90036 (213) 908-4096 [email protected] ENGINEERING GROUP, INC Engineering consulting services DELFI Solutions, Inc. NITIN KAPADIA 2539 N. Alden St. Simi Valley, CA 93065 (805) 208-1354 [email protected] Provides MEP engineering and technology consulting services Infrastructure Factor Consulting, Inc. (DBA: Behnaz 'Brittany' 2361 Rosecrans Ave. El Segundo, CA 90245 (310) 725-1500 [email protected] iFactor Consulting, Inc.) Dianat Mechanical, electrical, and plumbing engineering Infrawest dba InfraWEST Ali Altaha 22601 Summerfield Mission Viejo, CA 92692 (510) 812-5210 [email protected] Construction management, project management, construction inspection, P3 IQON ENGINEERS, INC. ABU SYED MD 10 TURNING LEAF WAY AZUSA, CA 91702 (626) 804-7770 [email protected] ISRAIL Professional engineering from providing structural & civil K. J. Aro & Associates, Inc. Kayode Arowosegbe 11431 Aclare Street Artesia, CA 90701 (562) 544-1963 [email protected] Engineering, construction management LEVINE/SEEGEL ASSOCIATES ARAVIND SHENOY 2601 OCEAN PARK BLVD., SANTA MONICA, CA 90405 (310) 450-1990 [email protected] #212, Consulting services in the design of mechanical & electrical systems PKJ Consulting Patricia Johns 153 Paseo De Las Delicias Redondo Beach, CA 90277 (310) 294-0925 [email protected] Civil engineering consulting Rubicon Engineering Corporation Vida Tarassoly 12831 Newport Avenue Tustin, CA 92869 (714) 573-0081 [email protected] Engineering services S2 ENGINEERING Sagar Pandey 8608 UTICA AVENUE RANCHO CUCAMONGA, CA 91701 (909) 373-8240 [email protected] Engineer consulting: civil engineering, traffic engineering, material TransMat, Inc. Kreethai Mekchai 8966 Benson Ave. Montclair, CA 91763 (626) 532-7705 [email protected] Engineering consulting, materials field testing, laboratory testing, and field inspection services Triunity Engineering & Management, Inc. Marvin Thomas 621 17th St Ste 950 Denver, CO 80293 (720) 543-0919 [email protected] engineering and management VS2 Consulting, Inc. Sean Vargas 1048 Fortune Way Los Angeles, CA 90042 (310) 617-2569 [email protected] Civil engineering consulting ZT CONSULTING GROUP INC. Nazanin Zarkesh 450 N. Brand Blvd. Suite 600 GLENDALE, CA 91203 (818) 291-6215 [email protected] Professional engineering and architectural services

541330 - Engineering design services; Engineering services Total: 1

Horton Lees Brogden Lighting Design Inc. E. Teal Brogden 8580 Washington Blvd Culver City, CA 90232 (212) 674-5580 [email protected] Internal/exterior electric lighting design services

541330 - Engineering services Total: 200

A E S C O Inc Kay Alabed 17782 GEORGETOWN LANE HUNTINGTON BEACH, CA 92647 (714) 375-3830 [email protected] Lab testing & analysis, engineering, construction materials testing, construction engineering & inspection, consultant, environmental, geotechnical, engineering seismic, engineering value, market research & FOCUS group A P Engineering & Testing, Inc. Apichart 2607 Pomona Blvd Pomona, CA 91768 (909) 869-6316 [email protected] Phukunhaphan Geotechnical Engineering Services and testing A Train Enterprises, Inc. SARAH J. WINEMAN 172 Arvada Court San Ramon, CA 94583 (925) 828-6499 [email protected] Engineering and technical services realted to transit vehicles

page 7 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Abratique & Associates, Inc. EFREN ABRATIQUE 3303 WILSHIRE BLVD., SUITE LOS ANGELES, CA 90010 (213) 251-5960 [email protected] 330 Engineering Services Act Consulting Engineers, Inc. (DBA: Advanced Isaac Alonso Rice 6 HUTTON CENTRE DRIVE, SANTA ANA, CA 92707 (714) 662-2288 [email protected] Civil Technologies) SUITE 450 Engineering Consulting Services Acumen Building Enterprise, Inc. Walter E. Allen 7770 Pardee Lane Oakland, CA 94621 (510) 530-3029 [email protected] Infrastructure management and intelligent transportation systems ADKO Engineering, Inc. Majdi Kanaan 2267 LAVA RIDGE CT STE 100 ROSEVILLE, CA 95661 (916) 788-0100 [email protected] Engineering services, design and construction management ADVANTEC Consulting Engineers, Inc. Leo Lee 1200 Roosevelt Irvine, CA 92620 (949) 861-4999 [email protected] Professional traffic engineering AEC Consultants, Inc. Albert Leung 9246 Key West Street Temple City, CA 91780 (626) 734-8233 [email protected] Engineering and project management consulting services Aero Environmental Services Brian Stratouly 131 South Glassell Street, Suite ORANGE, CA 92866 (714) 516-1812 [email protected] A Environmental Consulting Services - Indoor Air Quality Air Evaluations, Industrial Hygiene Services AK CONSULTING ENGINEERS, INC Ed Kouzi 470 Wald IRVINE, CA 92618 (949) 387-2221 [email protected] Civil engineering services Albert Wilson & Associates Chidi Onumonu 17409 VALLEY BLVD, UNIT 80 FONTANA, CA 92316 (909) 346-0848 [email protected] Traffic engineering consultant and general engineering contractor. ALLAN E. SEWARD ENGINEERING GEOLOGY, Susan Seward 27825 Smyth Drive SANTA CLARITA, CA 91355 (661) 294-0065 [email protected] INC. Geologic and geotechnical consulting services Allied Electrical Engineers Petro Balayan 4216 Ethel Avenue #2 Studio City, CA 91604 (562) 209-4979 [email protected] Electrical Engineer, Design & Electrical Contractor Allied Geotechnical Engineers, Inc. Tiong Liem 9500 CUYAMACA ST., STE 102 SANTEE, CA 92071 (619) 449-5900 [email protected] Geotechnical engineering consulting AMEL Technologies, Inc. Melek Yalcintas 2800 Woodlawn Drive Honolulu, HI 96822 (808) 988-0200 [email protected] Engineering Services Analyzer International Inc. Eng YEONG 277 Downs Road Tustin, CA 92782 (925) 325-1838 [email protected] Construction management and inspection support AndersonPenna Partners, Inc. Lisa Penna 3737 Birch St. Suite 250 Newport Beach, CA 92660 (949) 728-1500 [email protected] Engineering Consulting Services to Public Agencies and Railroads Anil Verma Associates, Inc. Anil Verma 444 S. Flower St., #1688 Los Angeles, CA 90071 (808) 369-8108 [email protected] Architecture, Engineering and Construction Manaagement Antich Consulting Inc. Pattie Antich 7623 Alverstone Avenue Los Angeles, CA 90045 (310) 480-8046 [email protected] Civil engineer providing construction management Apollo Structural Corp. Stephen Sam 4968 Arrow Hwy #F Montclair, CA 91763 (909) 851-7717 [email protected] Structural engineering, design, storm water pollution prevention plans APSI Construction Management (DBA: APSI Ashok Apte 8885 Research Irvine, CA 92618 (949) 679-0202 [email protected] Construction Management Inc.) Construction management ARB ELECTRICAL, INC. (DBA: ARB Electrical, Andrew Balkwell 1401 N. El Camino Real San CLemente, CA 92672 (949) 584-0696 [email protected] Inc.) Engineering services; drafting

page 8 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Arcon Structural Engineers, Inc. HERNAN MONTOYA 22391 GILBERTO, SUITE E RANCHO SANTA MARGARI, CA (949) 766-5102 [email protected] 92688 Consulting structural engineering services Armand Consulting, Inc. (DBA: Armand Mahvash Armand 1825 W Walnut Hill Lane Irving, TX 75038 (972) 331-2730 [email protected] Consulting, Inc) Engineering services Ascend Engineering, Inc. Tadesse TEFERI 1540 ELLSMERE AVENUE LOS ANGELES, CA 90019 (310) 963-0817 [email protected] Civil engineering, construction and project management Ascent Signal Engineering LLC Marylou Holt 9105 Schutte Lane Corcoran, MN 55340 (763) 898-3738 [email protected] Railroad signal engineering Atienza Engineering Inc. Joseph Atienza 19641 Hiawatha Street Chatsworth, CA 91311 (818) 884-2517 [email protected] Engineering services Axiom Engineering & Science Corporation (DBA: Johnathan Hou 1322 BELL AVE. STE. 1G TUSTIN, CA 92780 (714) 247-1002 [email protected] Axiom Corporation) Civil engineering, construction management BA Inc. (DBA: BA, Inc.) Hope Bullock 800 W. 6TH ST. #400 LOS ANGELES, CA 90017 (213) 622-2100 [email protected] Project Management; Design Build; Engineering Beyaz & Patel, Inc. Subhash Beyaz 10920 Via Frontera San Diego, CA 92127 (858) 451-0374 [email protected] Engineering (structural) consulting Blair, Church & Flynn Consulting Engineers David Mowry 451 Clovis Ave. #200 CLOVIS, CA 93612 (559) 326-1400 [email protected] Civil engineering, land surveying, landscape architecture Building Networks, Inc. (DBA: Building Networks Jun Yang 550 South Hope St Los Angeles, CA 90071 (213) 694-3160 [email protected] Group) Engineering Services C & J Technical Solutions and Services, Inc. John Jolly 4000 Valley Blvd. Walnut, CA 91789 (909) 598-6067 [email protected] Engineering Consulting C E T Engineering, Inc. WEYMAN KAM 100 N. Barranca Avenue #700 WEST COVINA, CA 91791 (626) 858-2018 [email protected] Engineering consulting services C2PM Rowena Altaha 801 S.Olive Street, Suite 2112 Los Angeles, CA 90014 (949) 333-3700 [email protected] Professional program and construction management CA Project Management Consultants (DBA: C A Mohamed Hegab 19 Runningbrook IRVINE, CA 92620 (949) 331-9564 [email protected] Project Management Consultants) Engineering Management Consulting California Testing & Inspections, Inc. (DBA: Fabiloa Jaque 15957 Vermont Ave, Paramount, Paramount, CA 90723 (213) 488-8493 [email protected] California Testing & Inspections) CA 90723 Engineering Services, Testing Laboratory and Field Inspection Services Carl Kim Geotechnical, Inc. CARL KIM 945 Baileyana Road Hillsborough, CA 94010 (949) 441-8143 [email protected] Geotechnical engineering consultant Casamar Group, LLC Joseph Garcia 23335 ALAMOS LANE NEWHALL, CA 91321 (661) 254-2373 [email protected] Engineering consulting and contract labor compliance CEMS Construction Engineering Management Saeid Asgari 14252 Culver Drive A-296 Irvine, CA 92604 (949) 379-4481 [email protected] Solutions Inc. Engineering Consulting, Project Management, Construction Management Century Diversified, Inc. RODRIGO T. 1917 Longhill Drive Monterey Park, CA 91754 (343) 265-1443 [email protected] GARCIA Civil Engineering and Construction Management

page 9 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Chen Ryan Associates, Inc. (DBA: Chen Ryan Monique Chen 3900 5th Avenue Suite 310 San Diego, CA 92103 (619) 795-6086 [email protected] Associates) Transportation planning and traffic engineering CHS Consulting Inc. dba CHS Consulting Group CHI-HSIN SHAO 1055 Wilshire Blvd. #1450 Los Angeles, CA 90017 (415) 392-9688 [email protected] Transportation/Planning/Traffic Engineering & Transit Planning CIVIL ENVIRONMENTAL SURVEY GROUP INC Skye Green 41375 Chaparral Dr. Temecula, CA 92592 (951) 808-8585 [email protected] (DBA: CES) Environmental consulting, environmental engineering and remediation Civil Works Engineers, Inc. Marie Marston 3151 AIRWAY AVE., SUITE T-1 COSTA MESA, CA 92626 (714) 966-9060 [email protected] Civil engineering consulting planning and design CivilEarth PETER MENG 17390 Drake Street Yorba Linda, CA 92886 (714) 312-6568 [email protected] Engineering services & construction management; provider of modular buildings; provider of Desktop Application Development, Mobile Application Development, and Web based Application development. CNS Engineers, Inc. Jong-Jiann LU 5 TESSERA AVENUE FOOTHILL RANCH, CA 92610 (949) 588-6191 [email protected] Design of Civil Roadway and Bridge Structures Collective Management Services, Inc. HARBANS 42 LA SERENA COURT ALAMO, CA 94507 (310) 648-9169 [email protected] AHLUWALIA Project and Construction Management Services Costa & Associates, Inc. Orlando Costa 1543 W GARVEY AVE NORTH WEST COVINA, CA 91790 (626) 960-1811 [email protected] STE 215 Strucural Engineering CPO ENTERPRISES, INC. CHRISTINE OLIVAS 846 NORTH CHARTER DRIVE COVINA, CA 91724 (626) 967-4300 [email protected] Construciton & Construction Management Crawford & Associates, Incorporated Sarah Crawford 4030 S. Land Park Dr.Suite C SACRAMENTO, CA 95822 (916) 425-8448 [email protected] Geotechinal Engineering CSDA Design Group Randy Waldeck 475 Sansome Street San Francisco, CA 94111 (415) 693-9800 [email protected] Full-service architectural and acoustical firm CTI Environmental, Inc. Robin Thorne 180 E. Ocean Blvd, Suite 650 Long Beach, CA 90802 (562) 608-8401 [email protected] Environmental Testing and Remediation CWE dba California Watershed Engineering Jason Pereira 1561 E. ORANGETHORPE FULLERTON, CA 92831 (714) 526-7500 [email protected] Corp. AVENUE Engineering, watershed management, design, support services D R Consultants & Designers, Inc. WANDA MARTINEZ 400 S. HOPE STREET LOS ANGELES, CA 90071 (213) 687-1130 [email protected] Engineering, Civil, Electrical, Instrumentation & Controls, Water/Wastewater engineering & Construction Management d'Autremont-Helms & Associates, Inc. (DBA: KEVIN CHEN 150 S. Arroyo Parkway, Suite 100 PASADENA, CA 91105 (626) 445-8580 [email protected] DHA+CALPEC) Engineering Services (Mechanical, Electrical, Plumbing) DAVID ENGINEERING, LLC (DBA: David Shawn Coleman 11751 Hortense Street Valley Village, CA 91601 (800) 704-5509 [email protected] Engineering, LLC) Engineering services DB Talak, LLC Luay Aljamal 563 Cabot Court Walnut Creek, CA 94598 (408) 612-2808 [email protected] Engineering Consulting Services DC Engineering Group Morteza Delpasand 312 E. 1st Street LOS ANGELES, CA 90012 (213) 628-3023 [email protected] Engineering, Construction Management DHS Consulting, Inc. Sudhir Damle 1820 E First Street, Suite 410 Santa Ana, CA 92705 (714) 276-1135 [email protected] Engineering, construction, project management, admin. support

page 10 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Diaz Consultants, Inc. (DBA: Diaz Yourman & Gerald Diaz 1616 East 17th Street Santa Ana, CA 92705 (714) 245-2920 [email protected] Associates) Engineering Digital Energy, Inc. JAIRAM AGARAM 555 Marin Street Thousand Oaks, CA 91360 (805) 374-1777 [email protected] Energy consulting D'Leon Consulting Engineers Corp. Domingo Leon 3605 LONG BEACH BLVD LONG BEACH, CA 90807 (562) 989-4500 [email protected] SUITE 235 Engineering Services DMS Engineering & Associates, Inc. Megally Martinez 14621 GANDESA RD LA MIRADA, CA 90638 (949) 307-0015 [email protected] Engineering consulting, construction management, construction contract administration & construction engineering; QA/QC inspection Douglas Engineering, Inc. Douglas Mays 414 TENNESSEE ST STE G REDLANDS, CA 92373 (909) 335-8670 [email protected] Civil Engineering Consulting Dynamic Engineering Services, Inc. CHIA-CHI WANG 27395 ECHO CANYON COURT CORONA, CA 92883 (951) 471-8890 [email protected] Architecture and engineering consulting services and administrative support services Earth Mechanics, Inc. Hubert Law 17800 NEWHOPE STREET, FOUNTAIN VALLEY, CA 92708 (714) 751-3826 [email protected] SUITE B Engineering, Environmental Services ECOKAI Environmental Inc. Jim Burton 328 11th Street MANHATTAN BEACH, CA 90266 (424) 241-3524 [email protected] Environmental consulting Electrical Service Plus, Inc. Rodolfo Hernandez 4020 N Palm St. Suite 205 Fullerton, CA 92835 (714) 213-8301 [email protected] Electrical consstruction Elite Engineering Consultant Tenjen Chou 1274 Center Court Dr. #212 Covina, CA 91724 (626) 859-7707 [email protected] Providing Structural Engineering Design and Project Management Services Empire 3 Consulting Engineers TRAVUTH MOCK 7010 ARLINGTON AVE #205 RIVERSIDE, CA 92503 (951) 509-1900 [email protected] Electrical Engineering Consulting Engineering Solutions Services Sudabeh Shoja 23232 Peralta Drive Laguna Hills, CA 92653 (949) 637-1405 [email protected] Project management, grant preparation, financial planning Environmental Consultants Enterprise Shawn Niaki 933 W. Imperial Highway Suite B La Habra, CA 90631 (818) 599-5004 [email protected] Environmental engineering and consulting EW Consulting, Inc. Eliza Whitman 2131 CRESCENT DRIVE ALTADENA, CA 91001 (626) 689-9992 [email protected] Engineering, environmental, management and outreach consulting services Exeltech Consulting Inc. (DBA: Exeltech Santosh Kuruvilla 8729 COMMERCE PLACE DR LACEY, WA 98516 (360) 357-8289 [email protected] Consulting, Inc) SUITE A Engineering, construction management, environmental consulting Extended Resources ANN JOHN 1813 Wedgewood ave Upland, CA 91784 (626) 216-0828 [email protected] Engineering, project management consulting. Construction Project Management, Certification and Scheduling Training FALCON Engineering Services, Inc. MAHA FAQIH 1020 AQUINO CIRCLE CORONA, CA 92879 (951) 549-9600 [email protected] Consulting Engineering Services Inspection; Construction and Project Management; Design Reviews Fountainhead Consulting Corporation IVAN BENAVIDEZ 5030 RANGE HORSE LANE ROLLING HILLS ESTATE, CA 90274 (909) 512-2815 [email protected] Civil engineering, construction management, program management FPL & Associates, Inc. Fong-Ping Lee 30 Corporate Park, Suite 401 Irvine, CA 92606 (949) 252-1688 [email protected] Traffic/Civil/Structural Engineering Design Geo-Advantec, Inc. Shawn Ariannia 457 West Allen Ave. SAN DIMAS, CA 91773 (909) 305-0400 [email protected] Geotechnical engineering and testing Geotechniques CAROLE WOCKNER 1645 DONLON STREET #107 VENTURA, CA 93003 (805) 658-8952 [email protected] Geotechnical engineering, construction testing

page 11 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Geoteknika Fransiscus Hardianto 12255 Brassica St. San Diego, CA 92129 (858) 900-3318 [email protected] Civil and geotechnical engineering Ghirardelli Associates, Inc. Alice Ghirardelli 1970 BROADWAY, SUITE 920 OAKLAND, CA 94612 (562) 506-1861 [email protected] Construction Management, Inspection Gibson Transportation Consulting, Inc. Patrick Gibson 555 West 5th Street Los Angeles, CA 90013 (213) 683-0088 [email protected] Traffic and transportation engineering services Gonzales, Suarez & Associates, Inc. Dionicio Gonzales 1036 Coronado Street Upland, CA 91786 (909) 985-9531 [email protected] Engineering services/construction Gwynne Pugh Urban Studio, Inc. Gwynne Pugh 2800 28TH ST STE 171 SANTA MONICA, CA 90405 (310) 396-4540 [email protected] Architectural and engineering urban design H and Z Engineering Services Zulema Smith 14325 Bush Ave Riverside, CA 92508 (951) 563-2654 [email protected] Engineering Harirchi and Associates, Inc. Hassan Harirchi 29313 Las Terreno Ln Santa Clarita, CA 91354 (626) 482-4305 [email protected] Civil engineering and water resources HigginsWorks, LLC TASHA HIGGINS 14065 LYNMARK STREET LA MIRADA, CA 90638 (866) 267-0380 [email protected] Project management consulting Hinman Consulting Engineers, Inc Eve Hinman 1 BUSH STREET, STE 510 SAN FRANCISCO, CA 94104 (415) 621-4423 [email protected] Engineering services, security consulting Hout Construction Services, Inc. (DBA: Hout Sam Hout 6 Anchorage Way Newport Beach, CA 92663 (949) 374-2553 [email protected] Engineering) Civil engineering Hunsaker & Associates Los Angeles, Inc. Jason Fukumitsu 26074 AVENUE HALL STE 23 VALENCIA, CA 91355 (661) 294-2211 [email protected] Civil Engineering, Land Surveying HUSHMAND ASSOCIATES, INC. Behnam Hushmand 250 GODDARD IRVINE, CA 92618 (949) 777-1266 [email protected] Engineering services ICI Engineers, Inc. Joe Ablay 4000 W. Valley Blvd. Ste. 105 Walnut, CA 91789 (909) 444-1800 [email protected] Engineering Consulting, Mechanical, Electrical, Plumbing, Fire Protection Energy IDC Consulting Engineers, Inc. Wendy Li 300 S. Harbor Blvd. #710 Anaheim, CA 92805 (714) 520-9070 [email protected] Structural and Civil Engineering Design Services: Consulting Integrated Engineering Management (DBA: IEM) BEHJAT 302 W 5TH STREET, STE 207 SAN PEDRO, CA 90731 (310) 221-0749 [email protected] KHATIB-ZANJANI Engineering Consulting Integris Management Group, Inc. Patricia Bywater 18414 Buckthorn Rd San Bernardino, CA 92407 (909) 752-0230 [email protected] Project & construction management; inspection and project controls; proposal preparation services Intueor Consulting Inc (DBA: Intueor Consulting, Vijendernath 7700 Irvine Center Drive Suite Irvine, CA 92618 (949) 753-9010 [email protected] Inc.) Mididaddi 610 Information Technology Management and Transportation Planning & Engineering ISIS Consultants, LLC Robert E. Burkhardt 108 S Madison Ave Ste 200 Louisville, KY 40243 (502) 805-1044 [email protected] Railroad signal design consulting J M Diaz, Inc. Juan Diaz 18645 E. GALE AVENUE #212 CITY OF INDUSTRY, CA 91748 (626) 820-1137 [email protected] Civil Engineering JAD & Associates LLC (DBA: J A D & Associates, Joseph Dilay 603 Parkcenter Drive, Suite 106. Santa Ana, CA 92705 (714) 577-1102 [email protected] LLC) General and civil engineering Jakes Associates, Inc. J. David Mori 2021 The Alameda Suite 230 San Jose, CA 95126 (408) 249-7200 [email protected]

page 12 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Transportation Consulting Jano Baghdanian & Associates Services Jano Baghdanian 23320 Ingomar Street West Hills, CA 91304 (818) 694-2880 [email protected] Consulting services in: traffic engineering, transportation planning, parking planning and operations, traffic signal design, construction area traffic control JCE Structural Engineering Group, Inc. JUAN CARLOS 35 Hugus Alley, Suite 211 PASADENA, CA 91103 (626) 585-1822 [email protected] ESQUIVEL Structural Engineering Jin Sheji, Inc. Tang Lee 14728 Biola Ave. La Mirada, CA 90638 (714) 651-1359 [email protected] Civil engineering services John M. Cruikshank Consultants, Inc. John Cruikshank 411 N. HARBOR BLVD #201 SAN PEDRO, CA 90731 (310) 241-6550 [email protected] Civil Engineering and Surveying Joshi PMCM Inc. Arvind Joshi 1980 Overlook Road Fullerton, CA 92831 (714) 271-0278 [email protected] Project and construction management KEWO ENGINEERING CORPORATION Brian Bosco Kewo 510 S Hewitt St Los Angeles, CA 90013 (646) 450-5396 [email protected] Engineering services, specializing electric power KPA CONSTRUCTORS, INC. Karl Percell 40 N ALTADENA DR STE 206 PASADENA, CA 91107 (626) 658-8165 [email protected] Construction management, general construction, electrical low voltage, electrical communication KYMS Consulting, LLC Kimberly Mosley 6849 JOY STREET CHINO, CA 91710 (909) 529-1473 [email protected] Engineering, business and educational services KZAB Engineers, Inc. ABUNNASR HUSAIN 7416 RUTLEDGE CT. RANCHO CUCAMONGA, CA 91730 (909) 758-0041 [email protected] Engineering, construction and project management Land Strategies, LLC ROY ROBERSON 9241 IRVINE BLVD. #100 IRVINE, CA 92618 (949) 580-3000 [email protected] Civil Engineering & Consultant land development and highways LAZ Design Engineers LLC Zhilbert Asatryan 1314 W Glenoaks Blvd Ste 205 Glendale, CA 91201 (818) 937-9229 [email protected] Electrical engineering services Lin Consulting, Inc. Denwun Lin 21660 COPLEY DR. # 270 DIAMOND BAR, CA 91765 (909) 396-6850 [email protected] Engineering Consulting LRS Program Delivery, Inc. LAN SAADATNEJADI 1379 Park Western Dr. #364 San Pedro, CA 90732 (310) 650-8622 [email protected] Project & Program management for infrastructure improvements; engineering consulting services M.B. TECHNICAL SERVICES Michael Bates 3166 Easy Ave LONG BEACH, CA 90810 (562) 426-3453 [email protected] Mechanical and Engineering Consulting Services M.S. Hatch Consulting, LLC Massie Hatch 10 MARIPOSA IRVINE, CA 92604 (949) 333-3243 [email protected] Environmental Consultant (Air Quality) MA Engineering Adolfo Mota 5600 Lenore Ave Arcadia, CA 91006 (619) 518-1947 [email protected] Civil engineering Marin ITS Mohammed 110 Granada Drive CORTE MADERA, CA 94925 (510) 206-9621 [email protected] Sharafsaleh Transportation Engineering and Project Management Services MARRS Services, Inc. Rubina Chaudhary 340 E. COMMONWEALTH AVE FULLERTON, CA 92832 (714) 213-8650 [email protected] Engineering & Construction Management, Environmental and UXO Services Mc Lean & Schultz, Inc. JOHN R. ARIAS 3040 SATURN STREET, SUITE BREA, CA 92821 (714) 985-1100 [email protected] 105 Structural Engineering, Civil Engineering and Architecture MGE Engineering, Inc. Hsiaochi Huang 7415 Greenhaven Drive #100 Sacramento, CA 95831 (916) 421-1000 [email protected] Civil and Structural Engineering; Construction Management

page 13 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL MORAN CONSULTING CORPORATION (DBA: CESAR MORAN 4500 E PACIFIC COAST HWY LONG BEACH, CA 90804 (562) 340-4670 [email protected] Moran Consulting Corporation) STE 210 Civil Engineering; Surveying & Planning Mountain Pacific, Inc. TIJANA HAMILTON 1461 Glenneyre Suite C Laguna Beach, CA 92651 (949) 497-8127 [email protected] Civil Engineering Design Services NBA Engineering, Inc. Nejla (Natalie) 1875 Century Park East #700 Los Angeles, CA 90067 (310) 284-3236 [email protected] Bamshad-Alavi Mechanical and electrical engineering design and construction management NCM Engineering Corporation Stephen Mislinski 22362 Gilberto, Suite 125 Rancho Santa Margarita, CA 92688 (949) 294-7358 [email protected] Engineering, technical and professional services Noel Suan dba BRG Engineering Noel Suan 3831 N FREEWAY BLVD STE SACRAMENTO, CA 95834 (916) 566-1166 [email protected] 110 Structural engineering for transportation and public works projects Noorzay Geotechnical Services, Inc. Maihan Noorzay 16817 Rainy Vale Avenue Riverside, CA 92503 (951) 264-9023 [email protected] Engineering and geotechnical engineering NS Structural Engineering, Inc Neal Shah 4642 Rockland Pl La Canada, CA 91011 (626) 796-5377 [email protected] Engineering services OhanaVets, Inc. David Anderson 956 Walnut St. #201 San Luis Obispo, CA 93401 (805) 285-5330 [email protected] Engineering services, technical writing, CADD Optitrans ERIC DIAZ 810 S. Flower St. Los Angeles, CA 90017 (213) 278-0098 [email protected] Civil engineering Owen Group, Inc. Michael Chegini 811 WILSHIRE BLVD Suite 1050 LOS ANGELES, CA 90017 (213) 873-4700 [email protected] Construction Management, engineering design Pacific Railway Enterprises, Inc (DBA: Pacific Jennifer Purcell 3560 University Ave., Ste. F Riverside, CA 92501 (951) 784-4630 [email protected] Railway Enterprises, Inc.) Train control signal and communication system design PacRim Engineering Inc (DBA: PacRim Peter Liu 1820 East First Street Santa Ana, CA 92705 (714) 683-0470 [email protected] Engineering, Inc.) Civil engineering consulting services Parikh Consultants, Inc. David Wang 2360 QUME DRIVE STE A SAN JOSE, CA 95131 (408) 452-9000 [email protected] Providing Geotechnical Engineering Services and Materials Testing services on a variety of Public projects including transportation and transit facilities. All products are in the form of engineering reports and documents. PB & A, Inc. Karen Barar 818 Fifth Ave., #207 San Rafael, CA 94901 (415) 259-0191 [email protected] Structural Engineering Penco Engineering, Inc. George Jurica 16842 Von Karman Avenue, IRVINE, CA 92606 (949) 753-8111 [email protected] Suite 150 civil engineering and surveying services Petra Structural Engineers, Inc. Peter Sarkis 20381 Lake Forest Drive #B15 LAKE FOREST, CA 92630 (949) 359-1049 [email protected] Structural engineering consulting Planning & Management Services, Inc. (DBA: Hreinn Thormar 32001 32nd Avenue South Suite Federal Way, WA 98001 (253) 248-0038 [email protected] Planning & Management Services, Inc) 325 Program/Project Management & Project Controls Power-Tech Engineers, Inc. Victor Rojas 355 S. LEMON AVE., STE. A WALNUT, CA 91789 (909) 595-5314 [email protected] Consulting firm providing services for the electric, water, wastewater and telecom utility industry PreScience Corporation Khanh (Chuck) Trans 125 Columbia Aliso Viejo, CA 92656 (949) 600-8631 [email protected] Civil engineers providing construction management services

page 14 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Project Consulting & Scheduling Services (DBA: Loren Shepherd 24334 Lorenzo Lane Valencia, CA 91355 (818) 287-1295 [email protected] PCSS) Engineering consulting, construction management PROJECT X ENGINEERS INC Eduardo Hernandez 29970 TECHNOLOGY DRIVE, MURRIETA, CA 92563 (951) 813-5619 [email protected] SUITE 105F Corrosion investigating and report Quest Project Controls, Inc (DBA: Construction ROBYN COATES 114 W Colorado Blvd Monrovia, CA 91016 (626) 893-2643 [email protected] Management Solutions) Project controls services, CPM scheduling, estimating and cost engineering services R E M ENGINEERING COMPANY, INC, Robert E Milton, Jr 1575 NORTH LAKE AVE., # 100 PASADENA, CA 91104 (626) 296-7200 [email protected] Engineering Consulting R K M Consulting Engineers, Inc. (DBA: RKM RODOLFO TORRES 215 W. POMONA BLVD., #209 MONTEREY PARK, CA 91754 (323) 727-0416 [email protected] Consulting Engineers, Inc.) Mechanical Engineering Consulting Services Rail Surveyors and Engineers, Inc. (DBA: RSE) Phil Leong 1075 OLD COUNTY ROAD, BELMONT, CA 94002 (650) 637-9500 [email protected] SUITE D Engineering, Surveying and Mapping, Program Management, and Construction Support Services Rajappan & Meyer Consulting Engineers, Inc. Bala Rajappan 1038 Leigh Avenue San Jose, CA 95126 (408) 280-2772 [email protected] (DBA: Small Business Enterprise Cert Engineering Ramos Consulting Services, Inc. Armando Ramos 2275 Huntington Drive #448 San Marino, CA 91108 (626) 905-4888 [email protected] Engineering Consulting Rani Engineering Inc. Susan Rani 2912 Anthony Ln #100 Minneapolis, MN 55418 (612) 455-3322 [email protected] Systems work, train control, signals work, engineering services Rende Consulting Group, Inc. Gregory Louis Rende 21082 Winchester Drive Trabuco Canyon, CA 92679 (949) 713-6780 [email protected] Civil engineering consulting Roshanian and Associates, Inc. Alan Roshanian 6404 WILSHIRE BLVD #610 LOS ANGELES, CA 90048 (323) 933-5252 [email protected] Electrical, Mechanical, Plumbing and Technology Engineering Services RSE Associates, Inc. (DBA: R S E Associates Richmond So 63 PLEASANT ST STE 300 WATERTOWN, MA 02472 (617) 926-9300 [email protected] Inc.) Provide consulting services in the field of Structural Engineering RT Engineering & Associates, Inc (DBA: RT Regina Stevens 1901 1ST AVE. SUITE 217G SAN DIEGO, CA 92101 (909) 855-1807 [email protected] Engineering and Associates, Inc.) A&E firm specializing in program management; engineering design support; project management Ruz Consulting Engineering Services, Inc. Luis Ruz 25350 Magic Mountain Parkway Valencia, CA 91355 (323) 599-9929 [email protected] Suite 300 Construction management and inspector services S & T Engineering, Inc. Moksudur Rahman 15437 PROCTOR AVE CITY OF INDUSTRY, CA 91745 (626) 961-4534 [email protected] Material Testing, Inspection, and Engineering S Y Lee Associates, Inc. Sang Yong Lee 216 S. JACKSON ST. #101 GLENDALE, CA 91205 (818) 242-2800 [email protected] Consulting Engineers, Mechanical and Electrical S. Graciano Consulting, P.C. dba LA Quake Santiago Graciano 133 N. Citrus Ave Covina, CA 91723 (626) 624-8679 [email protected] Solutions Structural engineering consulting SA Associates (A Corporation) (DBA: S A Shahnawaz Ahmad 1130 W. HUNTINGTON DRIVE, ARCADIA, CA 91007 (626) 821-3456 [email protected] Associates (A Corporation)) UNIT 12 Engineering Services SAFEPROBE, INC. (DBA: Safeprobe, Inc.) EFREN ABRATIQUE 3303 WILSHIRE BLVD. LOS ANGELES, CA 90010 (213) 251-5960 [email protected]

page 15 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Non destructive potholing Sanuk Consulting Corporation David Tiberi 8243 E. MARBLEHEAD WAY ANAHEIM, CA 92808 (213) 761-8460 [email protected] Civil Engineering, Construction Management Sarakki Associates Inc. VENU SARAKKI 5151 California Avenue, Ste 100 IRVINE, CA 92617 (914) 825-7046 [email protected] Engineering, traffic, software development and information technology. Schwab Engineering, Inc. Jerome Schwab 315 Arden Avenue, Suite 26 Glendale, CA 91203 (888) 900-3823 [email protected] A/E, Engineering Services SCST, Inc. Neal Clements 6280 Riverdale Street San Diego, CA 92160 (619) 280-4321 [email protected] Geotechnical Engineering, Materials Testing Sierra Engineering Group, A Professional Corp. Jesus F. Sierra 39812 Mission Boulevard, Suite Fremont, CA 94539 (510) 445-0550 [email protected] (DBA: Sierra Engineering Group) 100 Engineering Services Simplex Construction Management, Inc. Rojesh Soneja 4501 E La Palma Ave Suite 220 ANAHEIM, CA 92807 (714) 693-0127 [email protected] Program, Project and Construction Management SKS Engineering, Inc. SAMSON ENGEDA 15008 ESPOLA ROAD POWAY, CA 92064 (858) 395-7368 [email protected] Structural engineer consultant Solar Energy Fields, Inc. NED ARAUJO 8659 Red Oak St Ste E Rancho Cucamonga, CA 91730 (909) 243-0712 [email protected] Engineering Services Solved Engineering Edward J William 1455 Frazee Rd Suite 500 San Diego, CA 92108 (800) 975-9723 [email protected] Engineering design services SOUTHSTAR ENGINEERING & CONSULTING, Daniel Ciacchella 1700 Iowa Ave., Ste. 250 RIVERSIDE, CA 92507 (951) 342-3120 [email protected] INC. (DBA: SOUTHSTAR ENGINEERING) Civil engineering, project management, construction management, construction inspection, utility coordination, and public outreach SRK Engineering SHERRY 4010 MORENA BLVD SAN DIEGO, CA 92117 (909) 456-5164 [email protected] KIRKPATRICK Engineering and Construction Contracting & Management Stack Traffic Consulting, Inc. Jason Stack 2794 Loker Ave West, Suite 102 Carlsbad, CA 92010 (760) 602-4290 [email protected] Engineering and consulting services related to planning, design, implementation, construction management, operation and maintenance of traffic and transportation systems Standard Soil Geotech, Inc. HUA LIN 19042 SAN JOSE AVE, UNIT S CITY OF INDUSTRY, CA 91748 (626) 888-0121 [email protected] Geotechnical Consulting, Material Testing, Inspection System Metrics Group, Inc. Tarek Hatata 12 Geary Street San Francisco, CA 94108 (415) 395-7000 [email protected] Traffic engineering, operations, planning T J K M Nayan Amin 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 (925) 463-0611 [email protected] Civil and traffic engineering services The Alliance Group Enterprise Inc. (DBA: The Andy Duong 3699 Wilshire Boulevard Los Angeles, CA 90010 (323) 609-6100 [email protected] Alliance Group Consulting) Civil/transportation engineering consulting services The Morcos Group, Inc. Beata Morcos 848 SOUTH RIDGELEY DRIVE LOS ANGELES, CA 90036 (310) 479-4727 [email protected] Construction Management, Program Management, Community Outreach Translutions, Inc. Sandipan 17632 Irvine Blvd, Ste 200 Tustin, CA 92780 (949) 232-7954 [email protected] Bhattacharjee Transportation Planning; Traffic Engineering & Environmental Consulting Uniplan Engineering, Inc. RODULFO NIERE 550 CARSON PLAZA DRIVE, CARSON, CA 90746 (310) 523-3993 [email protected] SUITE 116 om Civil Engineering, Transportation, & Traffic Engineering, Construction Management & Surveying

page 16 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL US Sound & Vibration Institute (DBA: U S Sound Dan Fang 6325 Alondra Blvd Paramount, CA 90723 (714) 717-9968 [email protected] & Vibration Institute) Utility Coordinating, Inc Jeanette A Johns 8840 Warner Ave., Ste 101 FOUNTAIN VALLEY, CA 92708 (714) 462-8437 [email protected]

V & A Inc. Jose Valle 975 S. Fair Oaks Ave Pasadena, CA 91105 (213) 972-9700 [email protected] Engineering Consulting and Design Build V & M Electrical Engineering, Inc. Mina Tsidulko 3330 Barham Blvd., Suite 204 Los Angeles, CA 90068 (323) 851-9964 [email protected] Electrical Engineering Consulting VA Consulting, Inc. Max Vahid 46 Discovery #250 Irvine, CA 92618 (949) 474-1401 [email protected] Civil Engineering Consulting and Land Surveying Services VACC, INC dba VIBRO-ACOUSTIC Ahmad Bayat 490 Post Street, Suite 1427 San Francisco, CA 94102 (415) 693-1396 [email protected] CONSULTANTS (DBA: VIBRO-ACOUSTIC CONSULTANTS) Vibration and Noise and EMI Design and Measurements VCA Engineers, Inc. VIRGIL AOANAN 1041 S. Garfield Ave., Suite 210 Alhambra, CA 91801 (323) 729-6098 [email protected] Civil & Structural Engineering & Builsing Site Inspection Services VLG Engineering VICKI GRAY 2005 LADRILLO AISLE IRVINE, CA 92606 (949) 422-0700 [email protected] Engineering Consulting VN Tunnel and Underground, Inc. Tung Thanh Vu 921 N Azalea Way Azusa, CA 91702 (626) 708-7675 [email protected] Civil engineering VSCE, Inc. (DBA: V S C E, Inc.) JESUS VARGAS 515 S. Flower Street 36th Floor Los Angeles, CA 94607 (510) 835-5001 [email protected] Professional services - project management, construction management, and public relations W2 Design, Inc. (DBA: W2 Design Inc.) Patrick D Wong 50 S. DELACEY AVE., SUITE PASADENA, CA 91105 (626) 396-9855 [email protected] 100 Civil Engineering Planning Wagner Engineering & Survey, Inc. Stephanie Wagner 17134 Devonshire Street NORTHRIDGE, CA 91325 (818) 892-6565 [email protected] Survey, mapping, right-of-way engineering, civil engineering Watearth, Inc. Jennifer Jill Walker P.O. Box 10194 Houston, TX 77206 (713) 208-9573 [email protected] Water resources engineering and planning West Site Engineering, Inc. Sabry Abdelmalik 1 Odessa LAKE FOREST, CA 92610 (949) 305-0016 [email protected] Civil engineering consulting WG Zimmerman Engineering, Inc. William Zimmerman 5772 Bolsa Avenue #200 Huntington Beach, CA 92649 (714) 799-1700 [email protected] Traffic/transportation/civil engineering funding management agency - pproject management & staff augmentation Wiltec MOSES WILSON 596 N. LAKE AVE. PASADENA, CA 91101 (626) 564-1944 [email protected] Traffic data collection WRECO Han Bin Liang 529 South Broadway Court Los Angeles, CA 90013 (925) 941-0017 [email protected] Civil engineering, environmental compliance, geotechnical engineering, and water resources YCE, Inc., Civil Engineers & Surveyors Marta Y Alvarez 1587 MORSE AVE., SUITE A VENTURA, CA 93003 (909) 650-6995 [email protected] Civil Engineering & Land Surveying Zephyr UAS, Inc. Janelle Patterson 725 Town & Country Rd Orange, CA 92868 (714) 866-7074 [email protected] Aerial mapping, construction monitoring, aerial photography, inspection, engineering Zuma Engineering and Research GARY WILSON 2236 HILLSBORO AVENUE LOS ANGELES, CA 90034 (310) 738-4653 [email protected] "Engineering and management consulting services - Business Development Training; Business Process Training; Program Management and Execution Training; System Training and Integration Training "

541330 - Environmental engineering services; Engineering services Total: 1

Enviro Compliance Solutions, Inc. Dhananjay Rawal 4795 BLUE MOUNTAIN DRIVE YORBA LINDA, CA 92887 (714) 259-0295 [email protected]

page 17 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Environmental engineering consulting

541330 - Geological engineering services; Engineering services Total: 1

Environmental Cost Management, Inc. (DBA: Wallid Kazi 3525 Hyland Avenue, Suite 200 Costa Mesa, CA 92626 (714) 662-2957 [email protected] ECM Consultants) Engineering, remediation, compliance consulting

541330 - Industrial engineering services; Engineering services Total: 1

Sutra Research dba Sutra Research & Analytics TRACY MANZO 2801 B Street, 180 SAN DIEGO, CA 92102 (619) 722-0290 [email protected] Transportation technology and systems engineering; organizational consulting

541330 - Traffic engineering consulting services; Engineering Total: 2 services ABC Traffic Inc. Farhad Zaltash 2478 N. Ridge Park Lane Orange, CA 92867 (714) 488-2019 [email protected] Traffic engineering Raju Associates, Inc. SRINATH RAJU 505 E. COLORADO BLVD. #202 PASADENA, CA 91101 (626) 792-2700 [email protected] Traffic engineering, environmental studies, transport planning, parking studies and transit planning

541370 - Geographic information system (GIS) base mapping Total: 2 services; Topographic surveying services CANETE MEDINA CONSULTING GROUP INC Isabel J 10 S. Riverside Plaza, Ste. 875 Chicago, IL 60606 (847) 475-8099 [email protected] Canete-Medina Provide transportation and urban planning services, market research, data collection, and data processing, data analytics, GIS and CADD services for private sector and public sector DCR Design, LLC Charu Kukreja 314 North Stanley #1 Los Angeles, CA 90036 (312) 218-1550 [email protected] Transportation planning and information design

541370 - Geospatial mapping services; Topographic surveying Total: 2 services GeoInovo Solutions, Inc (DBA: GIS4hire) Luciane Musa 39069 Los Gatos Drive Murrieta, CA 92563 (951) 852-5205 [email protected] Geospatial/GIS/mapping solutions to geospatial problem. Support map creation, database management, field data collection, data editing, programming and project management Tovar Geospatial Services (TovarGEO) Jorge Tovar 8237 Quoit Street Downey, CA 90242 (562) 852-8391 [email protected] Geospatial Services (GIS and Mapping)

541370 - Mapping (except geophysical) services; Topographic Total: 2 surveying services Eco & Associates, Inc. Mitra Fiuzat 18231 Irvine Boulevard TUSTIN, CA 92780 (714) 289-0995 [email protected] ENVIRONMENTAL CONSULTING; REMEDIATION AND CONSTRUCTION Fayza LLC Faycal Ferhat 747 Ohio Avenue long beach, CA 90804 (562) 704-5590 [email protected] Provide geographic information system (GIS) mapping and language interpretation, drop shipping of appliances for the US Military

541370 - Photogrammetric mapping services; Topographic surveying Total: 2 services AeroTech Mapping, Inc. Maria Torres 200 Spectrum Center Drive, Suite Irvine, CA 92618 (702) 228-6277 [email protected] # 300 Aerial mapping Zephyr UAS, Inc. Janelle Patterson 725 Town & Country Rd Orange, CA 92868 (714) 866-7074 [email protected] Aerial mapping, construction monitoring, aerial photography, inspection, engineering

page 18 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL 541370 - Surveying and Mapping (except Geophysical) Services; Total: 25 Topographic surveying services Axiom Engineering & Science Corporation (DBA: Johnathan Hou 1322 BELL AVE. STE. 1G TUSTIN, CA 92780 (714) 247-1002 [email protected] Axiom Corporation) Civil engineering, construction management Blair, Church & Flynn Consulting Engineers David Mowry 451 Clovis Ave. #200 CLOVIS, CA 93612 (559) 326-1400 [email protected] Civil engineering, land surveying, landscape architecture Blue Ocean Civil Consulting Jessica A Cassman 201 W. Harvey Ave SANTA ANA, CA 92707 (714) 655-1441 [email protected] Engineering design services and water quality consulting, site design, land development and geospatial information systems Cabrinha, Hearn & Associates Clyde Cabrinha 3814 East Colorado Blvd., Suite Pasadena, CA 91107 (626) 795-6926 [email protected] 101 Surveying and Mapping Calvada Surveying Inc Armando Dupont 411 JENKS CIRCLE #205 CORONA, CA 92880 (951) 280-9960 [email protected] Land Surveying Century Diversified, Inc. RODRIGO T. 1917 Longhill Drive Monterey Park, CA 91754 (343) 265-1443 [email protected] GARCIA Civil Engineering and Construction Management Chris Nelson & Associates, Inc. Chris Nelson 31238 VIA COLINAS #H WESTLAKE VILLAGE, CA 91362 (818) 991-1040 [email protected] Land Surveying, GPS and Aerial Mapping CivilEarth PETER MENG 17390 Drake Street Yorba Linda, CA 92886 (714) 312-6568 [email protected] Engineering services & construction management; provider of modular buildings; provider of Desktop Application Development, Mobile Application Development, and Web based Application development. Coast Surveying, Inc (DBA: Coast Surveying, Ruel del Castillo 15031 PARKWAY LOOP, SUITE TUSTIN, CA 92780 (714) 918-6266 [email protected] Inc.) B Surveying & Mapping Damon Hill Land Survey Services inc Damon Anthony Hill 3434 Sherbourne Dr Culver City, CA 90232 (310) 422-1445 [email protected] Land surveying Geospatial Professional Solutions, Inc. (DBA: Maria Alicia Ramos 3151 AIRWAY AVENUE G2 COSTA MESA, CA 92626 (949) 459-3052 [email protected] GPSI) Aerial survey and mapping, photogrammetry, CADD and GIS services Guida Surveying Inc Meagan A Guida 9241 IRVINE BLVD STE 100 IRVINE, CA 92618 (949) 777-2000 [email protected]

John M. Cruikshank Consultants, Inc. John Cruikshank 411 N. HARBOR BLVD #201 SAN PEDRO, CA 90731 (310) 241-6550 [email protected] Civil Engineering and Surveying Lange Surveying, Inc. Shonda Lange 6898 Riverrun Court Mira Loma, CA 91752 (951) 427-5093 [email protected] Land surveying MORAN CONSULTING CORPORATION (DBA: CESAR MORAN 4500 E PACIFIC COAST HWY LONG BEACH, CA 90804 (562) 340-4670 [email protected] Moran Consulting Corporation) STE 210 Civil Engineering; Surveying & Planning Penco Engineering, Inc. George Jurica 16842 Von Karman Avenue, IRVINE, CA 92606 (949) 753-8111 [email protected] Suite 150 civil engineering and surveying services Rail Surveyors and Engineers, Inc. (DBA: RSE) Phil Leong 1075 OLD COUNTY ROAD, BELMONT, CA 94002 (650) 637-9500 [email protected] SUITE D Engineering, Surveying and Mapping, Program Management, and Construction Support Services Rani Engineering Inc. Susan Rani 2912 Anthony Ln #100 Minneapolis, MN 55418 (612) 455-3322 [email protected] Systems work, train control, signals work, engineering services Saddleback Surveys, Inc. Kathleen Tetreault 9 Corporate Park, Suite 100 IRVINE, CA 92606 (949) 215-8630 [email protected]

page 19 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Land Surveying and Mapping Services SRK Engineering SHERRY 4010 MORENA BLVD SAN DIEGO, CA 92117 (909) 456-5164 [email protected] KIRKPATRICK Engineering and Construction Contracting & Management UltraSystems Environmental, Inc. Betsy Lindsay 16431 Scientific Way Irvine, CA 92618 (949) 788-4900 [email protected] Environmental Consulting Uniplan Engineering, Inc. RODULFO NIERE 550 CARSON PLAZA DRIVE, CARSON, CA 90746 (310) 523-3993 [email protected] SUITE 116 om Civil Engineering, Transportation, & Traffic Engineering, Construction Management & Surveying VA Consulting, Inc. Max Vahid 46 Discovery #250 Irvine, CA 92618 (949) 474-1401 [email protected] Civil Engineering Consulting and Land Surveying Services Wagner Engineering & Survey, Inc. Stephanie Wagner 17134 Devonshire Street NORTHRIDGE, CA 91325 (818) 892-6565 [email protected] Survey, mapping, right-of-way engineering, civil engineering YCE, Inc., Civil Engineers & Surveyors Marta Y Alvarez 1587 MORSE AVE., SUITE A VENTURA, CA 93003 (909) 650-6995 [email protected] Civil Engineering & Land Surveying

541370 - Surveying and mapping services (except geophysical); Total: 3 Topographic surveying services Douglas Engineering, Inc. Douglas Mays 414 TENNESSEE ST STE G REDLANDS, CA 92373 (909) 335-8670 [email protected] Civil Engineering Consulting Hunsaker & Associates Los Angeles, Inc. Jason Fukumitsu 26074 AVENUE HALL STE 23 VALENCIA, CA 91355 (661) 294-2211 [email protected] Civil Engineering, Land Surveying New York Geomatics Inc. Rafael Perez 4601 39th Ave #421 Sunnyside, NY 11104 (929) 328-0243 [email protected] Surveying, mapping, layout

541370 - Topographic surveying services Total: 1

AIRFLOW CREATIONS CORP. dba AIRFLOW Giovanni Castilhos 10220 Culver Blvd #202A Culver City, CA 90232 (310) 936-1364 [email protected] CREATIONS Unmanned aerial photography mapping and surveying services

541430 - Communication design services, visual; Graphic design Total: 1 services Here Design Studio, LLC Amber Hawkes 1855 Redesdale Avenue Los Angeles, CA 90026 (323) 686-1814 [email protected] Urban design and urban planning consulting

541430 - Graphic design services Total: 71

Acire, Inc. Derek Fretheim 211 Simplicity Irvine, CA 92620 (949) 275-6365 [email protected] Consulting services, secure bike parking systems, bike fleet systems, self-services kiosks, web-based system and software development Allegra Consulting, Inc. SUZANNE MADISON 129 A North Marengo Avenue PASADENA, CA 91101 (626) 405-4848 [email protected] Marketing, Graphic Design and Consumer Research Ambient Solutions, Inc. GREG MILLS 791 Price Street, #115 Pismo Beach, CA 93449 (626) 396-5029 [email protected] Creative design, marketing, web development and print broker Anthology LLC LINDA YOON 527 MOLINO ST. #103 LOS ANGELES, CA 90013 (310) 430-3091 [email protected] Graphic and interactive design; Software development; advertising creative design BARRIOS & ASSOCIATES, LLC (DBA: ARIANNA BARRIOS 701 E. Chapman Avenue ORANGE, CA 92866 (949) 215-5539 [email protected] COMMUNICATIONS LAB) Marketing, Communications, public relations

page 20 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

BASE ARCHITECTURE PLANNING & Michael Anderson 5901 W. Century Boulevard., Los Angeles, CA 90745 (310) 988-1080 [email protected] ENGINEERING INC Suite 822 Architecture, urban design and predevelopment professional services Brooks + Scarpa Architects, Inc. Angela Brooks 4611 W. SLAUSON AVENUE LOS ANGELES, CA 90043 (323) 596-4702 [email protected] Architectural and urban design Bubba's Chop Shop, LLC Ian Nelson 15110 Keswick St Van Nuys, CA 91405 (818) 516-8225 [email protected] Film production and motion design studio Cadstar Inc. STELLA SAMPLES 1907 PERRY AVENUE REDONDO BEACH, CA 90278 (310) 374-2923 [email protected] Management Consulting and Architectural, Engineering and Construction Support CASTRO PETERSEN INC dba Creative Deborah Castro 5030 E 2nd Street Long Beach, CA 90803 (562) 985-1363 [email protected] Productions (DBA: CREATIVE PRODUCTIONS) Integrated marketing, digital and media agency Catherine Gates, Artist Catherine Phan Gates 11110 West Pico Blvd Los Angeles, CA 90064 (424) 371-4632 [email protected] Production of art work Chee Salette Architecture Office, dba Tina Chee Tina Chee 1800 South Brand Blvd., Studio GLENDALE, CA 91204 (323) 691-6647 [email protected] Landscape Studio (DBA: Tina Chee 212 Architectural design and architectural landscaping Corporate Impressions LA Inc. JENNIFER FREUND 10742 BURBANK BLVD. NORTH HOLLYWOOD, CA 91601 (818) 761-9295 [email protected] Printing. Packaging, Products and promotional Items CR&A Custom, Inc. (DBA: CR&A Custom, Inc) Carmen Rad 312 W. PICO BLVD. LOS ANGELES, CA 90015 (213) 749-4440 [email protected] Large format digital print production and visual display company producing and installing billboards, all indoor/outdoor banners, fleet graphics & vehicle wraps, window-, wall- & floor-graphics, sports & stadium signage, and all type of trade show graphics and exhibit booths CyberCopy, Inc. Paul Fridrich 3517 Schaefer Street Culver City, CA 90232 (805) 482-0500 [email protected] Printing, Signs, Graphics and digital document services Dakota Communications Kerman Maddox 800 WILSHIRE BOULEVARD, LOS ANGELES, CA 90017 (310) 815-8444 [email protected] Public outreach, media and governmental relations Dean Hesketh Company, Inc. (DBA: Photomation Charlene Hesketh 2551 W. LA PALMA AVENUE ANAHEIM, CA 92801 (714) 236-2121 [email protected] Photo Lab) Design, produce and install custom wall covering & framing as well as digial printing and dimensional letter logos for commercial/auto/signage industries DeAngelis Design Jean DeAngelis 933 4th St. #3 Santa Monica, CA 90403 (310) 720-2931 [email protected] Malanaphy Graphic & logo design branding, marketing, social media Denise Wada DENISE WADA 201 FRANKFORT AVENUE HUNTINGTON BEACH, CA 92648 (714) 787-8020 [email protected] Graphic & Web Design and Management Designed by Colleen, LLC (DBA: Place and Page) Colleen Corcoran 453 S. Spring St. Los Angeles, CA 90013 (213) 400-4997 [email protected] Graphic design services, marketing, branding and publication designs Designs by Ardena Ardena L. Brooks 11032 Spinning Avenue Inglewood, CA 90303 (323) 455-1251 [email protected] Graphic design and commercial photography ETA Advertising, Inc. (DBA: ETA Agency) Cynthia Allen 444 W Ocean Blvd LONG BEACH, CA 90802 (562) 499-2305 [email protected] Advertising and marketing Foxe Basin Group Kathy Swigart 2708 Via Portola Fullerton, CA 92835 (714) 529-3765 [email protected] Business management consulting G C Tech, Inc. Adrienne Gardner 417 S. Hill St., Ste. 203 Los Angeles, CA 90013 (213) 833-5910 [email protected] Planning Design, Management Consulting Gladiator Studios Fernando Velasquez 3306 Glendale Blvd. Unit #3 Los Angeles, CA 90039 (323) 790-9799 [email protected] Web design, graphic design, social media marketing, video production

page 21 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Gomodesign, Inc. (DBA: gomodesign, inc.) Maureen Smullen 335 N Adams St Glendale, CA 91206 (818) 369-2211 [email protected] Graphic design and marketing Imprenta Communications Group, Inc. Ronald Wong 315 West 9th Street Los Angeles, CA 90015 (213) 210-2500 [email protected] Public affairs/marketing/community relations Integris Management Group, Inc. Patricia Bywater 18414 Buckthorn Rd San Bernardino, CA 92407 (909) 752-0230 [email protected] Project & construction management; inspection and project controls; proposal preparation services IQON ENGINEERS, INC. ABU SYED MD 10 TURNING LEAF WAY AZUSA, CA 91702 (626) 804-7770 [email protected] ISRAIL Professional engineering from providing structural & civil Iron Horse Architects, Inc. Virginia McAllister 1900 N. Grant St. Suite 1130 Denver, CO 80203 (720) 855-7572 [email protected] Full service architectural firm J & C Consulting Services, Inc. JAIME F. JONES 2245 82nd Avenue OAKLAND, CA 94605 (510) 851-3538 [email protected] Design Support Consulting Services Jones Worley Design, Inc. Cynthia Jones Parks 723 Piedmont Avenue, N.E. Atlanta, GA 30308 (404) 876-9272 [email protected] Marketing communications, and graphic design/creative services Jovenville, LLC (DBA: We The Creative) JOVEN OROZCO 2810 villa way newport beach, CA 92663 (877) 887-1318 [email protected] Graphic Design; Marketing; Advertising Design Julian Paige Smith Paige Smith 537 Neva Place LOS ANGELES, CA 90042 (415) 412-0809 [email protected] Graphic design, design production services Jungle Communications, Inc. Juan M. Santana 633 West, 5th Street Los Angeles, CA 90071 (213) 246-2332 [email protected] Translation and interpretation, marketing and public outreach services KATHERINE PADILLA & ASSOCIATES KATHERINE 440 TAMARAC DRIVE PASADENA, CA 91105 (323) 258-5384 [email protected] PADILLA Community Outreach, Facilitation & Public Relations Keith Knueven Inc. dba Keith & Co. Keith Knueven 1021 E. Palmer Avenue Glendale, CA 91205 (818) 649-1440 [email protected]. Graphic Design Kendall Planning + Design ALISON KENDALL 2502 CALIFORNIA AVENUE SANTA MONICA, CA 90403 (310) 586-1557 [email protected] Architectural design and planning services. KILOGRAPH Keely Colcleugh 2404 WILSHIRE BLVD STE 4E LOS ANGELES, CA 90057 (213) 908-2209 [email protected] Graphic design KRITZINGER + RAO (DBA: Kritzinger + Rao) Srivinas M. Rao 414 Boyd St. Suite B LOS ANGELES, CA 90013 (213) 613-1922 [email protected] Architecture, planning, urban design, and interior design Lentini Design & Marketing, Inc. HILARY LENTINI 1626 VIRGINIA ROAD LOS ANGELES, CA 90019 (323) 766-8090 [email protected] Graphic and Web Design; Branding; Full Service Marketing LEVINE/SEEGEL ASSOCIATES ARAVIND SHENOY 2601 OCEAN PARK BLVD., SANTA MONICA, CA 90405 (310) 450-1990 [email protected] #212, Consulting services in the design of mechanical & electrical systems Lux Virtual LLC Nicholas Lerum 3800 Albright Avenue Los Angeles, CA 90066 (805) 895-3715 [email protected] Create 3D visuals that explain customers product, service, or technology using Hollywood-grade 3D animation tools used for product promotion, presentations, and also to educate the public using visual stories. M. Checkowski Unlimited (DBA: Department of Matt Checkowski 1855 Industrial St. #107 Los Angeles, CA 90021 (213) 488-9397 [email protected] the 4th Dimension) Branding, graphic design & Video Marketing Maven Public Relations, Inc. LINDSEY CARNETT 1297 FLYNN ROAD #150 CAMARILLO, CA 93012 (310) 994-7380 [email protected] Public Relations Agency

page 22 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Matt Normand Design Matt Normand 401 N. Wilton PL Apt. C Los Angeles, CA 90004 (323) 681-3030 [email protected] Graphic design and motion graphics Mc Lean & Schultz, Inc. JOHN R. ARIAS 3040 SATURN STREET, SUITE BREA, CA 92821 (714) 985-1100 [email protected] 105 Structural Engineering, Civil Engineering and Architecture McCormick-Busse Inc. (DBA: MBI Media) Mary McCormick 957 S VILLAGE OAKS DRIVE COVINA, CA 91724 (626) 967-1510 [email protected] Construction documentation, video production & graphic design McGregor Shott, Inc. Beth Shott 24325 Main Street Newhall, CA 91321 (661) 702-0765 [email protected] Graphic design services Media Arts, Inc. Shay 25108 Marguerte Parkway, A-235 Mission Viejo, CA 92692 (602) 499-1765 [email protected] Hineman-Roehm Creating technique solution via programming and analytics; graphic design Metcalfe Associates Michael Metcalfe 1421 Pandora Avenue Los Angeles, CA 90024 (310) 474-6418 [email protected] Urban design - development planning for TOD master planning for mix use development Michael Amaya (DBA: Michael Amaya Illustration) MICHAEL AMAYA 4324 LE BOURGET AVENUE CULVER CITY, CA 90232 (310) 592-6693 [email protected] 3d Previsualization and design services; photography MSH Ventures Corp (DBA: Garuda Promo and Shirley Ho 6230 Wilshire Blvd #1197 LOS ANGELES, CA 90048 (323) 379-4887 [email protected] Branding Solutions) Sell Promotional Products and Business Apparel and marketing support services Pulsar Advertising, Inc. Alberto Gonzalez 10940 Wilshire Blvd, Suite 1050 Los Angeles, CA 90024 (323) 302-5101 [email protected] Advertising, Marketing for Transportation Rambo House Media LLC Dion Rambo 249 Waterview St. Plaza Del Rey, CA 90293 (310) 570-2506 [email protected] Marketing, advertising and public relations for governmental agencies, non-profit, for profit firms Ramos Consulting Services, Inc. Armando Ramos 2275 Huntington Drive #448 San Marino, CA 91108 (626) 905-4888 [email protected] Engineering Consulting SAESHE (DBA: Saeshe) YOUNG YU 1055 W. 7TH ST., SUITE 2150 LOS ANGELES, CA 90017 (213) 683-2108 [email protected] Advertising, public relations and media buying agency Sanchez/Kamps Associates Design (DBA: SKA Jon Fimbres 900 Palm Avenue South Pasadena, CA 91030 (626) 403-5870 [email protected] Design) Graphic Design Slickforce Inc. (DBA: Slickforce Studio) Nick Saglimbeni 530 S. Lake Avenue #601 Pasadena, CA 91101 (213) 880-0807 [email protected] Photography, video services, virtual reality, editing, graphic design Sunlight Media LLC Angelo Frisina 811 W. 7th St, Los Angeles, CA 90017 (323) 868-3581 [email protected] Web design, software development, digital marketing Sussman/Prejza & Co., Inc. Paul Prejza 970 N BROADWAY #201-203 LOS ANGELES, CA 90012 (213) 253-0900 [email protected] Environmental Graphic and Interior Design SZ Studio Design (DBA: S Z Studio) DEBI SELTZER 8953 ENFIELD AVENUE NORTHRIDGE, CA 91325 (818) 216-5077 [email protected] Graphic design services TAMMY EDMONDS DESIGN INC. Tammy Edmonds 1330 Factory Place, Building D LOS ANGELES, CA 90013 (213) 624-0214 [email protected] Architectural and interior design; furniture art and accessory purchasing, project management of a owners representation within an architectural interiors. The Glue, LLC (DBA: The Glue) Neille Ilel 306 W Ave 45 Los Angeles, CA 90065 (323) 352-8239 [email protected] Digital marketing, development Think Signs & Graphics LLC Cynthia Johnson 689 Radio Drive Lewis Center, OH 43035 (614) 384-0333 [email protected] Larget format printing & graphic design TYS Creative, Inc. Tin Yen 1111 Corporate Center Dr. Monterey Park, CA 91754 (323) 604-0831 [email protected]

page 23 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Design and marketing agency Watearth, Inc. Jennifer Jill Walker P.O. Box 10194 Houston, TX 77206 (713) 208-9573 [email protected] Water resources engineering and planning Westgroup Designs, Inc. (DBA: Westgroup Parisima Hassani 19520 JAMBOREE RD. #100 IRVINE, CA 92612 (949) 250-0880 [email protected] Design, Inc.) Interior Design; Graphic Design; Strategic Planning Young Communications Group GWENDOLYN 672 LA FAYETTE PARK PLACE LOS ANGELES, CA 90057 (213) 738-9240 [email protected] YOUNG #29 Strategic Communications and Marketing Zehner Group/Matthew Zehner, LLC Matthew Zehner 5766 W. Jefferson Blvd. Los Angeles, CA 90016 (310) 765-1600 [email protected] Digital agency, development, design, marketing Zeldesign (DBA: ZHARRISON & ASSOCIATES) ZELDA HARRISON 10736 JEFFERSON BLVD. #270 CULVER CITY, CA 90230 (310) 291-2436 [email protected] Marketing, branding, design production

541613 - Customer service management consulting services; Total: 1 Marketing consulting services Stormie Petoscia dba SR Consulting Stormie R. Petosica 9217 Samantha Court San Diego, CA 92129 (858) 837-0353 [email protected] Administrative support and accounting, document control, marketing and proposal development

541613 - Marketing consulting services Total: 136

360 Total Concept Consulting LLC Shonda Scott 555 12th Street #1670 Oakland, CA 94607 (510) 836-0360 [email protected] 360 Total Concept is a program management firm specializing in compliance and monitoring, logistics, and management support services to public agencies and corporations Acire, Inc. Derek Fretheim 211 Simplicity Irvine, CA 92620 (949) 275-6365 [email protected] Consulting services, secure bike parking systems, bike fleet systems, self-services kiosks, web-based system and software development ADDISON BURNET GROUP, Inc. RAMON GRIJALVA 6809 Iris Circle Los Angeles, CA 90068 (310) 748-1138 [email protected] Management Consulting for Transportation Advanced Avant-Garde Corporation ANA Marie Lenoue 3670 W TEMPLE AVE, STE. 278 POMONA, CA 91768 (909) 979-6588 [email protected] Compliance, program management, outreach Alas Media, Inc. Rosa Maria 451 S. Brand Blvd. Suite 201 San Fernando, CA 91340 (818) 216-5153 [email protected] Ruvalcaba Video production and commercial photography Allegra Consulting, Inc. SUZANNE MADISON 129 A North Marengo Avenue PASADENA, CA 91101 (626) 405-4848 [email protected] Marketing, Graphic Design and Consumer Research Ambient Solutions, Inc. GREG MILLS 791 Price Street, #115 Pismo Beach, CA 93449 (626) 396-5029 [email protected] Creative design, marketing, web development and print broker Amheart Solutions Paul Jung 1421 N. Wanda RD Orange, CA 92867 (714) 869-4756 [email protected] OM Temporary staffing Ana Cubas Consulting LLC dba Mariposa Ana Esmeralda 706 Amador Street Los Angeles, CA 90012 (213) 220-4656 [email protected] Community Outreach and Public Affairs (DBA Cubas LEED and sustainability services, community outreach, public and government affairs Angela Starr Consulting, LLC Angela Marie Starr 31771 Paseo Peonia Murrieta, CA 92563 (213) 300-3418 [email protected] Public relations and communications consulting Anthology LLC LINDA YOON 527 MOLINO ST. #103 LOS ANGELES, CA 90013 (310) 430-3091 [email protected] Graphic and interactive design; Software development; advertising creative design Anti-Villain, LLC dba Heritage Tree Films BRENT TROTTER 9520 S Denker Ave Los Angeles, CA 90047 (818) 726-2684 [email protected] Video production

page 24 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Appolonia Seven Inc. (DBA: Infinity Business Lily Otieno 7372 Walnut Ave, Suite A Buena Park, CA 90620 (714) 670-8941 [email protected] Solutions) Consulting - supplier diversity training, marketing and sales for business Arellano Associates, LLC Genoveva L. Arellano 5851 Pine Ave., Suite A Chino Hills, CA 91709 (909) 627-2974 [email protected] Public relations and community outreach Armand Resource Group, Inc Gregory A Jenifer 300 Frank W Burr Blvd #35 Teaneck, NJ 07666 (201) 357-8725 [email protected] Diversity, outreach compliance monitoring consulting AVS Consulting, Inc. Arthur Sohikian 1055 W. 7th St. Los Angeles, CA 90017 (213) 629-4287 [email protected] Public Affairs, Govermental Affairs, Land-Use Entitlement B3 Media Solutions Inc. Myra Bell 5965 Wilbur Ave Tarzana, CA 91356 (818) 430-8969 [email protected] Social media/online market research and analysis BARRIOS & ASSOCIATES, LLC (DBA: ARIANNA BARRIOS 701 E. Chapman Avenue ORANGE, CA 92866 (949) 215-5539 [email protected] COMMUNICATIONS LAB) Marketing, Communications, public relations Brasfield & Associates Marketing GIOVANNA 1997 E. CANOVA LANE COMPTON, CA 90221 (310) 863-5083 [email protected] BRASFIELD Outreach, Construction Relations, Marketing, Event Management, Program Development and Project Administration Buchanan & Associates Gilbert Buchanan 560 W. Main Street, Suite C#105 ALHAMBRA, CA 91801 (626) 533-1186 [email protected] Contract and labor compliance - Engineering design and How to start a business training, how to develop and grow your existing business training, safety plan development, leadership and supervision training, project management and cost control Burgos Communications LLC dba ANCON (DBA: YANKA BURGOS 253 CONWAY AVENUE LOS ANGELES, CA 90024 (310) 862-4882 [email protected] ANCON Communications & ANCON Public Re Public Relations & Marketing C2PM Rowena Altaha 801 S.Olive Street, Suite 2112 Los Angeles, CA 90014 (949) 333-3700 [email protected] Professional program and construction management Carter Agency, The RON CARTER 1015 N. LAKE AVENUE PASADENA, CA 91104 (626) 345-1413 [email protected] Public Relations Agency and Outreach Casamar Group, LLC Joseph Garcia 23335 ALAMOS LANE NEWHALL, CA 91321 (661) 254-2373 [email protected] Engineering consulting and contract labor compliance CASTRO PETERSEN INC dba Creative Deborah Castro 5030 E 2nd Street Long Beach, CA 90803 (562) 985-1363 [email protected] Productions (DBA: CREATIVE PRODUCTIONS) Integrated marketing, digital and media agency causeIMPACTS LLC (DBA: causeIMPACTS) Jessica Daugherty 5301 W. 119th Place Inglewood, CA 90304 (714) 390-6301 [email protected] Strategy consulting; communication; public relations Community Arts Resources Aaron Paley 3780 Wilshire Blvd. #1020 Los Angeles, CA 90010 (213) 365-0605 [email protected] Creates unique experience where arts, community and civic life collide. Design new public spaces and active transportation improvements and develop creative approaches to neighborhood economic development. Conceptive, Inc. Eric Brown 15206 Ventura Blvd., Suite 200 SHERMAN OAKS, CA 91403 (323) 533-5803 [email protected] Entertainment video production Constant and Associates, Inc. Renee Michelle 3655 Torrance Blvd. Torrance, CA 90503 (424) 320-2587 [email protected] Groblewski Emergency management and security Cooperson Communications LLC Dorothy Cooperson 3624 Encinal Ave La Crescenta, CA 91214 (213) 500-3091 [email protected] Financial reporting and analysis, marketing and public relations Cynthia M. Ruiz & Associates (DBA: Cynthia M Cynthia Ruiz 4216 Collis Ave. Los Angeles, CA 90032 (818) 606-0806 [email protected] Ruiz & Associates) Business development and stakeholders outreach

page 25 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

D R A & Associates DANIEL ARGUELLO 3029 EVA TERRACE LOS ANGELES, CA 90081 (323) 222-8436 [email protected] Public works construction management Dakota Communications Kerman Maddox 800 WILSHIRE BOULEVARD, LOS ANGELES, CA 90017 (310) 815-8444 [email protected] Public outreach, media and governmental relations Denise Wada DENISE WADA 201 FRANKFORT AVENUE HUNTINGTON BEACH, CA 92648 (714) 787-8020 [email protected] Graphic & Web Design and Management Designed by Colleen, LLC (DBA: Place and Page) Colleen Corcoran 453 S. Spring St. Los Angeles, CA 90013 (213) 400-4997 [email protected] Graphic design services, marketing, branding and publication designs DOMAIN EXPERTS CORPORATION Veena 4633 Old Ironsides Drive, Suite Santa Clara, CA 95054 (408) 748-1800 [email protected] Ramachandran 280 Diverse business management consulting services ETA Advertising, Inc. (DBA: ETA Agency) Cynthia Allen 444 W Ocean Blvd LONG BEACH, CA 90802 (562) 499-2305 [email protected] Advertising and marketing Ethos Group, Inc. IVAN CEVALLOS 9141 Annik Drive Huntington Beach, CA 92646 (626) 374-6819 [email protected] Advertising & Marketing; Translation ETR Consultants, LLC (DBA: ETR Consultants) Michelle McElroy 19416 S. Kemp Ave. CARSON, CA 90746 (310) 720-2276 [email protected] Project management, administrative support, public outreach, staff augmentation Everfield Consulting, LLC Delbara Dorsey 2075 W. 235TH PLACE TORRANCE, CA 90501 (310) 251-7165 [email protected] Marketing consulting services Five23 Group Inc (DBA: Lumenor Consulting Bridgette Karra 115 South Smead Court Roswell, GA 30076 (404) 918-9078 [email protected] Group) Business and technology consulting G2B Consulting Gwendolen Gray 11504 Alclad Ave Whittier, CA 90605 (610) 513-0917 [email protected] Program and project management, project controls, DBE/SBE compliance, business development and marketing GCM Consulting, Inc. Michael Phillips 22282 Wayside MISSION VIEJO, CA 92692 (949) 521-4474 [email protected] Support Services, Project Management, QA/QC Gladiator Studios Fernando Velasquez 3306 Glendale Blvd. Unit #3 Los Angeles, CA 90039 (323) 790-9799 [email protected] Web design, graphic design, social media marketing, video production Gomodesign, Inc. (DBA: gomodesign, inc.) Maureen Smullen 335 N Adams St Glendale, CA 91206 (818) 369-2211 [email protected] Graphic design and marketing HAN SONG GROUP, LLC Leslie Winner 3435 WILSHIRE BLVD. LOS ANGELES, CA 90010 (800) 317-2807 [email protected] Communications HSW Services (DBA: H S W Services) Marilyn White 2724 ALBATROSS DRIVE COSTA MESA, CA 92626 (714) 791-1092 [email protected] Certification for governmental agencies and outreach consulting InFocus Margaret Sacco 3066 Starling Avenue Thousand Oaks, CA 91360 (608) 215-0272 [email protected] Library service consulting Integris Management Group, Inc. Patricia Bywater 18414 Buckthorn Rd San Bernardino, CA 92407 (909) 752-0230 [email protected] Project & construction management; inspection and project controls; proposal preparation services Invested Advisors, Inc. (DBA: Invested Traveler Crystal Sargent 3077-B Clairemont Drive #394 San Diego, CA 92117 (858) 472-3682 [email protected] and BuyIt/BoxIt) Business management consulting - go to market strategies Jakes Associates, Inc. J. David Mori 2021 The Alameda Suite 230 San Jose, CA 95126 (408) 249-7200 [email protected] Transportation Consulting JCI Worldwide, Inc. Seth Jacobson 1513 6th Street, # 204 Santa Monica, CA 90401 (310) 310-2616 [email protected] Communications, Marketing, Public Outreach, Public Relations and Public Affairs

page 26 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

JD Enterprises Joseph Dudek 99 Pasadena Avenue Suite 1 South Pasadena, CA 91030 (626) 260-1750 [email protected] Parking & management consultants. Business development and recruitment and broker of products JKH Consulting (DBA: JKH Consulting LLC) Jamarah Harris 321 36th Place Manhattan Beach, CA 90266 (646) 262-8044 [email protected] Public affairs & governmental relations JLM Staffing Solutions (DBA: JLM Strategic LaShondra Mercurius 111 W Ocean Blvd LONG BEACH, CA 90802 (866) 240-8607 [email protected] Talent Partners) Temporary help, direct hire placement, consulting Jones Worley Design, Inc. Cynthia Jones Parks 723 Piedmont Avenue, N.E. Atlanta, GA 30308 (404) 876-9272 [email protected] Marketing communications, and graphic design/creative services Jovenville, LLC (DBA: We The Creative) JOVEN OROZCO 2810 villa way newport beach, CA 92663 (877) 887-1318 [email protected] Graphic Design; Marketing; Advertising Design Kandi Reyes & Associates Kandi Reyes 1227 10TH ST. Santa Monica, CA 90401 (310) 451-9780 [email protected] Marketing, public relations Karla V. Gonzalez Enterprises Karla Gonzalez PO Box 476 Perris, CA 92572 (909) 223-2519 [email protected] Management and administrative consulting Katherine Hunter-Blyden (DBA: KHB Marketing Katherine 2400 N Lincoln Av Altadena, CA 91001 (626) 344-8730 [email protected] Group) Hunter-Blyden Marketing & Management Consulting KATHERINE PADILLA & ASSOCIATES KATHERINE 440 TAMARAC DRIVE PASADENA, CA 91105 (323) 258-5384 [email protected] PADILLA Community Outreach, Facilitation & Public Relations Kim Flum Consulting (DBA: Craft KIM FLUM 1117 Hicrest Road GLENDORA, CA 91741 (310) 945-7499 [email protected] Communications) Advertising and Marketing L D A Consulting Lori Diggins 4711 Spicewood Springs Rd Austin, TX 78759 (202) 548-0205 [email protected] Transportation Consulting Langford & Carmichael, Inc. Linda Clark 4422 LAURELGROVE AVENUE, STUDIO CITY, CA 91604 (310) 902-1877 [email protected] Strategic business consulting services Law Offices of John W. Harris & Associates John Harris 865 S. Figueroa street Los Angeles, CA 90017 (213) 489-9833 [email protected] Law Office. Consulting in local hires, labor compliance, outreach programs. Lee Andrews Group (DBA: Lee Andrews Group, Stephanie Graves 818 West 7th Street Los Angeles, CA 90017 (213) 891-2965 [email protected] Inc.) Public affairs, community outreach, construction management Lift Solutions, Inc. John Castano 1806 S Lake Stevens Drive Lake Stevens, WA 98258 (425) 249-2507 [email protected] Elevator & escalator electrical parts (broker) and consulting services LRG Services Inc. Lisa Gardner 207 42nd Street Manhattan Beach, CA 90266 (972) 965-5390 [email protected] Consulting human resources, compliance for EEO and subcontracting LRS Program Delivery, Inc. LAN SAADATNEJADI 1379 Park Western Dr. #364 San Pedro, CA 90732 (310) 650-8622 [email protected] Project & Program management for infrastructure improvements; engineering consulting services LVR International LIA REYES 1601 N. SEPULVEDA BLVD. MANHATTAN BEACH, CA 90266 (213) 819-9009 [email protected] #789 Planning, design, consulting & operation for transportation projects i.e. outreach, parking transit oriented development and mixed-use development Magna Sol Corp. Maria Claudio 16515 Prairie Avenue Lawndale, CA 90260 (310) 218-9908 [email protected] Professional service consulting Marketing Maven Public Relations, Inc. LINDSEY CARNETT 1297 FLYNN ROAD #150 CAMARILLO, CA 93012 (310) 994-7380 [email protected] Public Relations Agency

page 27 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Maroon Society, Inc. Aaron Celious 6121 Sunset Blvd. LOS ANGELES, CA 90028 (310) 694-8075 [email protected] Market research and management consulting Maven Innovative Consultancy, LLC Tyrone Freeman 2031 Dracena Drive Los Angeles, CA 90027 (707) 962-8361 tyronefreeman@maveninnovativeconsulta ncy.com Business management & consulting with a emphasis on turn around management and start up business McCormick-Busse Inc. (DBA: MBI Media) Mary McCormick 957 S VILLAGE OAKS DRIVE COVINA, CA 91724 (626) 967-1510 [email protected] Construction documentation, video production & graphic design Michelle Kirkhoff Consulting, LLC MICHELLE 1357 EAST BIG BEAR BLVD. BIG BEAR CITY, CA 92314 (909) 534-8767 [email protected] KIRKHOFF Transportation consultant for mobility, air quality, development of programs and projects Mindy F. Berman Communications Mindy F. Berman 21901 Lassen Street Suite 151 Chatsworth, CA 91311 (818) 280-5106 [email protected] Public Relations & Marketing Consulting Mirror Digital Inc. (DBA: Mirror Digital Inc) Sheila Marmon 3535 Hayden Ave Culver City, CA 90232 (917) 207-2010 [email protected] digital advertising Mobility Advancement Group Martin Gombert 2202 Pinecrest Drive Altadena, CA 91001 (626) 487-8230 [email protected] Provide transportation consulting MSH Ventures Corp (DBA: Garuda Promo and Shirley Ho 6230 Wilshire Blvd #1197 LOS ANGELES, CA 90048 (323) 379-4887 [email protected] Branding Solutions) Sell Promotional Products and Business Apparel and marketing support services MYDOGKOBE INC (DBA: Worker Coach) Rhennie Viloria 21748 Devonshire St Chatsworth, CA 91311 (661) 794-8453 [email protected] Project management training, computer programming and contracting. Noble Insight, Inc. LaDetra White 2831 Laurelgate Drive Decatur, GA 30033 (770) 309-2395 [email protected] Trainings in Transportation marketing and research, message planning, marketing communications, branding and corporate identiy, direct-to-consumer promotions, collateral design, direct response programs, internal communications programs and package design Nova Guidance, LLC (DBA: Nova DeJhemani) Erin Flannery 22020 VISCANIO RD WOODLAND HLS, CA 91364 (818) 287-1496 [email protected] Marketing, training, and administrative services Oschin Partners, Inc. FRANCINE OSCHIN 16027 Royal Oak Road Encino, CA 91436 (818) 907-1130 [email protected] Consulting/strategic transportation planning Perfect Image Consulting, LLC BRENDA HARER 9171 GAZETTE AVE CHATSWORTH, CA 91311 (818) 992-8500 [email protected] Event planning, marketing, training PRR Inc. (DBA: PACIFIC RIM RESOURCES, INC.) Colleen Gants 1501 4TH AVE STE 550 SEATTLE, WA 98101 (206) 623-0735 [email protected] Public relations, marketing, research, facilitation and public involvement and creative studio Public Connections Organization (PCO) Sherman Gay 504 Cheriton Drive Carson, CA 90746 (310) 701-5322 [email protected] Public outreach; business development and contract compliance Pulsar Advertising, Inc. Alberto Gonzalez 10940 Wilshire Blvd, Suite 1050 Los Angeles, CA 90024 (323) 302-5101 [email protected] Advertising, Marketing for Transportation RadioWave Marketing & Promotions, LLC DARCEY STAMLER 3740 Moore Street LOS ANGELES, CA 90066 (310) 621-5454 [email protected] Marketing services Rambo House Media LLC Dion Rambo 249 Waterview St. Plaza Del Rey, CA 90293 (310) 570-2506 [email protected] Marketing, advertising and public relations for governmental agencies, non-profit, for profit firms Redfern & Associates CAROL P. REDFERN 2325 TEASLEY STREET LA CRESCENTA, CA 91214 (818) 681-6317 [email protected] Marketing Consulting in Transportation & Data Management Regulatory Valuations & Financial Forensics dba Timothy Blackmer 21151 S, Western Avenue Torrance, CA 90501 (310) 755-2534 [email protected] Timothy Blackmer (DBA: Timothy B CPA, asset valuation and financial forensic

page 28 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

RL CONSULTING LLC Rachel Leffall 6045 W CHANDLER BLVD STE CHANDLER, AZ 85226 (480) 684-2711 [email protected] 13-131 Document control management and professional services SAESHE (DBA: Saeshe) YOUNG YU 1055 W. 7TH ST., SUITE 2150 LOS ANGELES, CA 90017 (213) 683-2108 [email protected] Advertising, public relations and media buying agency Sandidge Consulting, Inc. Clay Sandidge 192 N. Marina Drive Long Beach, CA 90803 (714) 321-3346 [email protected] Environmental and Energy Consulting Sarai Group dba Sara Rubalcava (DBA: Sara Sara Rubalcava 3630 Tacoma Ave. Los Angeles, CA 90065 (626) 788-1673 [email protected] Rubalcava) Marketing, public relations, community relations and project management Sax Productions Inc. (DBA: The Sax Agency) Tamara Keller 1055 W. 7th St. Los Angeles, CA 90017 (213) 232-1682 [email protected] Marketing, advertising Schenae Rourk (DBA: Resource Solutions of CA) Schenae Rourk 6425 GREEN VALLEY CIR CULVER CITY, CA 90230 (310) 356-7619 [email protected] Strategic marketing consulting, video with drone services, capacity building, technical assistance, data analysis, polling and labor and contract compliance, public relations and stakeholder engagement SocialQuest, Inc. Monica Torres 5657 St. Clair Avenue Valley Village, CA 91607 (818) 755-9091 [email protected] Marketing consulting & translation Strategic Solutions Group, Inc. Candace Bond 1000 S. Hope St. Suite 429 LOS ANGELES, CA 90015 (213) 271-2045 [email protected] McKeever m Community Outreach, advertising, marketing Sumire Gant Consulting Sumire Gant 2234 N. Bellflower Blvd. #15021 Long Beach, CA 90815 (562) 397-7849 [email protected] Transportation planning governmental affairs and outreach Sunlight Media LLC Angelo Frisina 811 W. 7th St, Los Angeles, CA 90017 (323) 868-3581 [email protected] Web design, software development, digital marketing Susan Hafner, Multimodal Solutions SUSAN HAFNER 7304 Eads Avenue La Jolla, CA 92037 (619) 417-2444 [email protected] Develop optimization projects to maximize efficiency in transit operations and improve customer service Systems Consulting, LLC Everette Adams 1145 BROADWAY STE 605 TACOMA, WA 98402 (253) 272-4550 [email protected] Project Management services for the design and construction of large capital projects. T&T Public Relations, Inc (DBA: T&T Public ENEIDA TUCKER 23223 DOBLE AVENUE TORRANCE, CA 90502 (213) 232-1124 [email protected] Relations) Public relations; marketing consulting services; marketing research T. A. Group Ayahlushim 550 S. Hope Street Suite 700 Los Angeles, CA 90071 (213) 325-3072 [email protected] Getachew Community outreach, real estate property management, compliance, and collections THE CHAMPION SERVICES GROUP, INC. James A. Champion 6501 NW 36TH STREET SUITE MIAMI, FL 33166 (305) 871-4866 [email protected] 300 Employee relations, EEO/AAP, employee development, training The Fabular Group, LLC Irma Fabular 15242 Maple Grove Lane San Diego, CA 92131 (619) 869-6243 [email protected] Management solutions: IT strategic, operational plans, and organizational support services The Glue, LLC (DBA: The Glue) Neille Ilel 306 W Ave 45 Los Angeles, CA 90065 (323) 352-8239 [email protected] Digital marketing, development The Greg Group, Inc. Gregory Sirbu 612 S. Catalina Ave. #203 Redondo Beach, CA 90266 (310) 955-7368 [email protected] IT sale consulting The Maxima Group, LLC PATRICIA FLYNN 444 S. FLOWER ST. #3700 LOS ANGELES, CA 90071 (213) 590-8441 [email protected] Real Estate Market Research & Economic Analysis The OMNI Group, LLC (DBA: OGx Consulting) Alvin McBorrough 17317 E Caley Ln Aurora, CO 80016 (303) 261-6320 [email protected] IT and management services

page 29 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

The Robert Group, Inc. CHRISTINE ROBERT 3108 LOS FELIZ BLVD. LOS ANGELES, CA 90039 (323) 669-9300 [email protected] Community Outreach The Society Nineteen Group Lela C. Thompson 7430 Arizona Avenue Los Angeles, CA 90045 (310) 645-8823 [email protected] Public relations, strategic marketing, project management The Transport Group, LLC Marcy Stehney 43588 Wild Ginger Terrace Leesburg, VA 20176 (571) 333-5557 [email protected] Fare payment systems and intelligent vehicle systems The Van Stratten Group, Inc DENISE VAN Stratten 16202 SALAZAR DR. HACIENDA HEIGHTS, CA 91745 (626) 926-5786 [email protected] Marketing, outreach, transportation demand management and special event services The Wathen Group LLC (DBA: The Wathen Deborah Wathen-Finn 7 TWOMBLY COURT MORRISTOWN, NJ 07960 (973) 998-8080 [email protected] Group) Management consulting, organization, change management, safety and improvement Thomson Consulting Barbara Thomson 8002 Winston Road Philadelphia, PA 19118 (917) 687-5298 [email protected] Transportation consulting; program management; procurement; environmental and labor. Tierra West Advisors, Inc. Rose Yonai 2616 E. 3RD ST. LOS ANGELES, CA 90033 (323) 265-4400 [email protected] Provide Real Estate and Redevelopment Related Services, including Project Management and Various Advisory Support Services Transportation Analytics DIANA DORINSON 5351 Bryant Ave. OAKLAND, CA 94618 (510) 717-4137 [email protected] Transportation consulting: providing financial analysis and performance evaluation of transportation investments, policies, and programs True Synergy, Inc. (DBA: True Synergy) Gena Davis 2325 1/2 West 25th Street Los Angeles, CA 90018 (310) 295-4366 [email protected] Executive coaching, corporate training, OD, HR, meetings/retreats Unity Consulting & Contracting Inc. Rodney Wilson PO Box 10331 Burbank, CA 91510 (770) 861-1971 [email protected] Organization development consulting and professional and management development training, car wash, jantorial service, lawn care, pressure washing and carpet cleaning URBANTRANS CONSULTANTS, INC. (DBA: Joddie Gray 1543 Champa Street, Suite 201 Denver, CO 80202 (720) 570-3343 [email protected] UrbanTrans North America) Transportation, urban planning consulting Virtegic Group, Inc. Sherman Hamilton 240 S. Monaco Parkway Denver, CO 80224 (303) 377-0873 [email protected] Marketing and media management agency VMA COMMUNICATIONS, INC Valerie Martinez 243 OBERLIN AVE CLAREMONT, CA 91711 (909) 445-1001 [email protected] m Community outreach, public affairs, marketing communications Ways2GO (DBA: Ways2GO Consulting) Julie Eldridge 221 S. Fig Street Escondido, CA 92025 (619) 535-5159 [email protected] Transportation planning, sustainability, public outreach, project management White Sand Consultants, Inc. CLAUDIA WHITE 30491 Hunky Dory lane TRABUCO CANYON, CA 92679 (949) 713-9797 [email protected] Management Consulting - assessments, coaching, performance management, training, leadership development, human capital management and Organizational development Wilson, Sparling & Associates, Inc. Daniel Carter Sparling 30900 Ranch Viejo Road, Suite San Juan Capistrano, CA 92675 (949) 218-1850 [email protected] 155 Marketing, communications, public outreach, marketing research Young Communications Group GWENDOLYN 672 LA FAYETTE PARK PLACE LOS ANGELES, CA 90057 (213) 738-9240 [email protected] YOUNG #29 Strategic Communications and Marketing Your Life's Purpose, LLC dba Diana Price & Diana Price 4859 W. Slauson Avenue Suite LOS ANGELES, CA 90056 (310) 650-5505 [email protected] Associates #470 Administrative management & general management consulting Zann & Associates, Inc Suzanne Arkle 7752 e. 4th Ave Denver, CO 80230 (720) 324-8580 [email protected] Management consulting; public engagement strategies ZDEVCO Taso Zografos 55 West Santa Inez Ave San Mateo, CA 94402 (415) 215-6113 [email protected] IT, innovation, strategy and program management consulting

page 30 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Zehner Group/Matthew Zehner, LLC Matthew Zehner 5766 W. Jefferson Blvd. Los Angeles, CA 90016 (310) 765-1600 [email protected] Digital agency, development, design, marketing Zeldesign (DBA: ZHARRISON & ASSOCIATES) ZELDA HARRISON 10736 JEFFERSON BLVD. #270 CULVER CITY, CA 90230 (310) 291-2436 [email protected] Marketing, branding, design production Zing Consulting, LLC Ryan Carter 845 Dover Street Broomfield, CO 80020 (303) 968-5603 [email protected] Safety, management, business development, marketing consulting Zuma Engineering and Research GARY WILSON 2236 HILLSBORO AVENUE LOS ANGELES, CA 90034 (310) 738-4653 [email protected] "Engineering and management consulting services - Business Development Training; Business Process Training; Program Management and Execution Training; System Training and Integration Training "

541620 - Environmental consulting services Total: 143

3314 Urban Consulting Anders 432 S New Hampshire Ave Los Angeles, CA 90020 (323) 872-9156 [email protected] Bjerregaard-Andersen Urban planning services; land use design 3COTECH, Inc. Kat Janowicz 224 W 8th Street San Pedro, CA 90731 (714) 478-4434 [email protected] Consulting services for energy, sustainability and resilience planning A E S C O Inc Kay Alabed 17782 GEORGETOWN LANE HUNTINGTON BEACH, CA 92647 (714) 375-3830 [email protected] Lab testing & analysis, engineering, construction materials testing, construction engineering & inspection, consultant, environmental, geotechnical, engineering seismic, engineering value, market research & FOCUS group A/E Tech LLC Farshad Farhang 348 Turin Street Oak Park, CA 91377 (213) 300-0470 [email protected] Acoustical noise and vibration technical consulting services ADS System Safety Consulting, LLC Kahlil M. Allen 20 S Charles St Ste 1103 Baltimore, MD 21201 (240) 882-1126 [email protected] Provides risk-based safety and security Aero Environmental Services Brian Stratouly 131 South Glassell Street, Suite ORANGE, CA 92866 (714) 516-1812 [email protected] A Environmental Consulting Services - Indoor Air Quality Air Evaluations, Industrial Hygiene Services AIH Laboratory, Inc. ZUBAIR AHMED 12611 Hidddencreek Way # B CERRITOS, CA 90703 (562) 860-2201 [email protected] Environmental testing and consulting firm Alaniz Associates Corp. Manuel Pestana 21334 E. Cloverton St. Covina, CA 91724 (714) 955-2493 [email protected] Environmental remediation, ground water, and soils Allied Geotechnical Engineers, Inc. Tiong Liem 9500 CUYAMACA ST., STE 102 SANTEE, CA 92071 (619) 449-5900 [email protected] Geotechnical engineering consulting Ambient Energy, Inc. Renee Azerbegi 1449 7th Street Denver, CO 80204 (303) 278-1532 [email protected] Energy and sustainable design consulting American Environmental Specialists, Inc. James McClung 15183 SPRINGDALE ST HUNTINGTON BEACH, CA 92649 (714) 379-3333 [email protected] Environmental consulting Ana Cubas Consulting LLC dba Mariposa Ana Esmeralda 706 Amador Street Los Angeles, CA 90012 (213) 220-4656 [email protected] Community Outreach and Public Affairs (DBA Cubas LEED and sustainability services, community outreach, public and government affairs ArchaeoPaleo Resource Management, Inc. (DBA: Robin D Turner 1531 Pontius Ave. Suite 200 Los Angeles, CA 90025 (424) 248-3316 [email protected] ArchaeoPaleo Resources Management, Environmental Consulting, Archaeology and Paleontology Surveying, Monitoring, Excavation & Reporting A-Tech Consulting, Inc. CASSANDRA 1748 W Katella Ave Ste 112 ORANGE, CA 92867 (714) 434-6360 [email protected] WILLIAMS Indoor Environmental Consulting Atwell Consulting Group, LLC ELIZABETH ATWELL 2030 N Poinsettia Street Santa Ana, CA 92706 (714) 550-1267 [email protected] HART

page 31 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Transportation & Environmental Planninig AURORA INDUSTRIAL HYGIENE Karen Shockley 1132 Mission Street, Suite B SOUTH PASADENA, CA 91030 (626) 403-4104 [email protected] Industrial hygiene consulting Axiom Engineering & Science Corporation (DBA: Johnathan Hou 1322 BELL AVE. STE. 1G TUSTIN, CA 92780 (714) 247-1002 [email protected] Axiom Corporation) Civil engineering, construction management Beyaz & Patel, Inc. Subhash Beyaz 10920 Via Frontera San Diego, CA 92127 (858) 451-0374 [email protected] Engineering (structural) consulting Blue Ocean Civil Consulting Jessica A Cassman 201 W. Harvey Ave SANTA ANA, CA 92707 (714) 655-1441 [email protected] Engineering design services and water quality consulting, site design, land development and geospatial information systems BRC-EQUALS3, Inc. (DBA: BRC-Equals3, Inc.) Kara Duckworth 312 East Matilija Street, Suite B OJAI, CA 93023 (805) 640-1196 [email protected] Environmental consulting Bridge Environmental Roy Thun 23814 LANESBORO PLACE VALENCIA, CA 91354 (661) 287-3855 [email protected] Environmental consulting services Buena Vista Environmental Consulting Inc. Elizabeth Kempton 620 W. Route 66, Ste. 221 Glendora, CA 91740 (714) 625-7237 [email protected] Ecological consulting, biological surveys and monitoring C E T Engineering, Inc. WEYMAN KAM 100 N. Barranca Avenue #700 WEST COVINA, CA 91791 (626) 858-2018 [email protected] Engineering consulting services C2PM Rowena Altaha 801 S.Olive Street, Suite 2112 Los Angeles, CA 90014 (949) 333-3700 [email protected] Professional program and construction management California Environmental Company, Inc. Steve Clark 158 Hummingbird Hill Encinitas, CA 92024 (619) 696-6018 [email protected] Environmental remediation services, scientific/technical, transportation Casamar Group, LLC Joseph Garcia 23335 ALAMOS LANE NEWHALL, CA 91321 (661) 254-2373 [email protected] Engineering consulting and contract labor compliance Cascadia Consulting Group, Inc. Amity Lumper 1109 First Avenue Suite 400 Seattle, WA 98101 (206) 449-1110 [email protected] Environmental consulting, research, planning, sustainability program management Chen Ryan Associates, Inc. (DBA: Chen Ryan Monique Chen 3900 5th Avenue Suite 310 San Diego, CA 92103 (619) 795-6086 [email protected] Associates) Transportation planning and traffic engineering Civic Projects Incorporated KATI RUBINYI 301 BAPTISTE WAY LA CANADA, CA 91011 (626) 493-1159 [email protected] Research, consulting, urban planning, Communications, marketing, graphic design. CIVIL ENVIRONMENTAL SURVEY GROUP INC Skye Green 41375 Chaparral Dr. Temecula, CA 92592 (951) 808-8585 [email protected] (DBA: CES) Environmental consulting, environmental engineering and remediation CivilEarth PETER MENG 17390 Drake Street Yorba Linda, CA 92886 (714) 312-6568 [email protected] Engineering services & construction management; provider of modular buildings; provider of Desktop Application Development, Mobile Application Development, and Web based Application development. Cogstone Resource Management, Inc. Sherri Gust 1518 W Taft Avenue Orange, CA 92865 (714) 974-8300 [email protected] Environmental Consulting Colbert Environmental Group, LLC (DBA: Colbert Kimberly Colbert 960 W.6th Street San Pedro, CA 90731 (310) 729-8031 [email protected] Environmental Group) Environmental Consulting COMPENDIUM INTERNATIONAL, INC. (DBA: C2I) Mohamood Entezar 27422 Portola Parkway, Suite Foothill Ranch, CA 92610 (800) 983-1190 [email protected] 345 Construction, construction management and environmental consulting Conservation Consulting International Ken Durand 23862 HAWTHORNE BLVD STE TORRANCE, CA 90505 (310) 373-0159 [email protected] 201

page 32 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Environmental consulting-site assessment and remediation CONSULTANTS FOR ENVIRONMENTAL SUMANT GUPTA 10 DAMARA IRVINE, CA 92614 (949) 724-1696 [email protected] SYSTEMS TECHNOLOGIES (CFEST) Environmental and groundwater management Corporate Guidance Solutions, Inc. Josh Brody 5835 Avenida Encinas, Suite 119 Carlsbad, CA 92008 (760) 651-2247 [email protected] Environmental Consulting Coto Consulting, Inc. CHRISTINA 407 Old Blue Mountain Ln Georgetown, TX 78633 (949) 378-0573 [email protected] SCHWERDTFEGER Environmental Consulting Services; Administrative management & general management consulting services (stategic planning consulting services) Creelman, Inc. Lou Barton 9040 Rangely Ave West Hollywood, CA 90048 (805) 237-9015 [email protected] Technical consulting for information technology, security and environment CrossConcepts, LLC Eugene Cross 840 E Manresa Dr Azusa, CA 91702 (626) 768-8940 [email protected] Construction and strategic project management services CTI Environmental, Inc. Robin Thorne 180 E. Ocean Blvd, Suite 650 Long Beach, CA 90802 (562) 608-8401 [email protected] Environmental Testing and Remediation CWE dba California Watershed Engineering Jason Pereira 1561 E. ORANGETHORPE FULLERTON, CA 92831 (714) 526-7500 [email protected] Corp. AVENUE Engineering, watershed management, design, support services D R Consultants & Designers, Inc. WANDA MARTINEZ 400 S. HOPE STREET LOS ANGELES, CA 90071 (213) 687-1130 [email protected] Engineering, Civil, Electrical, Instrumentation & Controls, Water/Wastewater engineering & Construction Management Dabri, Inc. Ravinder Kaur 1321 Palm Avenue Martinez, CA 94553 (925) 313-9237 [email protected] Consulting services - engineering, design and construction management Diaz Consultants, Inc. (DBA: Diaz Yourman & Gerald Diaz 1616 East 17th Street Santa Ana, CA 92705 (714) 245-2920 [email protected] Associates) Engineering DIG Designitgreen (DBA: Designitgreen) Martin Allen 973 E Main St Ventura, CA 93001 (805) 364-2377 [email protected] Landscape Architecture Earth Consultants International Inc. (DBA: Earth Eldon Gath 1642 East Fourth Street SANTA ANA, CA 92701 (714) 544-5321 [email protected] Consultants International) Geological and seismic consulting services Earth Mechanics, Inc. Hubert Law 17800 NEWHOPE STREET, FOUNTAIN VALLEY, CA 92708 (714) 751-3826 [email protected] SUITE B Engineering, Environmental Services Eco & Associates, Inc. Mitra Fiuzat 18231 Irvine Boulevard TUSTIN, CA 92780 (714) 289-0995 [email protected] ENVIRONMENTAL CONSULTING; REMEDIATION AND CONSTRUCTION ECOKAI Environmental Inc. Jim Burton 328 11th Street MANHATTAN BEACH, CA 90266 (424) 241-3524 [email protected] Environmental consulting ecologyIT Angela Miller 3678 Strata Dr. Carlsbad, CA 92010 (760) 672-3139 [email protected] Information technology services, sustainability consulting services; green information technology, business intelligence, environmental accounting and emissions calculations EcoTeal, Inc. Maria Tettman 7329 ARCADIA DRIVE HUNTINGTON BEACH, CA 92648 (714) 375-5700 [email protected] Environmental, Health and Safety Consulting, Sustainability, Energy Consulting Services, Training, Auditing and Project Management E-NOR INNOVATIONS INC. (DBA: E-Nor Traffic RONNIE JONES 16213 ILLINOIS AVENUE PARAMOUNT, CA 90723 (310) 513-6209 [email protected] Control) Perform Traffic Control, Sales & Rental of Traffic Devices and Environmental Plans and Consulting Entech Consulting Group (DBA: Entech Michelle Jones 43410 Business Park Drive Temecula, CA 92590 (951) 506-0055 [email protected] Northwest,Inc.) Environmental Consulting

page 33 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Enviro Compliance Solutions, Inc. Dhananjay Rawal 4795 BLUE MOUNTAIN DRIVE YORBA LINDA, CA 92887 (714) 259-0295 [email protected] Environmental engineering consulting Environmental Consultants Enterprise Shawn Niaki 933 W. Imperial Highway Suite B La Habra, CA 90631 (818) 599-5004 [email protected] Environmental engineering and consulting Environmental Cost Management, Inc. (DBA: Wallid Kazi 3525 Hyland Avenue, Suite 200 Costa Mesa, CA 92626 (714) 662-2957 [email protected] ECM Consultants) Engineering, remediation, compliance consulting EW Consulting, Inc. Eliza Whitman 2131 CRESCENT DRIVE ALTADENA, CA 91001 (626) 689-9992 [email protected] Engineering, environmental, management and outreach consulting services Exeltech Consulting Inc. (DBA: Exeltech Santosh Kuruvilla 8729 COMMERCE PLACE DR LACEY, WA 98516 (360) 357-8289 [email protected] Consulting, Inc) SUITE A Engineering, construction management, environmental consulting Eyestone-Jones Environmental, LLC (DBA: Stephanie 2121 Rosecrans Ave, Suite 3355 El Segundo, CA 90245 (424) 207-5333 [email protected] Eyestone Environmental) Eyestone-Jones Environmental consulting firm that writes environmental impact reports and other documents as required by the California Environmental Quality Act. First Environment, Inc. Bernard Delaney 91 Fulton St. Boonton, NJ 07005 (973) 334-0003 [email protected] Environmental Consulting First On Compliance, Inc. DAVID OFWONO 29193 Santa Cruz Drive SANTA NELLA, CA 95322 (209) 826-5103 [email protected] Emergency management, emergency response and OSHA safety training and consulting Fueltec, Inc. Caesar Torres 1693 W. Phillips Drive Pomona, CA 91766 (909) 743-9725 [email protected] Environmental compliance, hazardous material removal G C Tech, Inc. Adrienne Gardner 417 S. Hill St., Ste. 203 Los Angeles, CA 90013 (213) 833-5910 [email protected] Planning Design, Management Consulting Gabrieleno Band of Mission Indians LLC Andrew Salas 910 N. Citrus Ave Covina, CA 91722 (844) 390-0787 [email protected] Native American tribal and historical consulting Galvin Preservation Associates Inc. dba GPA Andrea Galvin 231 CALIFORNIA STREET EL SEGUNDO, CA 90245 (310) 792-2690 [email protected] Consulting Environmental planning, historic preservation, and biology studies Global ASR Consulting Inc. Berwynson Salazar 21238 Kinard Avenue Carson, CA 90745 (818) 445-7677 [email protected] Environmental consulting substainability H 2 Environmental Consulting Services, Inc. Amy DeSantiago 13122 6TH ST CHINO, CA 91710 (909) 628-0369 [email protected] Environmental Testing HJI Group Corporation (DBA: H J I Group Hong Jiang 3200 PARK CENTER DRIVE, COSTA MESA, CA 92626 (714) 557-8800 [email protected] Corporation) SUITE 1180 Environmental consulting ICI Engineers, Inc. Joe Ablay 4000 W. Valley Blvd. Ste. 105 Walnut, CA 91789 (909) 444-1800 [email protected] Engineering Consulting, Mechanical, Electrical, Plumbing, Fire Protection Energy IMPACT SCIENCES, INC. (DBA: Impact Sciences, Jessica Flores 231 Village Commons Boulevard, Camarillo, CA 93012 (805) 437-1900 [email protected] Inc.) Environmental planning and consulting/biological services/CEQA/NEPA J. C. Palomar Construction, Inc. Jose Diaz 2627 S. MAIN STREET SANTA ANA, CA 92707 (714) 754-6440 [email protected] Environmental Remediation, General Construction John Bollinger DBA The Mentor Group (DBA: The John Bollinger 3612 Barham Blvd W313 Los Angeles, CA 90068 (323) 823-7442 [email protected] Mentor Group) Consulting services for architectural, real estate, project management, infrastructural, cost estimating & scheduling, and urban planning

page 34 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL John P. McCabe dba MEHS Consulting (DBA: John McCabe 7100 Hayvenhurst Ave #314 LAKE BALBOA, CA 91406 (818) 618-1096 [email protected] MEHS Consulting) Environmental, health & safety, and energy efficiency consulting Kaizenergy, LLC JUAN M. MATUTE 1435 26TH STREET UNIT 10 SANTA MONICA, CA 90404 (424) 625-9930 [email protected] Transportation, urban planning consulting - including strategic planning (transit, energy & climate change) and transportation greenhouse gas analysis Kizh Nation Resources Management Andrew Salas 910 N. Citrus Ave Covina, CA 91722 (626) 521-5827 [email protected] Environmental consulting for cultural, natural and palenotological KMEA Robert Forrest 2423 Hoover Avenue NATIONAL CITY, CA 91950 (619) 399-5900 [email protected] Environmental consulting Kroner Environmental Services, Inc. Tamara Kroner 10801 National Blvd., Suite 415 Los Angeles, CA 90064 (310) 474-1500 [email protected] Environmental Cosulting and services KRT Management, Inc. dba Northstar Katherine Tweidt 26225 ENTERPRISE COURT LAKE FOREST, CA 92630 (949) 580-2800 [email protected] Environmental Remediation Environmental Consulting, Remediation & Construction KTU & A Sharon Singleton 3916 Normal Street San Diego, CA 92103 (619) 294-4477 [email protected] Planning and landscape architecture Laurel Civil & Environmental Consultants Sally Drinkard 27252 Borrasca Mission Viejo, CA 92691 (714) 474-4174 [email protected] Environmental consulting services M T G L Inc. Marianne Sierra 2992 E La Palma Avenue, Suite Anaheim, CA 92806 (714) 632-2999 [email protected] A Testing lab M.B. TECHNICAL SERVICES Michael Bates 3166 Easy Ave LONG BEACH, CA 90810 (562) 426-3453 [email protected] Mechanical and Engineering Consulting Services M.S. Hatch Consulting, LLC Massie Hatch 10 MARIPOSA IRVINE, CA 92604 (949) 333-3243 [email protected] Environmental Consultant (Air Quality) M2 Resource Consulting, Inc. Karen Miller 6910 84th St. Ct. NW Gig Harbor, WA 98332 (626) 497-0901 [email protected] Professional Technical Services Consulting: Water, Groundwater, Environmental, Planning, Climate Change, Stormwater, Technical Writing, Project Management MAISOON AFANEH ENVIRONMENTAL Maisoon Afaneh 1462 Oldenburg Lane NORCO, CA 92860 (909) 645-3790 [email protected] PLANNING Conduct technical studies and prepare environmental documents and reports for project's approval and delivery Mark Bellini Mark Bellini 1206 Ferrara Dr. Ojai, CA 93023 (801) 381-0021 [email protected] Biological and Environmental Services MARRS Services, Inc. Rubina Chaudhary 340 E. COMMONWEALTH AVE FULLERTON, CA 92832 (714) 213-8650 [email protected] Engineering & Construction Management, Environmental and UXO Services Morgner Technology Management (DBA: Monique Morgner 5055 Wilshire Blvd. Los Angeles, CA 90036 (323) 900-0030 [email protected] Morgner Construction Management) Lukeman Construction Management, Pre-Construction Surveys, Mundo Environmental, Inc. Rodrigo Proust 71 SAN MARINO AVENUE VENTURA, CA 93003 (805) 650-3311 [email protected] Environmental consulting services Nichols Business Group, Inc. dba NBG Allen Nichols 22772 CENTRE DRIVE, STE. LAKE FOREST, CA 92630 (949) 283-5757 [email protected] Construction Services 120 Heavy highway construction; environmental and safety & health consulting OFRS, Inc. Charles Anzalone 1875 Freeman Ave, Suite A Signal Hill, CA 90755 (562) 343-7100 [email protected] Demolition, remediation and environmental services Okapi Architecture Inc. Ying Wang 1019 GREEN LANE LA CANADA, CA 91011 (818) 952-6328 [email protected] Architectural and environmental consulting

page 35 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

PacRim Engineering Inc (DBA: PacRim Peter Liu 1820 East First Street Santa Ana, CA 92705 (714) 683-0470 [email protected] Engineering, Inc.) Civil engineering consulting services Paleo Solutions, Inc. Geraldine Aron 911 S. Primrose Ave Unit N Monrovia, CA 91016 (562) 818-7713 [email protected] Environmental consulting, archaeological & paleontological Pan Environmental, Inc. (DBA: same as above) Dana Byrne 11551 CORTE PLAYA LAS SAN DIEGO, CA 92124 (858) 560-6585 [email protected] BRISAS, SUITE 110 Environmental Consulting Services Paragon Engineering & Management, LLC ETHELINDA 11601 WILSHIRE BLVD. #500 LOS ANGELES, CA 90025 (626) 437-3333 [email protected] WALKER Construction and Project Management Pari & Gershon, Inc. Romena Jonas 2053 Lincoln Avenue, Suite A San Jose, CA 95125 (925) 768-5245 [email protected] Environmental consulting, engineering design and construction Patricia J. Chen, PC dba PC Law Group Patricia Chen 2 PARK PLAZA, SUITE 480 IRVINE, CA 92614 (949) 209-9019 [email protected] Attorney at law Petteway Management Group, LLC Roxanne Petteway LAX Continental Grand Center El Segundo, CA 90245 (951) 704-0170 [email protected] Project management consulting Process Profiles KIRSTEN SINCHAIR 5657 Ruthwood Drive CALABASAS, CA 91302 (818) 878-0454 [email protected] ROSSELOT Environmental Consulting, Technical Planning & Management Tools Raju Associates, Inc. SRINATH RAJU 505 E. COLORADO BLVD. #202 PASADENA, CA 91101 (626) 792-2700 [email protected] Traffic engineering, environmental studies, transport planning, parking studies and transit planning Rani Engineering Inc. Susan Rani 2912 Anthony Ln #100 Minneapolis, MN 55418 (612) 455-3322 [email protected] Systems work, train control, signals work, engineering services Remsci, Inc. dba Remediation Sciences Yonathan Yoseph 3822 CAMPUS DR. SUITE 219 NEWPORT BEACH, CA 92660 (949) 660-9292 [email protected] Environmental consulting Robin Lynch (DBA: Regenerative Design Robin Lynch 302 W. 5th Street Suite 311 SAN PEDRO, CA 90731 (424) 248-2804 [email protected] Studios) Landscape and irrigation design, consulting and project management RT Engineering & Associates, Inc (DBA: RT Regina Stevens 1901 1ST AVE. SUITE 217G SAN DIEGO, CA 92101 (909) 855-1807 [email protected] Engineering and Associates, Inc.) A&E firm specializing in program management; engineering design support; project management Rubicon Engineering Corporation Vida Tarassoly 12831 Newport Avenue Tustin, CA 92869 (714) 573-0081 [email protected] Engineering services Ruth Villalobos & Associates, Inc. Ruth Villalobos 3602 Inland Empire Blvd, Suite Ontario, CA 91764 (909) 245-1140 [email protected] C310 Environmental consulting S & T Engineering, Inc. Moksudur Rahman 15437 PROCTOR AVE CITY OF INDUSTRY, CA 91745 (626) 961-4534 [email protected] Material Testing, Inspection, and Engineering Sandidge Consulting, Inc. Clay Sandidge 192 N. Marina Drive Long Beach, CA 90803 (714) 321-3346 [email protected] Environmental and Energy Consulting Sapphos Environmental, Inc. Marie Campbell 430 N HALSTEAD ST PASADENA, CA 91107 (314) 562-0361 [email protected] Environmental compliance consulting services Saucedo Professional Group, Inc. Silvia Saucedo 3055 WILSHIRE BLVD. 12TH FL. Los Angeles, CA 90010 (323) 243-4556 [email protected] Real Estate Development Consulting, Including Entitlements Public/Community Outreach and Project Management SCST, Inc. Neal Clements 6280 Riverdale Street San Diego, CA 92160 (619) 280-4321 [email protected]

page 36 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Geotechnical Engineering, Materials Testing SEC LLC Jay Tourgoutian 9003 Reseda Blvd, Suite #202 Northridge, CA 91324 (424) 248-9910 [email protected] Construction management SFC Communications, Inc. (DBA: Eukon Group, Saundra F. Jacobs 65 POST, SUITE 1000 IRVINE, CA 92618 (949) 553-8566 [email protected] Inc.) Environmental consulting SHA Analytics, LLC SARA H. AMIRI 443 LEVERING AVE LOS ANGELES, CA 90024 (310) 916-9494 [email protected] Management Consulting (Economic impact studies; cost & financial analysis; risk analysis) SRK Engineering SHERRY 4010 MORENA BLVD SAN DIEGO, CA 92117 (909) 456-5164 [email protected] KIRKPATRICK Engineering and Construction Contracting & Management Stephanie Remington Stephanie Remington 312 E. 16th Street Costa Mesa, CA 92627 (949) 400-0675 [email protected] Biological consultant specializing in bats STONERIDGE DEVELOPMENT SERVICES, LLC Cecila Jackson 155 North Lake Avenue Pasadena, CA 91101 (626) 993-6789 [email protected] (DBA: STONERIDGE DEVELOPMENT COMPANY) Green building development; new and remodel building design and construction SURF TO SNOW ENVIRONMENTAL RESOURCE Elizabeth Frantz 2246 Camino Ramon San Ramon, CA 94583 (925) 413-6274 [email protected] MANAGEMENT, INC. dba S2S ERM Environmental consulting Tatsumi and Partners, Inc. David H. Tatsumi 49 Discovery, Suite 120 Irvine, CA 92618 (949) 453-9901 [email protected] Landscape Architecture Terra Environmental Services Inc. DIANA MONSALVO 12631 IMPERIAL HIGHWAY SANTA FE SPRINGS, CA 90670 (562) 868-3777 [email protected] #A225 Environmental Inspection and Testing Terry A. Hayes Associates Inc. Terry Hayes 3535 Hayden Avenue, Suite 350 Culver City, CA 90232 (310) 839-4200 [email protected] Environmental Planning Titan Environmental Solutions, Inc. Robert Menald 1521 EAST ORANGETHORPE FULLERTON, CA 92831 (888) 948-4826 [email protected] AVENUE, SUITE B Environmental Consulting Services TransLink Consulting, LLC Lisa Young 1191 Innisfree Court Fullerton, CA 92831 (714) 768-5242 [email protected] Transportation Planning Services Translutions, Inc. Sandipan 17632 Irvine Blvd, Ste 200 Tustin, CA 92780 (949) 232-7954 [email protected] Bhattacharjee Transportation Planning; Traffic Engineering & Environmental Consulting TSG Enterprises Inc. (DBA: The Solis Group) Terry Solis 131 N. El Molino Ave. Pasadena, CA 91101 (626) 685-6989 [email protected] Management & Construction Management Consulting Turner Engineering Corporation David Turner 2006 GLYNDON AVENUE VENICE, CA 90291 (310) 915-7601 [email protected] Engineering, analysis, design and test for rail transportation systems and equipment. TWS Environmental LLC Jose Suarez 3 Owls Nest Road Wilmington, DE 19807 (302) 661-1400 [email protected] Environmental field services UltraSystems Environmental, Inc. Betsy Lindsay 16431 Scientific Way Irvine, CA 92618 (949) 788-4900 [email protected] Environmental Consulting US Sound & Vibration Institute (DBA: U S Sound Dan Fang 6325 Alondra Blvd Paramount, CA 90723 (714) 717-9968 [email protected] & Vibration Institute) VA Consulting, Inc. Max Vahid 46 Discovery #250 Irvine, CA 92618 (949) 474-1401 [email protected] Civil Engineering Consulting and Land Surveying Services

page 37 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Value Sustainability Salem Afeworki 421 Bernard Street, Apt 123 Costa Mesa, CA 92626 (510) 701-7056 [email protected] Consulting climate change, sustainability and community engagement Vandermost Consulting Services, Inc. dba VCS Julie Beeman 30900 RANCHO VIEJO ROAD SAN JUAN CAPISTRANO, CA 92675 (949) 234-6070 [email protected] Environmental (DBA: VCS Environment #100 Environmental, regulatory, compliance consulting VENUS ENGINEERING SERVICES LLC Rose Keshawarz 3465 Christopher Lane Corona, CA 92881 (951) 235-2427 [email protected] Construction/project management, environmental, inspection services VRPA Technologies, Inc. Georgiena Vivian 4630 W. Jennifer #105 Fresno, CA 93722 (559) 259-9257 [email protected] Transportation planning, traffic engineering, environmental assessment and public outreach VS2 Consulting, Inc. Sean Vargas 1048 Fortune Way Los Angeles, CA 90042 (310) 617-2569 [email protected] Civil engineering consulting VW & Associates, Inc. dba VIRTEK Company Virgil T. Woolfolk 28087 Juniper Tree Lane Menifee, CA 92585 (800) 844-9182 [email protected] Environmental and Engineering Support Services Watearth, Inc. Jennifer Jill Walker P.O. Box 10194 Houston, TX 77206 (713) 208-9573 [email protected] Water resources engineering and planning Ways2GO (DBA: Ways2GO Consulting) Julie Eldridge 221 S. Fig Street Escondido, CA 92025 (619) 535-5159 [email protected] Transportation planning, sustainability, public outreach, project management WRECO Han Bin Liang 529 South Broadway Court Los Angeles, CA 90013 (925) 941-0017 [email protected] Civil engineering, environmental compliance, geotechnical engineering, and water resources ZMASSOCIATES ENVIRONMENTAL CORP (DBA: Thomas Miller 19800 MacArthur Blvd. IRVINE, CA 92612 (949) 608-9890 [email protected] ZMassociates Environmental Corporation) Environmental consulting business, computer environmental modeling, analysis, studies, research. Human health risk analysis, anir dispersion modeling, toxicology exposure analysis, and expert witness Zuma Engineering and Research GARY WILSON 2236 HILLSBORO AVENUE LOS ANGELES, CA 90034 (310) 738-4653 [email protected] "Engineering and management consulting services - Business Development Training; Business Process Training; Program Management and Execution Training; System Training and Integration Training "

541720 - Research and Development in the Social Sciences and Total: 30 Humanities AMMA Transit Planning HEATHER 393 TWO TREES ROAD RIVERSIDE, CA 92507 (951) 784-1333 [email protected] MENNINGER-MAYE DA Transportation Planning - Transportation Planning - Transit policies and procedures training, staff and agency training, technical assistance, grant writing, project development, contract language and procurement assistance Atwell Consulting Group, LLC ELIZABETH ATWELL 2030 N Poinsettia Street Santa Ana, CA 92706 (714) 550-1267 [email protected] HART Transportation & Environmental Planninig BAE Urban Economics, Inc. Matt Kowta 2600 10TH ST STE 300 BERKELEY, CA 94710 (510) 547-9380 [email protected] Urban and Real Estate Economics Consulting Firm BENETELLUS M. Julie Kim 13700 Marina Pointe Dr. Unit 918 MARINA DEL REY, CA 90292 (213) 949-0525 [email protected] Infrastructure financial consulting Buchanan & Associates Gilbert Buchanan 560 W. Main Street, Suite C#105 ALHAMBRA, CA 91801 (626) 533-1186 [email protected] Contract and labor compliance - Engineering design and How to start a business training, how to develop and grow your existing business training, safety plan development, leadership and supervision training, project management and cost control CANETE MEDINA CONSULTING GROUP INC Isabel J 10 S. Riverside Plaza, Ste. 875 Chicago, IL 60606 (847) 475-8099 [email protected] Canete-Medina Provide transportation and urban planning services, market research, data collection, and data processing, data analytics, GIS and CADD services for private sector and public sector Civic Projects Incorporated KATI RUBINYI 301 BAPTISTE WAY LA CANADA, CA 91011 (626) 493-1159 [email protected]

page 38 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Research, consulting, urban planning, Communications, marketing, graphic design. Cogstone Resource Management, Inc. Sherri Gust 1518 W Taft Avenue Orange, CA 92865 (714) 974-8300 [email protected] Environmental Consulting Estolano LeSar Perez Advisors Cecilia Estolano 448 SOUTH HILL STREET, LOS ANGELES, CA 90013 (213) 612-4545 [email protected] SUITE 618 Public Policy consulting around economic development; transportation; planning; real estate Evitarus, Inc. Rodrego Byerly 2355 Westwood Blvd, #1107 LOS ANGELES, CA 90064 (310) 926-8803 [email protected] Public opinion, mergers and acquisitions Galvin Preservation Associates Inc. dba GPA Andrea Galvin 231 CALIFORNIA STREET EL SEGUNDO, CA 90245 (310) 792-2690 [email protected] Consulting Environmental planning, historic preservation, and biology studies JB Research Company JILL BENSLEY 2564 Jamestown Court OXNARD, CA 93035 (805) 985-7671 [email protected] Marketing and financial feasibility studies Lynn C. Kronzek & Associates (DBA: Lynn C. Lynn Kronzek 3117 N. Naomi St. Burbank, CA 91504 (818) 768-7688 [email protected] Kronzek DBA Lynn C. Kronzek & Associa Intergovernmental and foundation relations for fund development and historical preservation and documentation Madrid Consulting Group, LLC HENRY MADRID 297 MOLINO AVENUE LONG BEACH, CA 90803 (562) 866-3265 [email protected] Economics, urban planning and real estate consulting MAISOON AFANEH ENVIRONMENTAL Maisoon Afaneh 1462 Oldenburg Lane NORCO, CA 92860 (909) 645-3790 [email protected] PLANNING Conduct technical studies and prepare environmental documents and reports for project's approval and delivery Maroon Society, Inc. Aaron Celious 6121 Sunset Blvd. LOS ANGELES, CA 90028 (310) 694-8075 [email protected] Market research and management consulting Metropolitan Research and Economics, Inc. David Bergman 1819 Stanford Santa Monica, CA 90404 (310) 991-9585 [email protected] Urban planning and economic development consulting Morgner Technology Management (DBA: Monique Morgner 5055 Wilshire Blvd. Los Angeles, CA 90036 (323) 900-0030 [email protected] Morgner Construction Management) Lukeman Construction Management, Pre-Construction Surveys, PacRim Engineering Inc (DBA: PacRim Peter Liu 1820 East First Street Santa Ana, CA 92705 (714) 683-0470 [email protected] Engineering, Inc.) Civil engineering consulting services Padilla & Associates, Inc. PATRICIA PADILLA 211 E. CITY PLACE DRIVE SANTA ANA, CA 92705 (714) 973-1335 [email protected] Management consulting, DBE, EEO, PLA labor compliance; multi-disciplined, management-consulting firm specializing in the design, development and implementation of Labor Compliance, Project Labor Agreements (PLA) and Disadvantaged Business Enterprise (DBE) program models, Equal Employment Opportunity (EEO) Non-Discrimination provisions, job training and placement and referral programs, including Local Hire initiatives Perceptive Enterprises, Inc. JOSEPH ADAMS 844 COLORADO BLVD., # 204 LOS ANGELES, CA 90041 (323) 254-5000 [email protected] Labor Compliance and Community Outreach Consulting PETRA PRODUCTS, INC (DBA: PETRA William J. Cook 8555 Aero Drive #206 San Diego, CA 92123 (949) 697-0123 [email protected] RESOURCE MANAGEMENT) Cultural resource management archaeology, paleontology, biology, ethnography, and architectural history research services Pretty Princess Parties Tamaris Massengale 42139 Summer Lane Lancaster, CA 93536 (661) 754-3278 [email protected] Educational support services, customized treatment plans, mobile spa QuinnWilliams, LLC KATHERINE 4212 CAMELLIA AVENUE STUDIO CITY, CA 91604 (703) 786-8646 [email protected] WILLIAMS Public Policy Consulting SHA Analytics, LLC SARA H. AMIRI 443 LEVERING AVE LOS ANGELES, CA 90024 (310) 916-9494 [email protected] Management Consulting (Economic impact studies; cost & financial analysis; risk analysis)

page 39 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Sullivan International, Inc. Babara Sullivan 180 E OCEAN BLVD, LONG BEACH, CA 90802 (562) 590-0512 [email protected] Training, HR Consulting, Program Management, Diversity Programs Sustinere (DBA: Sustinere Consulting) Menka Sethi 2557 Greta Place San Luis Obispo, CA 93405 (510) 205-5944 [email protected] Sustainable development, economic, transportation and land use consulting The Arroyo Group Phillip Burns 16 N Marengo Ave Ste 405 PASADENA, CA 91101 (323) 382-2402 [email protected] City planning, urban design The Wathen Group LLC (DBA: The Wathen Deborah Wathen-Finn 7 TWOMBLY COURT MORRISTOWN, NJ 07960 (973) 998-8080 [email protected] Group) Management consulting, organization, change management, safety and improvement Vandermost Consulting Services, Inc. dba VCS Julie Beeman 30900 RANCHO VIEJO ROAD SAN JUAN CAPISTRANO, CA 92675 (949) 234-6070 [email protected] Environmental (DBA: VCS Environment #100 Environmental, regulatory, compliance consulting

541910 - Marketing Research and Public Opinion Polling Total: 48

AIMTD LLC Olga Polunin 155 N. Riverview Dr. #100 Anaheim, CA 92808 (714) 253-7888 [email protected] Traffic counts data collection and processing Allegra Consulting, Inc. SUZANNE MADISON 129 A North Marengo Avenue PASADENA, CA 91101 (626) 405-4848 [email protected] Marketing, Graphic Design and Consumer Research AMMA Transit Planning HEATHER 393 TWO TREES ROAD RIVERSIDE, CA 92507 (951) 784-1333 [email protected] MENNINGER-MAYE DA Transportation Planning - Transportation Planning - Transit policies and procedures training, staff and agency training, technical assistance, grant writing, project development, contract language and procurement assistance ANIK International Nisha Shah 746 S. Los Angeles St. #607 Los Angeles, CA 90014 (323) 839-2838 [email protected] Temporary Staffing Atkins Research Global, Inc. Kimberly Atkins 4929 Wilshire Blvd. #102 Los Angeles, CA 90010 (323) 933-3816 [email protected] Market research B3 Media Solutions Inc. Myra Bell 5965 Wilbur Ave Tarzana, CA 91356 (818) 430-8969 [email protected] Social media/online market research and analysis Barbic Ward and Associates Louise Barbic 6313 Grant Wood St. Bakersfield, CA 93312 (626) 483-9274 [email protected] Marketing Research, Administrative Services BARRIOS & ASSOCIATES, LLC (DBA: ARIANNA BARRIOS 701 E. Chapman Avenue ORANGE, CA 92866 (949) 215-5539 [email protected] COMMUNICATIONS LAB) Marketing, Communications, public relations Brasfield & Associates Marketing GIOVANNA 1997 E. CANOVA LANE COMPTON, CA 90221 (310) 863-5083 [email protected] BRASFIELD Outreach, Construction Relations, Marketing, Event Management, Program Development and Project Administration Camacho Insights LLC Sarah Camacho 70 S. Hooker St. Denver, CO 80219 (773) 520-1108 [email protected] Organizational strategy, employee engagement consulting, project management, and process improvement training CANETE MEDINA CONSULTING GROUP INC Isabel J 10 S. Riverside Plaza, Ste. 875 Chicago, IL 60606 (847) 475-8099 [email protected] Canete-Medina Provide transportation and urban planning services, market research, data collection, and data processing, data analytics, GIS and CADD services for private sector and public sector Casamar Group, LLC Joseph Garcia 23335 ALAMOS LANE NEWHALL, CA 91321 (661) 254-2373 [email protected] Engineering consulting and contract labor compliance Del Richardson & Associates, Inc. (DRA, Inc) Del Richardson 510 S. La Brea Ave. Inglewood, CA 90301 (310) 645-3729 [email protected] (DBA: Del Richardson & Associates I Right of way, community outreach, relocation

page 40 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

ETA Advertising, Inc. (DBA: ETA Agency) Cynthia Allen 444 W Ocean Blvd LONG BEACH, CA 90802 (562) 499-2305 [email protected] Advertising and marketing Ethnologix Susanna Franek 1330 Coronado Terrace Los Angeles, CA 90026 (213) 413-3011 [email protected] Full service qualitative research firm that specializes in consumer studies among U.S. general market and ethnic population segments Everfield Consulting, LLC Delbara Dorsey 2075 W. 235TH PLACE TORRANCE, CA 90501 (310) 251-7165 [email protected] Marketing consulting services Evitarus, Inc. Rodrego Byerly 2355 Westwood Blvd, #1107 LOS ANGELES, CA 90064 (310) 926-8803 [email protected] Public opinion, mergers and acquisitions Five23 Group Inc (DBA: Lumenor Consulting Bridgette Karra 115 South Smead Court Roswell, GA 30076 (404) 918-9078 [email protected] Group) Business and technology consulting GCAP Services, Inc. (DBA: GCAP Business Edward Salcedo 3525 Hyland Ave, #260 Costa Mesa, CA 92626 (714) 800-1975 [email protected] Solutions) Business and management consulting, including administrative and technical support services, training, outreach marketing, systems assessment and development HAN SONG GROUP, LLC Leslie Winner 3435 WILSHIRE BLVD. LOS ANGELES, CA 90010 (800) 317-2807 [email protected] Communications JB Research Company JILL BENSLEY 2564 Jamestown Court OXNARD, CA 93035 (805) 985-7671 [email protected] Marketing and financial feasibility studies Jungle Communications, Inc. Juan M. Santana 633 West, 5th Street Los Angeles, CA 90071 (213) 246-2332 [email protected] Translation and interpretation, marketing and public outreach services Kandi Reyes & Associates Kandi Reyes 1227 10TH ST. Santa Monica, CA 90401 (310) 451-9780 [email protected] Marketing, public relations KATHERINE PADILLA & ASSOCIATES KATHERINE 440 TAMARAC DRIVE PASADENA, CA 91105 (323) 258-5384 [email protected] PADILLA Community Outreach, Facilitation & Public Relations L D A Consulting Lori Diggins 4711 Spicewood Springs Rd Austin, TX 78759 (202) 548-0205 [email protected] Transportation Consulting Madrid Consulting Group, LLC HENRY MADRID 297 MOLINO AVENUE LONG BEACH, CA 90803 (562) 866-3265 [email protected] Economics, urban planning and real estate consulting Magna Sol Corp. Maria Claudio 16515 Prairie Avenue Lawndale, CA 90260 (310) 218-9908 [email protected] Professional service consulting Maroon Society, Inc. Aaron Celious 6121 Sunset Blvd. LOS ANGELES, CA 90028 (310) 694-8075 [email protected] Market research and management consulting Metropolitan Research and Economics, Inc. David Bergman 1819 Stanford Santa Monica, CA 90404 (310) 991-9585 [email protected] Urban planning and economic development consulting Michelle Kirkhoff Consulting, LLC MICHELLE 1357 EAST BIG BEAR BLVD. BIG BEAR CITY, CA 92314 (909) 534-8767 [email protected] KIRKHOFF Transportation consultant for mobility, air quality, development of programs and projects Mobility Advancement Group Martin Gombert 2202 Pinecrest Drive Altadena, CA 91001 (626) 487-8230 [email protected] Provide transportation consulting Newport Traffic Studies Ashley Cron 1259 Evergreen Wrightwood, CA 92397 (760) 249-4355 [email protected] Traffic data collection Noble Insight, Inc. LaDetra White 2831 Laurelgate Drive Decatur, GA 30033 (770) 309-2395 [email protected] Trainings in Transportation marketing and research, message planning, marketing communications, branding and corporate identiy, direct-to-consumer promotions, collateral design, direct response programs, internal communications programs and package design

page 41 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

P D A Consulting Group, Inc. Pamela Dowell 10603 Rose Circle Cerritos, CA 90703 (562) 461-2133 [email protected] Management Consulting; Community Outreach; Construction Monitoring & Compliance Public Connections Organization (PCO) Sherman Gay 504 Cheriton Drive Carson, CA 90746 (310) 701-5322 [email protected] Public outreach; business development and contract compliance Pulsar Advertising, Inc. Alberto Gonzalez 10940 Wilshire Blvd, Suite 1050 Los Angeles, CA 90024 (323) 302-5101 [email protected] Advertising, Marketing for Transportation Redhill Group, Inc. Mark McCourt 18008 Skypark Circle, #145 Irvine, CA 92614 (949) 752-5900 [email protected] full service market research firm with an in-house call center with computer assisted telephone interviewing; conduct intercept tablet-based surveys, online surveys, focus groups, license plate surveys, executive interviews, geocoding, and mapping. SAESHE (DBA: Saeshe) YOUNG YU 1055 W. 7TH ST., SUITE 2150 LOS ANGELES, CA 90017 (213) 683-2108 [email protected] Advertising, public relations and media buying agency Schenae Rourk (DBA: Resource Solutions of CA) Schenae Rourk 6425 GREEN VALLEY CIR CULVER CITY, CA 90230 (310) 356-7619 [email protected] Strategic marketing consulting, video with drone services, capacity building, technical assistance, data analysis, polling and labor and contract compliance, public relations and stakeholder engagement SocialQuest, Inc. Monica Torres 5657 St. Clair Avenue Valley Village, CA 91607 (818) 755-9091 [email protected] Marketing consulting & translation Sumire Gant Consulting Sumire Gant 2234 N. Bellflower Blvd. #15021 Long Beach, CA 90815 (562) 397-7849 [email protected] Transportation planning governmental affairs and outreach T&T Public Relations, Inc (DBA: T&T Public ENEIDA TUCKER 23223 DOBLE AVENUE TORRANCE, CA 90502 (213) 232-1124 [email protected] Relations) Public relations; marketing consulting services; marketing research The Robert Group, Inc. CHRISTINE ROBERT 3108 LOS FELIZ BLVD. LOS ANGELES, CA 90039 (323) 669-9300 [email protected] Community Outreach The Society Nineteen Group Lela C. Thompson 7430 Arizona Avenue Los Angeles, CA 90045 (310) 645-8823 [email protected] Public relations, strategic marketing, project management TSG Enterprises Inc. (DBA: The Solis Group) Terry Solis 131 N. El Molino Ave. Pasadena, CA 91101 (626) 685-6989 [email protected] Management & Construction Management Consulting Virtegic Group, Inc. Sherman Hamilton 240 S. Monaco Parkway Denver, CO 80224 (303) 377-0873 [email protected] Marketing and media management agency Ways2GO (DBA: Ways2GO Consulting) Julie Eldridge 221 S. Fig Street Escondido, CA 92025 (619) 535-5159 [email protected] Transportation planning, sustainability, public outreach, project management Wilson, Sparling & Associates, Inc. Daniel Carter Sparling 30900 Ranch Viejo Road, Suite San Juan Capistrano, CA 92675 (949) 218-1850 [email protected] 155 Marketing, communications, public outreach, marketing research

541910 - Marketing research services; Marketing Research and Total: 2 Public Opinion Polling CASTRO PETERSEN INC dba Creative Deborah Castro 5030 E 2nd Street Long Beach, CA 90803 (562) 985-1363 [email protected] Productions (DBA: CREATIVE PRODUCTIONS) Integrated marketing, digital and media agency T. A. Group Ayahlushim 550 S. Hope Street Suite 700 Los Angeles, CA 90071 (213) 325-3072 [email protected] Getachew Community outreach, real estate property management, compliance, and collections

541990 - All Other Professional, Scientific, and Technical Services Total: 70

ACCURATE VIDEO COUNTS INC. (DBA: Accurate RADHIKA Nampally 11135 Melton Court San Diego, CA 92131 (619) 987-5136 [email protected] Video Counts Inc.) Traffic count services

page 42 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

AFSHA Consulting, Inc. Khatereh Afshar 101 SANCTUARY IRVINE, CA 92620 (949) 333-3831 [email protected] Transportation Planning, Traffic Operation & GIS Aguirre Project Resources LLC Charles Aguirre 4606 FM 1960 Rd. W Houston, TX 77069 (214) 552-5172 [email protected] Construction cost consulting AIRFLOW CREATIONS CORP. dba AIRFLOW Giovanni Castilhos 10220 Culver Blvd #202A Culver City, CA 90232 (310) 936-1364 [email protected] CREATIONS Unmanned aerial photography mapping and surveying services Analyzer International Inc. Eng YEONG 277 Downs Road Tustin, CA 92782 (925) 325-1838 [email protected] Construction management and inspection support ArchaeoPaleo Resource Management, Inc. (DBA: Robin D Turner 1531 Pontius Ave. Suite 200 Los Angeles, CA 90025 (424) 248-3316 [email protected] ArchaeoPaleo Resources Management, Environmental Consulting, Archaeology and Paleontology Surveying, Monitoring, Excavation & Reporting Armand Resource Group, Inc Gregory A Jenifer 300 Frank W Burr Blvd #35 Teaneck, NJ 07666 (201) 357-8725 [email protected] Diversity, outreach compliance monitoring consulting Arrow Inspections & Testing, Inc. CARLOS SANTANA 6515 SOMERSET BLVD. PARAMOUNT, CA 90723 (562) 634-0503 [email protected] Inspections, painting and hazard waste, construction AVS Consulting, Inc. Arthur Sohikian 1055 W. 7th St. Los Angeles, CA 90017 (213) 629-4287 [email protected] Public Affairs, Govermental Affairs, Land-Use Entitlement BA Inc. (DBA: BA, Inc.) Hope Bullock 800 W. 6TH ST. #400 LOS ANGELES, CA 90017 (213) 622-2100 [email protected] Project Management; Design Build; Engineering BENETELLUS M. Julie Kim 13700 Marina Pointe Dr. Unit 918 MARINA DEL REY, CA 90292 (213) 949-0525 [email protected] Infrastructure financial consulting Beyaz & Patel, Inc. Subhash Beyaz 10920 Via Frontera San Diego, CA 92127 (858) 451-0374 [email protected] Engineering (structural) consulting BTI APPRAISAL Ben Tunnell 605 West Olympic Blvd. Suite LOS ANGELES, CA 90015 (213) 532-3800 [email protected] 820 Appraisal services C & M Associates, Inc. (DBA: C & M Associates, Carlos M. Contreras 15770 North Dallas Parkway, Ste. Dallas, TX 75248 (916) 760-7418 [email protected] Inc) 870 Traffic and revenue forecasting for tolled facilities CAPO PROJECTS GROUP, LLC Greg Mcfarlane 30200 Rancho Viejo Rd SAN JUAN CAPISTRANO, CA 92675 (949) 281-6251 [email protected] Construction project scheduling, and claims and controls management services CivilEarth PETER MENG 17390 Drake Street Yorba Linda, CA 92886 (714) 312-6568 [email protected] Engineering services & construction management; provider of modular buildings; provider of Desktop Application Development, Mobile Application Development, and Web based Application development. Cogstone Resource Management, Inc. Sherri Gust 1518 W Taft Avenue Orange, CA 92865 (714) 974-8300 [email protected] Environmental Consulting CWE dba California Watershed Engineering Jason Pereira 1561 E. ORANGETHORPE FULLERTON, CA 92831 (714) 526-7500 [email protected] Corp. AVENUE Engineering, watershed management, design, support services Dabri, Inc. Ravinder Kaur 1321 Palm Avenue Martinez, CA 94553 (925) 313-9237 [email protected] Consulting services - engineering, design and construction management Del Richardson & Associates, Inc. (DRA, Inc) Del Richardson 510 S. La Brea Ave. Inglewood, CA 90301 (310) 645-3729 [email protected] (DBA: Del Richardson & Associates I Right of way, community outreach, relocation Destination Enterprises, Inc. MARCY SZARAMA 11940 HAMMACK STREET CULVER CITY, CA 90230 (310) 439-2655 [email protected] Construction management consulting

page 43 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL

Dynamic Engineering Services, Inc. CHIA-CHI WANG 27395 ECHO CANYON COURT CORONA, CA 92883 (951) 471-8890 [email protected] Architecture and engineering consulting services and administrative support services Earth Consultants International Inc. (DBA: Earth Eldon Gath 1642 East Fourth Street SANTA ANA, CA 92701 (714) 544-5321 [email protected] Consultants International) Geological and seismic consulting services ECONORTHWEST John Tapogna 222 SW Columbia Street Portland, OR 97201 (503) 222-6060 [email protected] Economics, finance, and planning Elham Shirazi Elham Shirazi 8818 Harratt Street West Hollywood, CA 90069 (424) 278-1471 [email protected] Transportation Planning Consulting ELLE CONSULTANTS Jacinta Lashae 1536 Barcelona Drive El Dorado Hills, CA 95762 (415) 341-3348 [email protected] Badelita Program/project cost control, forecasting and estimating services EQS Consultants, Inc. ASOKA 373 AVIATOR LANE TUSTIN, CA 92782 (949) 648-0823 [email protected] SELLAHEWA Construction Estimating FCG CONSULTANTS INC Maha Fakhouri 22885 Savi Ranch Pkwy. Yorba Linda, CA 92887 (714) 312-0317 [email protected] Project management, contract administration Gabrieleno Band of Mission Indians LLC Andrew Salas 910 N. Citrus Ave Covina, CA 91722 (844) 390-0787 [email protected] Native American tribal and historical consulting Gaia Development, LLC Ryan McEvoy 181 CULVER BLVD. Playa Del Rey, CA 90293 (310) 591-8172 [email protected] Green building consulting services Geospatial Professional Solutions, Inc. (DBA: Maria Alicia Ramos 3151 AIRWAY AVENUE G2 COSTA MESA, CA 92626 (949) 459-3052 [email protected] GPSI) Aerial survey and mapping, photogrammetry, CADD and GIS services Hood Transportation Consulting Jeffrey Hood 7722 SE 15th Ave. Portland, OR 97202 (503) 477-4338 [email protected] Travel demand forecasting and transportationplanning technical and scientific consulting services HRemedy, Inc. Intekhab Shaik 9018 Balboa Blvd. #534 Northridge, CA 91325 (818) 464-4550 [email protected] Human resources services, payroll services, alternate dispute resolution services, and HR investigative services Information Design Consultants, Inc. Debra Hunter 222 W. 6TH STREET SAN PEDRO, CA 90731 (888) 432-4373 [email protected] Information design consulting Interactive Elements, Inc. Susan Gilbert 60 W 55TH ST NEW YORK, NY 10019 (212) 490-9090 [email protected] Public transportation consulting services Interactive Elements, Inc. Susan Gilbert 60 W 55TH ST NEW YORK, NY 10019 (212) 490-9090 [email protected] Transportation consulting services; public affairs, safety, training and compliance audits Jacobus & Yuang, Inc. Jacobus Malan 333 N. Lantana St. Suite 285 Camarillo, CA 93010 (213) 688-1341 [email protected] Construction Cost Estimating Services Jennillian Corporation BARON GREY 16222 KEATS CIRCLE WESTMINSTER, CA 92683 (714) 841-0944 [email protected] Information Technology Support Services Kizh Nation Resources Management Andrew Salas 910 N. Citrus Ave Covina, CA 91722 (626) 521-5827 [email protected] Environmental consulting for cultural, natural and palenotological LRG Services Inc. Lisa Gardner 207 42nd Street Manhattan Beach, CA 90266 (972) 965-5390 [email protected] Consulting human resources, compliance for EEO and subcontracting Matsumoto Consulting LLC Terry Matsumoto 3381 MANNING COURT LOS ANGELES, CA 90064 (310) 488-2994 [email protected] Financial and administrative management consulting

page 44 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Miceli Infrastructure Consulting, LLC Marybeth Miceli 11539 NATIONAL BLVD. LOS ANGELES, CA 90064 (310) 954-9354 [email protected] Newton Business development services for technology firms; write scopes of work for bridge owners Owen Group, Inc. Michael Chegini 811 WILSHIRE BLVD Suite 1050 LOS ANGELES, CA 90017 (213) 873-4700 [email protected] Construction Management, engineering design Pacific Coast Locators, Inc. Don Greenman 2606 Foothill Blvd., Suite G LA CRESCENTA, CA 91214 (818) 249-7700 [email protected] Locating Underground Utility Lines PacRim Engineering Inc (DBA: PacRim Peter Liu 1820 East First Street Santa Ana, CA 92705 (714) 683-0470 [email protected] Engineering, Inc.) Civil engineering consulting services Padilla & Associates, Inc. PATRICIA PADILLA 211 E. CITY PLACE DRIVE SANTA ANA, CA 92705 (714) 973-1335 [email protected] Management consulting, DBE, EEO, PLA labor compliance; multi-disciplined, management-consulting firm specializing in the design, development and implementation of Labor Compliance, Project Labor Agreements (PLA) and Disadvantaged Business Enterprise (DBE) program models, Equal Employment Opportunity (EEO) Non-Discrimination provisions, job training and placement and referral programs, including Local Hire initiatives QS Requin Corporation (DBA: Q S Requin Alexia Nalewaik 530 SOUTH LAKE AVENUE PASADENA, CA 91101 (213) 399-1373 [email protected] Corporation) #926 Construction cost management and audit Ramos Consulting Services, Inc. Armando Ramos 2275 Huntington Drive #448 San Marino, CA 91108 (626) 905-4888 [email protected] Engineering Consulting Ricardo Hinojos (DBA: RH Construction Ricardo Hinojos 13225 N Fountain Hills Blvd, Apt. Fountain Hills, AZ 85268 (602) 323-4363 [email protected] Specialties) # 309 Professional services; construction management consulting Scott W. Pauli Worldwide Enterprises Scott Pauli 444 E. Huntington Dr. #216 Arcadia, CA 91006 (626) 657-0521 [email protected] IT Consulting SCST, Inc. Neal Clements 6280 Riverdale Street San Diego, CA 92160 (619) 280-4321 [email protected] Geotechnical Engineering, Materials Testing SEC LLC Jay Tourgoutian 9003 Reseda Blvd, Suite #202 Northridge, CA 91324 (424) 248-9910 [email protected] Construction management SRK Engineering SHERRY 4010 MORENA BLVD SAN DIEGO, CA 92117 (909) 456-5164 [email protected] KIRKPATRICK Engineering and Construction Contracting & Management Sumire Gant Consulting Sumire Gant 2234 N. Bellflower Blvd. #15021 Long Beach, CA 90815 (562) 397-7849 [email protected] Transportation planning governmental affairs and outreach SUN MOUNTAIN LLC (DBA: Sun Mountain) Michael Elmore 1475 N. Broadway Avenue, Ste. WALNUT CREEK, CA 94596 (925) 472-0252 [email protected] 430 Project management, program management, document analysis and scheduling, cost accounting and utility relocations research and planning Sutra Research dba Sutra Research & Analytics TRACY MANZO 2801 B Street, 180 SAN DIEGO, CA 92102 (619) 722-0290 [email protected] Transportation technology and systems engineering; organizational consulting T J K M Nayan Amin 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 (925) 463-0611 [email protected] Civil and traffic engineering services TEC Management Consultants, Inc. Pamela Coffey 510 S La Brea Avenue Inglewood, CA 90301 (800) 509-1542 [email protected] Construction & Construction Management The "G" Crew (DBA: G Crew, The) Genevieve Pacana 225 East Broadway Glendale, CA 91205 (818) 240-4157 [email protected] Inspection, construction management & project support services The Fabular Group, LLC Irma Fabular 15242 Maple Grove Lane San Diego, CA 92131 (619) 869-6243 [email protected] Management solutions: IT strategic, operational plans, and organizational support services The Robert Group, Inc. CHRISTINE ROBERT 3108 LOS FELIZ BLVD. LOS ANGELES, CA 90039 (323) 669-9300 [email protected]

page 45 of 46 FIRM CONTACT ADDRESS CITY, STATE ZIP PHONE EMAIL Community Outreach Thomson Consulting Barbara Thomson 8002 Winston Road Philadelphia, PA 19118 (917) 687-5298 [email protected] Transportation consulting; program management; procurement; environmental and labor. Titan Environmental Solutions, Inc. Robert Menald 1521 EAST ORANGETHORPE FULLERTON, CA 92831 (888) 948-4826 [email protected] AVENUE, SUITE B Environmental Consulting Services Triad Consulting & System Design Group, LLC Gregory Brandon 2925 MIRA VISTA WAY CORONA, CA 92881 (949) 943-9422 [email protected] Security and electronic systems consulting and design services Trifiletti Consulting, Inc. Lisa Trifiletti 1541 Wilshire Blvd., Suite 560 Los Angeles, CA 90017 (310) 738-2099 [email protected] Land use planning, environmental clearances, entitlements, public outreach and governmental affairs UltraSystems Environmental, Inc. Betsy Lindsay 16431 Scientific Way Irvine, CA 92618 (949) 788-4900 [email protected] Environmental Consulting Utility Specialists California, Inc. Jeffrey Hamen 4429 MORENA BLVD SAN DIEGO, CA 92117 (858) 581-2250 [email protected] Dry Utility Project Management Services and Consulting Value Sustainability Salem Afeworki 421 Bernard Street, Apt 123 Costa Mesa, CA 92626 (510) 701-7056 [email protected] Consulting climate change, sustainability and community engagement VW & Associates, Inc. dba VIRTEK Company Virgil T. Woolfolk 28087 Juniper Tree Lane Menifee, CA 92585 (800) 844-9182 [email protected] Environmental and Engineering Support Services Wiltec MOSES WILSON 596 N. LAKE AVE. PASADENA, CA 91101 (626) 564-1944 [email protected] Traffic data collection

Grand Total of Counts :865

page 46 of 46 LIST OF CERTIFIED DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) FIRMS (DISCLAIMER)

METRO GA18-54 LOI SUPPL (FEDERAL) RFIQ NO. PS54330 1-17 PRO FORM 031B ISSUED: 06.06.18 REVISION DATE: 01.11.16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 NAME EMAIL FIRST LAST PHONE Address City State Zip Architectural Services BRANDT GROUP, INC. [email protected] Robert Lange 949/644-8229 17 CORPORATE PLAZA #200NEWPORT BEACHCA 92660 CHRISTOPHER GERBER Christopher Gerber 858/354-8692 2104 CROWNHILL RD SAN DIEGO CA 92109-1422 DENNIS K DOOLEY [email protected] Dennis Dooley 530/273-4166 10200 OMEGA WAY GRASS VALLEY CA 95949 DV DESIGN INC [email protected] James Hernandez 760/738-8608 240 N MARKET PLACE ESCONDIDO CA 92029 ERIC DAVY ARCHITECTS APC [email protected] Eric Davy 619/238-3811 1053 10th Avenue SAN DIEGO CA 92101 FLANDERS ARCHITECTURAL CONSULTING [email protected] Allen Flanders 619/993-3608 11717 SCRIPPS CAPE VISTASAN POINTE DIEGO CA 92131 FREYTAG & ASSOCIATES LLC [email protected] John Freytag 949/500-1853 2169 LOGGIA NEWPORT BEACHCA 92660 GRECO MECHANICAL [email protected] John Greco 530/919-2104 4001 UNIONTOWN ROAD LOTUS CA 95651 HALBERT CONSTRUCTION CO INC [email protected] Jimmy Benavente 619/593-3527 1360 N. Magnolia Ave. EL CAJON CA 92020 ILLUMINATION SYSTEMS INC [email protected] Mark Chapman 909/717-3877 24215 MIMOSA DR LAGUNA NIGUEL CA 92677 JOHN VALLE & ASSOCIATES [email protected] John Valle 949/916-2013 25181 RIVENDELL DRIVE LAKE FOREST CA 92630-4143 JOSEPH M MATTINGLY AIA ARCHITECT [email protected] Joseph Mattingly 707/235-2067 1182 ROCHIOLI DR WINDSOR CA 95492 M&M DESIGN AND DRAFTING [email protected] Ron Miller 760/525-0469 PO Box 2078 CARLSBAD CA 92018 MCCASLIN & ASSOCIATES ARCHITECTS, INC. Steven McCaslin 424/254-9280 20695 S. Western Ave., SuiteTorrance 204 CA 90501 Michael Leighton, Architect, AIA Limited Liability Partnership Michael Leighton 916/500-8424 3568 Leonardo Way El Dorado Hills CA 95762 MICHAEL MERINO ARCHITECTS [email protected] Michael Merino 7142889788 5830 E INDIGO CT ORANGE CA 92869 PHILIP HENRY ARCHITECTURE [email protected] Philip Henry 510/526-7904 1840B ALCATRAZ AVENUE BERKELEY CA 94703 PIERCE/COOLEY ARCHITECTS [email protected] Les Cooley 949/399-0878 11871 GONSALVES ST. CERRITOS CA 90703 THE 111TH GROUP INC [email protected] Patrick Belanger 408/315-1943 13025 MURPHY AVE. SAN MARTIN CA 95046 WILLIAM A PORTER William Porter 415/885-4840 PO BOX 422888 SAN FRANCISCO CA 94142-2888 Urban Planning Services BRANDT GROUP, INC. [email protected] Robert Lange 949/644-8229 17 CORPORATE PLAZA #200NEWPORT BEACHCA 92660 CHRISTOPHER GERBER Christopher Gerber 858/354-8692 2104 CROWNHILL RD SAN DIEGO CA 92109-1422 DENNIS K DOOLEY [email protected] Dennis Dooley 530/273-4166 10200 OMEGA WAY GRASS VALLEY CA 95949 DV DESIGN INC [email protected] James Hernandez 760/738-8608 240 N MARKET PLACE ESCONDIDO CA 92029 ERIC DAVY ARCHITECTS APC [email protected] Eric Davy 619/238-3811 1053 10th Avenue SAN DIEGO CA 92101 FLANDERS ARCHITECTURAL CONSULTING [email protected] Allen Flanders 619/993-3608 11717 SCRIPPS CAPE VISTASAN POINTE DIEGO CA 92131 NEWPORT FREYTAG & ASSOCIATES LLC [email protected] John Freytag 949/500-1853 2169 LOGGIA BEACH CA 92660 GRECO MECHANICAL [email protected] John Greco 530/919-2104 4001 UNIONTOWN ROAD LOTUS CA 95651 HALBERT CONSTRUCTION CO INC [email protected] Jimmy Benavente 619/593-3527 1360 N. Magnolia Ave. EL CAJON CA 92020 ILLUMINATION SYSTEMS INC [email protected] Mark Chapman 909/717-3877 24215 MIMOSA DR LAGUNA NIGUEL CA 92677 JOHN VALLE & ASSOCIATES [email protected] John Valle 949/916-2013 25181 RIVENDELL DRIVE LAKE FOREST CA 92630-4143 JOSEPH M MATTINGLY AIA ARCHITECT [email protected] Joseph Mattingly 707/235-2067 1182 ROCHIOLI DR WINDSOR CA 95492 M&M DESIGN AND DRAFTING [email protected] Ron Miller 760/525-0469 PO Box 2078 CARLSBAD CA 92018 MCCASLIN & ASSOCIATES ARCHITECTS, INC. Steven McCaslin 424/254-9280 20695 S. Western Ave., SuiteTorrance 204 CA 90501 Michael Leighton, Architect, AIA Limited Liability Partnership Michael Leighton 916/500-8424 3568 Leonardo Way El Dorado Hills CA 95762 MICHAEL MERINO ARCHITECTS [email protected] Michael Merino 7142889788 5830 E INDIGO CT ORANGE CA 92869 PHILIP HENRY ARCHITECTURE [email protected] Philip Henry 510/526-7904 1840B ALCATRAZ AVENUE BERKELEY CA 94703 PIERCE/COOLEY ARCHITECTS [email protected] Les Cooley 949/399-0878 11871 GONSALVES ST. CERRITOS CA 90703 THE 111TH GROUP INC [email protected] Patrick Belanger 408/315-1943 13025 MURPHY AVE. SAN MARTIN CA 95046 WILLIAM A PORTER William Porter 415/885-4840 PO BOX 422888 SAN FRANCISCO CA 94142-2888 Engineering Services 3140 Peacekeeper Way 2020VET [email protected] Erica Courtney 202/838-1022 Ste. 101 McClellan CA 95652

Page 1 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 4 GRANITE INC [email protected] Joe Webb 760.403.3376 1320PO BOX YNEZ 1564 PLACE, UNIT APPLE VALLEY CA 92307 ADV-SOC INC [email protected] John Gianos 619/495-6069 5959180654 MISSION GORGE CORONADO CA 92118 AHRENS MECHANICAL [email protected] Gregory Ahrens 619/487-9036 ROAD #204 SAN DIEGO CA 92120 ALGERINE WEST CONSTRUCTION [email protected] Montgomery West 209/984-1883 11480 ALGERINE RD JAMESTOWN CA 95327 ALTA VISTA SOLUTIONS [email protected] Michael Cook 510-594-0510 3260 BLUME DRIVE RICHMOND CA 94806 ALTON BUILDERS, INC. [email protected] Joseph Finneran 949/428-7600 86983525 ELKHyland GROVE Ave BLVD Costa Mesa CA 92626 AMERIT CONSULTING INC [email protected] Gary Herbold 925-708-9042 3685STE 1 MT DIABLO BLVD ELK GROVE CA 95624-3300 ANCHOR ENGINEERING INC [email protected] Bisa Grant 925/385-0950 STE 345 LAFAYETTE CA 94549 ANTIOCH PAVING CO INC [email protected] Richard Allison 925/757-0123 PO BOX 1669 ANTIOCH CA 94509 ANZA VALLEY NETWORKS, INC. [email protected] Christopher Oneil 951/326-0467 262 CANDERA LN SAN MARCOS CA 92069 ASSOCIATEDARDENT GENERAL INFRASTRUCTURE INC [email protected] James Myers 559/492-3969 2960 Burl Ave FRESNO CA 93727 MANAGEMENT SERVICES, INC [email protected] Donald Wimberly 408/930-4066 P O BOX 800 LOS GATOS CA 95031 AUDIO ASSOCIATES OF SAN DIEGO [email protected] Sundi Browne 619/461-9445 1497 JAYKEN WAY CHULA VISTA CA 91911-4680 AVECS, INC. Sean Rafiei 949/266-4489 829 Marconi St. Montebello CA 90640 AXL GROUP, INC. [email protected] John Bartholomew 760/494-7296 424 PUEBLA ST. ENCINITAS CA 92024 B & D INSPECTION SERVICES, INC [email protected] Bradley Stene 619/985-0902 57001763 STONERIDGEADRIAN CT MALL ALPINE CA 91901-2969 BAY AREA CONSTRUCTION INC [email protected] Jeff Pinkston 925.454.3500 31500RD STE GRAPE 390 ST SUITE PLEASANTON CA 94588 BECDEL [email protected] Marlene Becker 619/804-4891 #444 LAKE ELSINORE CA 92532 BENTLEY CONSTRUCTION GROUP INC [email protected] Ernest Lynnwood 805/647-0748 240 FORD AVE VENTURA CA 93003 BIRDSEYE CONSULTING GROUP LLC [email protected] John Hunt 530/676-1596 2528 ALMERIA DR CAMERON PARK CA 95682 BONITA PIPELINE INC [email protected] Francisco Marquez 619/434-9801 140 N Glover Avenue Chula Vista CA 91910 BREAKAWAYBOOKOUT AND ENGINEERING ASSOCIATES, SERVICES INC. AND [email protected] Charles Bookout 7072082347 10405405 PALOSMILAGRO VERDES DRIVE REDONDOBAKERSFIELD CA 93307 TECHNOLOGY [email protected] Joseph Salus 713/826-6473 BLVD BEACH CA 90277 C & W DIVING SERVICES INC [email protected] Bill Harju 619/474-2700 32003561 E.Dalbergia GUASTI StRD., STE. San Diego CA 92113 C2I (COMPENDIUM INTERNATIONAL, INC.) [email protected] Mohamood Entezar 949/433-5073 100 ONTARIO CA 91761 CASAMAR GROUP LLC [email protected] Joseph Garcia 661/254-2373 23335 Alamos Lane ELNEWHALL DORADO CA 91321 CASTRO INTERNATIONAL CONSULTING, INC [email protected] Fidel Castro 916/580-7214 3568 MILFORD CIRCLE HILLS CA 95762 CBL PROFESSIONAL SERVICES [email protected] Charles Capp 925/250-2072 479 MASON ST STE 301 VACAVILLE CA 95688 CERTIFIED INSPECTION SERVICES [email protected] Erwin Backman 925/989-2524 3267 KEVIN COURT PLEASANTON CA 94588 Choice Builder Solutions [email protected] Min (Ben) Choi 310/920-2783 1751717831 FABRICALone Ranger WY TrailSTE Chino Hills CA 91709 CHOICE TECHNICAL SERVICES INC [email protected] Rudy Reisender 714/522-8123 "A" CERRITOS CA 90703 CLANCYJG INTERNATIONAL [email protected] Donald Rhea 661-886-8557 42529 8TH STREET EAST LANCASTER CA 93535 CONVERSE CONSTRUCTION INC [email protected] Leslie Converse 530/378-5591 20553 SUNSET LN REDDING CA 96002 CREAGER CORPORATION [email protected] James Creager 213/399-9392 15007 SUTTON STREET SHERMAN OAKS CA 91403 CRESTPOINT SOLUTIONS INC [email protected] O Fabomi Ojuola 925/828-6005 PO Box 10367 PLEASANTON CA 94588 CRYSTALLOGY CONSULTING INC [email protected] Crystal Xie 310/383-5133 225 S SHAMROCK AVE MONROVIA CA 91016 DANIEL R ARGUELLO [email protected] Daniel Arguello 626.833.8968 5563029 N EVA DIAMOND TERRACE BAR LOS ANGELES CA 90031-2102 DAV-LEAR SYSTEMS INC [email protected] David Dixon 909/861-1219 BLVD STE 302 DIAMOND BAR CA 91765 DBE SURVEYING [email protected] JOSE CASANOVA 949/678-1303 1425 DAWSON AVE LONG BEACH CA 90804 DENNIS K DOOLEY [email protected] Dennis Dooley 530/273-4166 10200 OMEGA WAY GRASS VALLEY CA 95949 DIAMONDPACIFIC CONSTRUCTION INC. [email protected] Gregg Torwick 619/654-8376 6051 AMARILLO AVE. LA MESA CA 91942-2724 DICK MILLER INC [email protected] Glen Bullock 760/471-6842 930 BOARDWALK STE H MORENOSAN MARCOS CA 92078 DVBE ASAP INC. [email protected] Anselmo Ybarra 951/229-5952 28840 BAY AVE. VALLEY CA 92555

Page 2 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 E.C. SMITH, INC. [email protected] Lawrence Elkins 530/378-2152 3111P.O. BOX CAMINO 1105 DEL RIO ANDERSON CA 96007 EM NORTON ENTERPRISES INC [email protected] William Schlichter 760/445-6323 41625NORTH, ENTERPRISE SUITE 400 SAN DIEGO CA 92108 ENGEN CORPORATION [email protected] Wayne Baimbridge 951/296-3511 CIRCLE SOUTH, B-2 TEMECULA CA 92590-4837 ETHICAL PERSONNEL SERVICES INC [email protected] Rondia Moss 619/445-0029 P O BOX 296 ALPINE CA 91903 FORCE 77 ENGINEERING AND CONSULTING Joshua Reece 619/892-3735 108093712 TICONDEROGA DAKOTA RANCH ST. SAN DIEGO CA 92117 FortunaFORTITUDE Business E&C, INC.Management Consulting, [email protected] Dallas Poore 619/804-8180 3140RD. Peacekeeper Way SANTEE CA 92071 Inc. [email protected] Jack Smith 916/459-0991 #101 McClellan CA 95652 FRYMAN MANAGEMENT, INC. [email protected] Ross Fryman 949 4815211 23681226 EASTMANPUERTA DEL AVE SOL STE SAN CLEMENTE CA 92673 GAVULA ENGINEERING CORPORATION [email protected] Robert Gavula 805/644-8822 5 VENTURA CA 93003-5770 GECMS, INC [email protected] Bruce Giron 510-912-4206 1650 ALCATRAZ AVE BERKELEY CA 94703 GLOBAL SIGNALS GROUP, INC. [email protected] Randall Bird 971/221-3818 18862908 Fesler SUTTER Street CREEK El Cajon CA 92020 GRANDMAS USA INC [email protected] Nathaniel Aragon 562/334-5472 3225DRIVE REGIONAL WALNUT CA 91789 GRAULING RESEARCH INCORPORATED [email protected] Tatiana Atkinson 707/687-9577 3350PARKWAY SCOTT BLVD BLDG SANTA ROSA CA 95403 GREGORY P LUTH & ASSOCIATES INC [email protected] Shilin Jiang 408/654-0475 48 SANTA CLARA CA 95054 HALBERT CONSTRUCTION CO INC [email protected] Jimmy Benavente 619/593-3527 32011360 AirparkN. Magnolia Drive, Ave. Ste EL CAJON CA 92020 HERRERA ENGINEERING [email protected] Jacobo T. Herrera 805/347-2771 5114209 E CLINTON WY STE SANTA MARIA CA 93455-1073 HIGHLANDS DIVERSIFIED INC [email protected] Leonel Alvarado 559/455-1700 111 FRESNO CA 93727 HOFFMANHIRE GREEN MANAGEMENT LLC & [email protected] Steve Hilgemann 760 438 9144 2720 Loker Ave West Carlsbad CA 92010 CONSTRUCTION CORP. [email protected] Henry Hoffman 323/859-3430 2301 E. 7TH ST., D116 LOS ANGELES CA 90023 HORIZON ENVIRONMENTAL INC. [email protected] Gary Barker 916/939/2170 3050PO BOX FITE 5283 CIRCLE SUITE BAKERSFIELD CA 93388 HSB SOLUTIONS INC [email protected] Chad Hodges (916) 549-8876 112 SACRAMENTO CA 95827 INTELLIGENTHUGH E SCHALL TECHNOLOGY INTEGRATION [email protected] Hugh Schall 415/637-2116 210 CLUB DRIVE NOVATO CA 94945 SOLUTION LLC [email protected] Larry Broussard 323/348-4900 5348 CRENSHAW BLVD LOS ANGELES CA 90043 INTERACT COMPUTING ENTERPRISE [email protected] Otis Walker 626/617-4640 1341 S. GOLDEN VISTA WEST COVINA CA 91791 J R CONKEY & ASSOCIATES INC [email protected] Diane Peterson 916/783-3277 1746735 SUNRISE S ORANGE AVE GROVE STE 200 ROSEVILLE CA 95661-4568 JASZ CO INC [email protected] Jerry Smith 323/857-1727 257AVE E. BELLEVUE RD PMB LOS ANGELES CA 90019 JIM BRISCO ENTERPRISES INC [email protected] George Morrow 209/761-2617 1022#280 WESTCHESTER ATWATER CA 95301 JL SKYE, INC. [email protected] Joseph Depaul 707/631-3292 COURT FAIRFIELD CA 94533 JOHN VALLE & ASSOCIATES [email protected] John Valle 949/916-2013 25181 RIVENDELL DRIVE MOKELUMNELAKE FOREST CA 92630-4143 JOHN W HERTZIG [email protected] John Hertzig 209/286-1234 27309267 WE HWY TREGALLAS 26 RD HILL CA 95245-9618 KATIN ENGINEERING CONSULTING [email protected] Bob Katin 925/755-1150 UNIT 4727 ANTIOCH CA 94531 KEVCON INC [email protected] Kev Kutina 760/432-0307 13389295 Trade FOLSOM Street BLVD STE San Marcos CA 92078 KMW BUSINESS SERVICES LLC [email protected] MICHAEL TRYNOR 775-230-4608 9636300-333 TIERRA GRANDE FOLSOM CA 95630 KOCHUR TRUMMER CORPORATION [email protected] Frederick Trummer 619/203-6289 ST., STE 104 SAN DIEGO CA 92126-6502 M&M DESIGN AND DRAFTING [email protected] Ron Miller 760/525-0469 PO Box 2078 CARLSBAD CA 92018 MACDONALD-BEDFORD LLC [email protected] James Bedford 510/521-4020 2900 MAIN ST STE 200 ALAMEDA CA 94501-7522 MARCUS H BOLE & ASSOCIATES [email protected] Marcus Bole 530/633-0117 104 BROCK DR WHEATLAND CA 95692 MARNE CONSTRUCTION INC [email protected] Steven McKeon 714/935-0995 749 N POPLAR ST ORANGE CA 92868 MAXIMIZE COMMUNICATION GROUP INC [email protected] Ken Davis 909/724-4093 301 Ninth Street Redlands CA 92374 MOORE TWINING ASSOCIATES INC [email protected] Harry Moore 559/268-7021 11963PO BOX CYPRESS 1472 VALLEY FRESNO CA 93716 MOTT ENGINEERING [email protected] Orland Mott 760/214-4529 300DRIVE S. FIRST STREET, SAN DIEGO CA 92131 O'CONNORNSI ENGINEERING, CONSTRUCTION INC. [email protected] Laura Uden 408/316-4241 SUITE 300G SAN JOSE CA 95113 MANAGEMENT, INC. [email protected] Ciaran O'Connor 949/476-2094 8851 RESEARCH DR IRVINE CA 92618

Page 3 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

2710 LOKER AVE WEST Run Date: 6/4/2018 O'DAY CONSULTANTS INC [email protected] Pat O'Day 760/931-7700 STE 100 CARLSBAD CA 92010-6609 OMNI2MAX INC [email protected] Allen Maxwell 619/255-9344 1202 Morena Blvd San Diego CA 92110 PACIFIC POWER ENGINEERS INC [email protected] Derek Stewart 916/817-9734 9848 Business Park Drive Sacramento CA 95827 PACIFICSERV ENGINEERING INC [email protected] Ronnie Jones 310/513-6209 2192 MARTIN STE 230 SANIRVINE LUIS CA 92612 PAC-WEST GENERAL [email protected] Eric Newton 805/541-1876 PO BOX 3260 OBISPO CA 93403 PARAGON TACTICAL INC [email protected] Art Fransen 951/736-9440 1580 COMMERCE ST CORONA CA 92880 PATRIOT GENERAL ENGINEERING INC [email protected] Steve Garcia 619/971-7700 12566 VIGILANTE ROAD LAKESIDE CA 92040 PAUL LOSKA LAND SURVEYING INC [email protected] Paul Loska 858.679.1732 PO BOX 1545 WestRAMONA CA 92065 PEREIRA BUILDING INDUSTRIES [email protected] Jean Pereira 619/764-2555 733 5th St. #301 RANCHOSacramento CA 95605 POINT TO POINT INC [email protected] Craig Teal 916/861-2225 PO BOX 3148 CORDOVA CA 95741-3148 POWER SYSTEMS PROFESSIONALS [email protected] James Burmeister 916/218-6002 1079 SUNRISE AVE. B-222 ROSEVILLE CA 95661 PSMPREMIER ENGINEERING MECHANICAL AND GROUP, CONSTRUCTION INC. [email protected] Michael Johnson 760-658-6399 1507 E. Valley Parkway ESCONDIDO CA 92027 MANAGEMENT SERVICES LLC Peter Tzifas 650/868-4147 POB 1022 MOUNTAINSAN CARLOS CA 94070 R JA DAUM PARGETT CONSTRUCTION ENGINEERING COMPANY INC A [email protected] Ron Pargett 209/768-3967 P O BOX 45 RANCH CA 95246 NEVADA CORPORATION [email protected] Helen Monahan 714/894-4300 11581 MONARCH ST GARDEN GROVE CA 92841 RENE COTA [email protected] Rene Cota 909/618-5049 4424 FOXRUN DR CHINO HILLS CA 91709 RHCE, INC [email protected] Robert Heinen 925/817-7719 1734 Alhambra Avenue MARTINEZ CA 94553 RICK FOWLER CONSTRUCTION INC [email protected] Rick Fowler 760/271-1222 P O BOX 965 JULIAN CA 92036 RIVERSMITH ENGINEERING INC [email protected] Thomas Smith 916/835-4456 55273942 TRUCKPozzallo VILLAGE Lane SACRAMENTO CA 95834 ROLL'N ROCK CONSTRUCTION INC. [email protected] Bonnie Heile 530/925-1408 DRIVE MOUNT SHASTA CA 96067 ROSS INFRASTRUCTURE DEVELOPMENT [email protected] Brian Ross 415/312-2224 555 4TH STREET #927 SAN FRANCISCO CA 94107 S. H. HUBER AND ASSOCIATES, INC. [email protected] Stephen Huber 805/509-9214 1411 EBONY DRIVE OXNARD CA 93030-8797 SAPPER WEST INC [email protected] Michael Conrad 916/736-2267 1927 49TH STREET SACRAMENTO CA 95819 SCHNETZER ENGINEERING INC [email protected] Donald Schnetzer, II 530-241-8460 1025 SUTTER ST REDDING CA 96001-3819 SCHWAB ENGINEERING INC [email protected] Jerry Schwab 818/624-7621 315 Arden Ave. #26 Glendale CA 91203 SCST INC JUSTIN@[email protected] Lisa Katz 619/280-4321 16176280 PACIFICRiverdale AVE Street STE San Diego CA 92120 SERGENT'S MECHANICAL SYSTEMS INC .COM Justin Legere 805/486-4562 116 OXNARD CA 93033-1854 SERVITEK SOLUTIONS, INC. [email protected] Geoff Reyes 626/227-1650 618 Brea Canyon Road City of Industry CA 91789 SFM CONSTRUCTORS INC [email protected] L. Patrick Burtt 951/225-1340 PO BOX 890485 LATEMECULA HABRA CA 92589 SHAWNAN CORPORATION [email protected] John Smith 5628039977 2677 CASALERO DR HEIGHTS CA 90631 SILAO GENERAL ENGINEERING INC [email protected] Paul Silao 415/818-4665 1485 Bayshore Blvd #169 San Francisco CA 94124 SOILS ENGINEERING, INC. (SEI) [email protected] Andrea Fisher 661/831-5100 4400 YEAGER WAY RanchoBAKERSFIELD CA 93313 SOLAR ENERGY FIELDS, INC [email protected] Ned Araujo 909/758-8027 8659 Red Oak Street Cucamonga CA 91730 SUGARPINE ENGINEERING Aaron Lubrano 530/214-0859 275012710 WOMBLE Northwoods ROAD, Blvd TRUCKEE CA 96161 SURGENERSULLIVAN INTERNATIONAL ELECTRIC INC, DBA GROUP MCKEE INC [email protected] Steven Bonde 619/260-1432 1406SUITE NORTH 100 CHESTER SAN DIEGO CA 92106-6111 ELECTRIC COMPANY Lester Surgener 661/399-3321 1480AVE MORAGA RD. SUITE BAKERSFIELD CA 93308 SUSTAINABLE GROUP, INC. [email protected] Roger Wykle 925/899-9721 1804I #374 GARNET AVE, SUITE MORAGA CA 94556 SUSTAINABLE INDUSTRIES [email protected] Cory Cunningham 858/413-7307 397 SAN DIEGO CA 92109 THE R E M ENGINEERING CO INC [email protected] Manuella Milton 626/296-7200 4791575 WEST N LAKE 6TH AVE STREET, STE 200 PASADENA CA 91104-2340 THE WENTWORTH COMPANY, INC. [email protected] John Wentworth 310/732-2301 #108 SAN PEDRO CA 90731 TITAN DVBE INC [email protected] William Schroyer 530/246-7836 PO BOX 492336 REDDING CA 96049 TITANIUM COBRA SOLUTIONS LLC [email protected] Todd Greenwood 855/842-8663 3990 OLD TOWN AVE SAN DIEGO CA 92110 UNDERGROUND UTILITIES INC [email protected] Michael Harness 619/461-9500 9102 HARNESS ST STE B SPRING VALLEY CA 91977

Page 4 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 USA CONSTRUCTION [email protected] Peter Ramirez 408.210.1968 P O BOX 7321 SAN JOSE CA 95150-7321 USA EPC GROUP INC [email protected] Alok Chanani 310/999-1567 1233 23rd Street Santa Monica CA 90404 VALENTINE CORPORATION [email protected] Robert Valentine 415/453-3732 111 PELICAN WAY SAN RAFAEL CA 94901 VALUE MANAGEMENT INSTITUTE [email protected] George Bartolomei 858/271-8035 511410329 E. LEAFWOOD CLINTON WAY PL SAN DIEGO CA 92131-1201 VANGUARD CONSTRUCTION SERVICES INC [email protected] Leonel Alvarado 559/455-1700 1084#111 NORTH EL CAMINO FRESNO CA 93727 VANGUARD GLOBAL SOLUTIONS, INC. [email protected] Michael Sabellico 760/822-9534 41593REAL, SUITE WINCHESTER B-216 ENCINITAS CA 92024 VET-FORCEVET CORPS CONTRACTINGENGINEERING &INC [email protected] Brendan Dailey 951/375-4570 ROAD SUITE 200 TEMECULA CA 92590 CONSTRUCTION, INC. [email protected] Carl Frank 858/755-1605 8614 SIESTA RD. SANTEE CA 92071 VETPOWERED, LLC [email protected] Hernan Luis y Prado 619/800-4597 2970 MAIN STREET SAN DIEGO CA 92113 VICTOR GROUP [email protected] RC Forrest 619/399-5900 2423 HOOVER AVE NATIONAL CITY CA 91950 VW & ASSOCIATES INC [email protected] Virgal Woolfolk 800.844.9182 1017PO BOX EL 71CAJON BLVD., SUN CITY CA 92586 W G CONSTRUCTION INC. [email protected] Bill Gwyn 619/415-4538 STE. B EL CAJON CA 92020 WARREN A. MINNER & ASSOCIATES [email protected] Warren Minner 661/324-9724 1716 OAK ST STE 21 BAKERSFIELD CA 93301 Mapping & Topographic Surveying Services All For 1 Engineering & Surveying [email protected] matthew nicholas 951/300-3610 5654 old ranch rd. riverside CA 92504 Altitude Imagery [email protected] Sinuhe Montoya 619/535-9197 11321225 MISSIONBoyle Ave STREET, SOUTHESCONDIDO CA 92027 AURORA INDUSTRIAL HYGIENE, INC. [email protected] Grace Rinck (626) 403-4104 SUITE B PASADENA CA 91030 Birds Eye Aerial Drones, LLC [email protected] Scott Painter 805/890-1991 6015 Sarita St LA Mesa CA 91942 BONITA PIPELINE INC [email protected] Francisco Marquez 619/434-9801 411140 JENKSN Glover CIRCLE, Avenue STE Chula Vista CA 91910 CALVADA SURVEYING, INC. [email protected] Armando Dupont 9512809960 205 CORONA CA 92880 CBL PROFESSIONAL SERVICES [email protected] Charles Capp 925/250-2072 479 MASON ST STE 301 VACAVILLE CA 95688 CRESTPOINT SOLUTIONS INC [email protected] O Fabomi Ojuola 925/828-6005 PO Box 10367 PLEASANTON CA 94588 DBE SURVEYING [email protected] JOSE CASANOVA 949/678-1303 1425 DAWSON AVE LONG BEACH CA 90804 ECOTECH RESOURCES, INC. [email protected] Jeff Root 510/528-3975 2403 BYRON STREET BERKELEY CA 94702-2028 Environmental Site Restoration Inc [email protected] Scott Larson 559.683.5335 12120PO BOX Tech 4086 Center Drive, OAKHURST CA 93644 GIS SURVEYORS, INC. [email protected] Paul Loska 858/679-1732 Suite D Poway CA 92064 H2GEOMATICS INC [email protected] Marcia Heise 619/318-3051 78543 SAN MARINO CT LA QUINTA CA 92253 M A STEINER CONSTRUCTION INC [email protected] Martin Steiner 916/988-6300 2210 Plaza Drive Rocklin CA 95765 MCM AND ASSOCIATES Michael Mosbacher 916/467-7747 708 HANCOCK DR FOLSOM CA 95630 O'CONNORNWB ENVIRONMENTAL CONSTRUCTION SERVICES, LLC [email protected] Michael Taylor 619/381-6001 3033 5th ave, suite 210 SAN DIEGO CA 92103 MANAGEMENT, INC. [email protected] Ciaran O'Connor 949/476-2094 27108851 LOKERRESEARCH AVE DR WEST IRVINE CA 92618 O'DAY CONSULTANTS INC [email protected] Pat O'Day 760/931-7700 STE 100 CARLSBAD CA 92010-6609 OFFICE AUTOMATION GROUP, INC. [email protected] Michael Dyer 408-554-6244 1066 ELM STREET SAN JOSE CA 95126 SERVEXO John Palmer 323/527-9994 879 W. 190TH ST. GARDENA CA 90248 Sol Ecology, Inc. [email protected] Dana Riggs 707/241-7718 P.O. BOX 5214 PETALUMA CA 94955 SOURCE DIVERSIFIED INC [email protected] Alfred Ortiz 949/940-0450 1206 Vista Cantora SAN CLEMENTE CA 92672 TALON OPERATIONS GROUP, LLC [email protected] Nicholas Hine 714/225-8180 33730 Summit View Pl Temecula CA 92592 VETERANSTHE 111TH EMERGENCYGROUP INC TECHNICAL [email protected] Patrick Belanger 408/315-1943 13025 MURPHY AVE. SAN MARTIN CA 95046 SERVICES [email protected] Jim Kniss 805/218-9646 848 ANN ARBOR AVE VENTURA CA 93004 WATER SAVER SOLUTIONS, INC. [email protected] Charles Bragdon 844/728-3420 14555 Valley View Ave Santa Fe Springs CA 90670 WILLIAM A PORTER William Porter 415/885-4840 PO BOX 422888 SAN FRANCISCO CA 94142-2888 Graphic Design Services ACTIVE DECISION SUPPORT INC [email protected] William Tarantino 831/372-2420 380 FOAM ST MONTEREY CA 93940

Page 5 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

4120 DOUGLAS BLVD # Run Date: 6/4/2018 ANGUS-HAMER INC [email protected] James Smith 916/779-2900 306-318 GRANITE BAY CA 95746 ANYTHING & EVERYTHING LANDSCAPE INC [email protected] Thomas Lincoln 619/820-0378 1356017961 COLOMBARDLYONS VALLEY RD. JAMUL CA 91935-3750 AQUA-SERV ENGINEERS INC [email protected] Cindy Dykstra 951-727-4430 COURT FONTANA CA 92337 ASSOCIATEDARDENT GENERAL INFRASTRUCTURE INC [email protected] James Myers 559/492-3969 2960 Burl Ave FRESNO CA 93727 ATHERTONMANAGEMENT PRINTING SERVICES, AND INC OFFICE [email protected] Donald Wimberly 408/930-4066 P O BOX 800 LOS GATOS CA 95031 SOLUTIONS [email protected] David Atherton 916/764-9356 P.O. BOX 277603 SACRAMENTO CA 95827 BAELIN, INC. [email protected] J.M. Baeli 707/321-1859 PO BOX 392 GRATON CA 95444 BAGLEY ENTERPRISES INC [email protected] Joseph Bagley 209/367-4800 57002370 STONERIDGEMAGGIO CIR STEMALL 4 LODI CA 95240 BAY AREA CONSTRUCTION INC [email protected] Jeff Pinkston 925.454.3500 RD STE 390 PLEASANTON CA 94588 BREAKAWAYBEDROSIAN & ENGINEERING ASSOCIATES SERVICES AND [email protected] Tod Bedrosian 916/421-5121 1040835 KLEIN PALOS WAY VERDES REDONDOSACRAMENTO CA 95831 TECHNOLOGY [email protected] Joseph Salus 713/826-6473 BLVD BEACH CA 90277 BRENTWOOD REPROGRAPHICS INC [email protected] Roger Strauss 925/550-9238 3361 WALNUT BLVD BRENTWOOD CA 94513-4488 BVB CONSTRUCTION INC [email protected] Benjamin Valenzuela 805.642.8381 1650 PALMA DR STE 206 VENTURA CA 93003 CBL PROFESSIONAL SERVICES [email protected] Charles Capp 925/250-2072 479 MASON ST STE 301 VACAVILLE CA 95688 CCITE INC [email protected] Stephn Ticknor 925/683-6829 136 WINDOVER DRIVE DANVILLE CA 94506 COGNETIC TECHNOLOGIES [email protected] Mike Jennings 619/806-8117 29937 ROBBIE LN VISTA CA 92084 CPH ENTERPRISES LLC [email protected] Christopher Haney 916/337-9443 2220 K Street Sacramento CA 95816 DAN SHEER [email protected] Dan Sheer 951.941.0057 556363 NMURPHY DIAMOND AVE BAR RIVERSIDE CA 92507 DAV-LEAR SYSTEMS INC [email protected] David Dixon 909/861-1219 BLVD STE 302 DIAMOND BAR CA 91765 DENNIS A SMITH [email protected] Dennis Smith 661/345-3276 12800 Jasmine Ave BAKERSFIELD CA 93312 DIAMONDPACIFIC CONSTRUCTION INC. [email protected] Gregg Torwick 619/654-8376 6051 AMARILLO AVE. LA MESA CA 91942-2724 D'S LANDSCAPING, INC. [email protected] Daniel Di Mento 858/688-6891 2116 BROADWAY OCEANSIDE CA 92054 DTS CONSTRUCTION, INC. [email protected] Dan Thomas 805/588-3808 28654878 SunriseHapgood Blvd, Rd, Ste LOMPOC CA 93436 ENGAGEDVBE Connect INTEGRATED Inc SYSTEMS [email protected] Christopher Haney 916/337-9443 110 Rancho Cordova CA 95742 TECHNOLOGY INCORPORATED [email protected] Louis Collins 9166832675 P O BOX 2086 SACRAMENTO CA 95812 E-NOR INNOVATIONS INC [email protected] Ronnie L. Jones Jr 310/513-6209 16213 ILLINOIS AVENUE PARAMOUNT CA 90723 EVERGREENERIC DAVY ARCHITECTS CONSTRUCTION APC & [email protected] Eric Davy 619/238-3811 1053 10th Avenue SAN DIEGO CA 92101 CONSULTING INC [email protected] Joshua Schreer 760/505-5446 10635 ROSELLE ST STE A SAN DIEGO CA 92121 FIRSTSPOT, INC [email protected] Brian Andrus 831/917-0571 PO BOX 51715 PACIFIC GROVE CA 93950 GLOBAL SIGNALS GROUP, INC. [email protected] Randall Bird 971/221-3818 908 Fesler Street El Cajon CA 92020 GREEN LINK MECHANICAL [email protected] Jerry Hernandez 562/861-2959 335012737 SCOTT DOWNEY BLVD AVE BLDG DOWNEY CA 90242 GREGORY P LUTH & ASSOCIATES INC [email protected] Shilin Jiang 408/654-0475 48 SANTA CLARA CA 95054 Guard Building Corp. [email protected] Herman Guardado 480/295-5046 4819 Olmos St El Paso TX 79922 HAALAND BUILDERS INC [email protected] Wayne Haaland 619/994-3304 7106 E COLUMBUS DR ANAHEIM CA 92807 HALBERT CONSTRUCTION CO INC [email protected] Jimmy Benavente 619/593-3527 691360 Lincoln N. Magnolia Blvd STE Ave. A EL CAJON CA 92020 HEAVENLY TECHNOLOGIES [email protected] Ron Brandon 916/706-8145 230#314 N MARYLAND AVE Lincoln CA 95648 HERITAGE GLOBAL SOLUTIONS, INC. [email protected] Jeff Estep 949/501-1038 2060STE 202 WINERIDGE PL STE GLENDALE CA 91206 HERMAN CONSTRUCTION GROUP, INC. [email protected] Lars Herman 858/277-7100 1550A Parkside Drive, Ste. ESCONDIDO CA 92029 HICKS CONSULTING GROUP INC [email protected] Lisa Price 925/299-4052 3050150 FITE CIRCLE SUITE WALNUT CREEK CA 94596 HSB SOLUTIONS INC [email protected] Chad Hodges (916) 549-8876 2201112 FRANCISCO DR. ELSACRAMENTO DORADO CA 95827 I3TECH DATA SOLUTIONS INC [email protected] Jason Schwartz 760/805-3089 SUITE 140-374 HILLS CA 95762 ILLUMINATION SYSTEMS INC [email protected] Mark Chapman 909/717-3877 24215 MIMOSA DR LAGUNA NIGUEL CA 92677

Page 6 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 JC WRITE [email protected] Jim Collins 209/566-0935 1214 SNOW RIDGE CT MODESTO CA 95351-6843 JOSEPH M MATTINGLY AIA ARCHITECT [email protected] Joseph Mattingly 707/235-2067 27411182 ALPINEROCHIOLI BLVD DR STE WINDSOR CA 95492 K.E.Y. SECURITY, INC [email protected] Erin Schaefer 619/642-2463 101 ALPINE CA 91901 KK BROKERAGE INC [email protected] W. Fritz Krauss 916/826-4565 12700 Bridlerack Ct Wilton CA 95693 KLUBER & ASSOCIATES INC [email protected] Frank Kluber 925/228-4453 819 MARINA VISTA MARTINEZ CA 94553-1234 LEELCE CONTRACTORSGROUP INC. AND CONSULTANTS, [email protected] Ray Latour 951/285-6511 157 SOUTH RALPH ROAD LAKE ELSINORE CA 92530 INC. [email protected] Odell Lee 415/596-4989 1978 EUCALYPTUS ROAD NIPOMO CA 93444 M.A.G. MANAGEMENT SERVICES INC [email protected] Brett Bruderer 415/225-4552 1500 DEL DAYO DR CARMICHAEL CA 95608 MA Engineering [email protected] Adolfo Mota 619/518-1947 5600 Lenore Ave Arcadia CA 91006 MAXIMIZE COMMUNICATION GROUP INC [email protected] Ken Davis 909/724-4093 3434301 Ninth W. 6TH Street ST. SUITE Redlands CA 92374 MAXX AND JM ENTERPRISE INC. [email protected] Son Kim 213/545-4502 20695401G S. Western Ave., LOS ANGELES CA 90020 MCCASLIN & ASSOCIATES ARCHITECTS, INC. Steven McCaslin 424/254-9280 Suite 204 Torrance CA 90501 MCM AND ASSOCIATES Michael Mosbacher 916/467-7747 708 HANCOCK DR FOLSOM CA 95630 MEGAN JUST [email protected] Megan Just 401/528-9534 12140 Via Antigua El Cajon CA 92019 MERGENT SYSTEMS, INC [email protected] James Weaver 916/390-2574 11230 Gold Express Drive Gold River CA 95670 MICHAEL ROBERT HANNEKEN [email protected] Michael Hanneken 415/413-7540 15 NORTHWOOD CT ORINDA CA 94563-3006 MISSION CONSTRUCTORS INC [email protected] Isabelle Concio 415/282-8453 119632235 Palou CYPRESS Ave. VALLEY SAN FRANCISCO CA 94124 NOBILITYMOTT ENGINEERING SECURITY AND MARITIME [email protected] Orland Mott 760/214-4529 2300DRIVE BOYNTON AVE, SAN DIEGO CA 92131 SOLUTIONS [email protected] James Long 707/673-2787 SUITE 202 FAIRFIELD CA 94533 NWB ENVIRONMENTAL SERVICES, LLC [email protected] Michael Taylor 619/381-6001 27103033 LOKER5th ave, AVE suite WEST 210 SAN DIEGO CA 92103 O'DAY CONSULTANTS INC [email protected] Pat O'Day 760/931-7700 STE 100 CARLSBAD CA 92010-6609 OFFICE DESIGN GROUP [email protected] Rusty Smith 949/215-5557 9963 MUIRLANDS BLVD. IRVINE CA 92618-2508 OM collaborative Jeff Scheire 310/597-1633 530 S. Lake Ave #985 Pasadena CA 91101 PACIFIC BEACH TOWER INC [email protected] Leslie Corriea 866/977-4296 461 ORCAS ST MORRO BAY CA 93442 PACIFIC POWER ENGINEERS INC [email protected] Derek Stewart 916/817-9734 9848 Business Park Drive Sacramento CA 95827 PAPERLESS KNOWLEDGE INC [email protected] Michael Wasco 916/771-5241 16960 Ocean Drive Fort Bragg CA 95437 PATHWAYS 2 PURPOSE LLC [email protected] Gary Ferguson 916/932-6549 16726524 MainCHESTNUT Street AVENUE Suite E- ORANGEVALE CA 95662 PAXTON INDUSTRIES Michael Paxton 760/315-0981 137 Ramona CA 92065 PBNETWORKS [email protected] David Dodd 858/220-3278 1928 CHALCEDONY ST SAN DIEGO CA 92109 PHAZER ENERGY INC [email protected] George Bonner 619/270-2282 1374 PRESIOCA ST SPRING VALLEY CA 91977 PHOENIX1 [email protected] Stan Williams 925/768-3177 1155-C ARNOLD DR #413 MARTINEZ CA 94553 PIERCE/COOLEY ARCHITECTS [email protected] Les Cooley 949/399-0878 11871 GONSALVES ST. CERRITOS CA 90703 PRAGMATIC BUSINESS SOLUTIONS INC [email protected] Matthew Gustat 831/402-3519 150727244 E. CORTINA VALLEY PKWY., WAY SALINAS CA 93908 PREMIER MECHANICAL GROUP, INC [email protected] Michael Johnson 760/402-5420 STE. #3-481 ESCONDIDO CA 92027 RPRO-CAL J DAUM LIGHTING CONSTRUCTION INC. COMPANY A Brian Morales 760/696-5580 1155 S Santa Fe Ave. VISTA CA 92083 NEVADA CORPORATION [email protected] Helen Monahan 714/894-4300 11581 MONARCH ST GARDEN GROVE CA 92841 REDHORSE CORPORATION [email protected] David Inmon 619/241-4609 1370 INDIA STREET SAN DIEGO CA 92101 RHCE, INC [email protected] Robert Heinen 925/817-7719 1734 Alhambra Avenue MARTINEZ CA 94553 ROGER L. REED [email protected] Roger Reed 619/260-0260 4134 FOURTH AVE SAN DIEGO CA 92103-1491 ROLOFF INTERNATIONAL [email protected] Don Roloff 951/303-0408 36420 DE PORTOLA RD TEMECULA CA 92592 ROSS INFRASTRUCTURE DEVELOPMENT [email protected] Brian Ross 415/312-2224 555 4TH STREET #927 SAN FRANCISCO CA 94107 SAHARA CONSTRUCTION CO INC [email protected] Phillip Albert 805/517-1200 448 Moorpark Rd Moorpark CA 93021

Page 7 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 SALIENT IT INC [email protected] David Hanjiev 916/800-2748 4811 Chippendale Drive SACRAMENTO CA 95841 SCHWAB ENGINEERING INC [email protected] Jerry Schwab 818/624-7621 315 Arden Ave. #26 Glendale CA 91203 SFM CONSTRUCTORS INC [email protected] L. Patrick Burtt 951/225-1340 PO BOX 890485 TEMECULA CA 92589 SIMPLE TECH SOLUTIONS LLC [email protected] Gregory Metcalf 510/685-2599 1430 BEECHWOOD DR MARTINEZ CA 94553 SLM CONTRACT FURNITURE INC [email protected] Timothy Maroney 858/277-9700 5252 Balboa Ave, Ste 103 SAN DIEGO CA 92117 SOURCEONE COMMUNICATIONS [email protected] Joel Shapiro 916/484-1008 4210 MASON LANE REDONDOSACRAMENTO CA 95821 SPARTAN GLOBAL INC [email protected] Chi Szeto 310/903-2547 1744 HAYNES LANE BEACH CA 90278 STANFIELD SYSTEMS INC [email protected] David Doherty 916/608-8006 718 SUTTER ST STE 108 FOLSOM CA 95630-2561 SUGARPINE ENGINEERING Aaron Lubrano 530/214-0859 12710 Northwoods Blvd TRUCKEE CA 96161 SURGENERSUPLOG LLC ELECTRIC INC, DBA MCKEE [email protected] Jeffrey Sotingco 619/370-1377 14065785 NORTHBlazing StarCHESTER Lane San Diego CA 92130 ELECTRIC COMPANY Lester Surgener 661/399-3321 AVE BAKERSFIELD CA 93308 SYSTEMLYTICS, LLC Thomas Jones 888/755-2580 11841 Old Eureka Way GOLD RIVER CA 95670 TEAM WEST CONTRACTING CORP [email protected] Dawn Lilly 951/340-3426 2733 VISTA AVE BLOOMINGTON CA 92316 THREE ALARM FIRE PROTECTION [email protected] Thomas Lemmons 9255482510 527 WAXLAX WAY LIVERMORE CA 94551 TOLCHIN ENTERPRISES [email protected] Justin Tolchin 858/605-6593 9450 MIRA MESA BLVD SAN DIEGO CA 92126-4801 TOPFORM DATA [email protected] Ron Romo 714/921-9500 551PO BOX NORTH 4399 BATAVIA ST ORANGE CA 92863-4399 TOYO LANDSCAPING [email protected] Michael Ohshita 714/633-5200 STE C ORANGE CA 92868 TPB SOLUTIONS, INC. [email protected] Thomas Brown 661/373-4312 3632 SMITH AVE #342 ACTON CA 93510 TROTTER'S GREEN WAYS [email protected] Anderson Trotter 707/480-9507 3262815 GRIFFITH Holiday Court,COURT Ste DIXON CA 95620 UNITED SUPPORT SERVICES INC [email protected] Michael Fernandez 858/373-9500 211 La Jolla CA 92037 USA EPC GROUP INC [email protected] Alok Chanani 310/999-1567 51141233 E.23rd CLINTON Street WAY Santa Monica CA 90404 VANGUARD CONSTRUCTION SERVICES INC [email protected] Leonel Alvarado 559/455-1700 #111 FRESNO CA 93727 VW & ASSOCIATES INC [email protected] Virgal Woolfolk 800.844.9182 PO BOX 71 SUN CITY CA 92586 WIDCO [email protected] Michael Bell 619/561-4410 10567 OAK CREEK DR SAN DIEGO CA 92040 WILLKOM INC [email protected] Orville Willkom 619-279-6023 4622525 CORONA SOUTHPORT MALL, WAY STE. NATIONAL CITY CA 91950 WIN WIN CONSULTING INC [email protected] Son Nguyen 951-870-0369 102 CORONA CA 92879 Marketing Consulting Services Alexander King Advisors, LLC [email protected] Reginal King 415/842-9801 4 Embarcadero Center San Francisco CA 94111 Ascot Consultants Michelle Bastelier 650/713-0173 211 Hope St. #735 Mountain View CA 94041 ASSOCIATED INFRASTRUCTURE [email protected] Donald Wimberly 408/930-4066 P O BOX 800 LOS GATOS CA 95031 BRIAN CAMPEAU [email protected] Brian Campeau 310/930-0867 217 41st Street Manhattan CA 90266 CARPENTER/ROBBINS COMMERCIAL REAL [email protected] John Robbins 9258661300 3160 CROW CANYON SAN RAMON CA 94583-1380 EXECUTIVE FLIGHT SUPPORT, INC [email protected] James Panknin 6192581070 9830 VIA LESLIE SANTEE CA 92071 Flagship Marketing [email protected] Joshua Ders 559/824-2659 7589 N Wilson Ave Ste Fresno CA 93711 FLEEGE & ASSOCIATES LLC [email protected] Sheila D. Fleege 530/400-7654 1590 CARSON RD PLACERVILLE CA 95667 Flores Engineering & Consulting [email protected] Jim Flores 415 7106609 58 Birch Ave Corte Madera CA 94925 FORTITUDE E&C, INC. [email protected] Dallas Poore 619/804-8180 10809 DAKOTA RANCH SANTEE CA 92071 FRANK T MARCHELLO CO INC [email protected] Frank Marchello 909/594-5108 21810 E BUCKSKIN DR WALNUT CA 91789 GEO COAST INC [email protected] Lee Hanshaw 661/492-4818 3115 W AVE J-4 LANCASTER CA 93536-1019 GLORY TO THE LORD INVESTMENTS, INC. [email protected] William Osgood 805/351-3724 1000 TOWN CENTER DR OXNARD CA 93036-1117 HQE Systems Inc. Henry Hernandez 800/967-3036 43218 Business Park Dr. Temecula CA 92590 INTEGRITY PUBLIC RELATIONS INC. [email protected] Kenneth Hagihara 949/768-4423 27785 SANTA MISSION VIEJO CA 92691 J-Rock Communications, LLC [email protected] James Stossel 760/216-4479 24 Thorn Hill Irvine CA 92602 NEW DAY TALK RADIO [email protected] Lynette Jones 310/715-3500 1212 W. GARDENA BLVD GARDENA CA 90247

Page 8 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 PETE CONATY [email protected] Pete Conaty 916/492-0550 1107 9TH STREET STE 620 SACRAMENTO CA 95814 QUADRIGAE GLOBAL ENTERPRISES, INC. [email protected] James Stossel 760/216-4479 24 THORN HILL IRVINE CA 92602-2413 Solid Search Marketing Inc [email protected] Steven Watanabe 866/581-6503 28514 Constellation Road Valencia CA 91355 SPARTAN GLOBAL INC [email protected] Chi Szeto 310/903-2547 1744 HAYNES LANE REDONDO CA 90278 STEVEN T KUYKENDALL & ASSOCIATES Steven Kuykendall 562/432-8252 400 WEST OCEAN BLVD - LONG BEACH CA 90802-8170 THE MEDIA CONSULTANTS INC [email protected] ANNA MINAESIAN 916.730.6226 23 COVERED BRIDGE RD CARMICHAEL CA 95608 THE PATRIOT GROUP, INC. [email protected] David Dickey 657/215-5025 16835 Algonquin Street HUNTINGTON CA 92649 THE WHITEWATER GROUP INC [email protected] Michael Crosby 562/427-1098 1713 CHARDONNAY LANE BRENTWOOD CA 94513-4252 VANGUARD GLOBAL SOLUTIONS, INC. [email protected] Michael Sabellico 760/822-9534 1084 NORTH EL CAMINO ENCINITAS CA 92024 VET NATIONAL INC [email protected] Kevin Teel 805/692-8487 601 PINE AVE GOLETA CA 93117 VideoVets [email protected] Paul Zagaris 916/802-0274 1309 24th Street Sacramento CA 95816 Your Signature LLC [email protected] Eric Allen 760-888-7822 4231 Conquistador Oceanside CA 92056 Environmental Consulting Services 4 GRANITE INC [email protected] Joe Webb 760.403.3376 PO BOX 1564 APPLE VALLEY CA 92307 ADV-SOC INC [email protected] John Gianos 619/495-6069 1320 YNEZ PLACE, UNIT CORONADO CA 92118 ALL WELL ABANDONMENT [email protected] Robert Slagle 916/363-9355 3369 Fitzgerald Road Rancho Cordova CA 95742 AXL GROUP, INC. [email protected] John Bartholomew 760/494-7296 424 PUEBLA ST. ENCINITAS CA 92024 BARRAGAN CORP INTERNATIONAL [email protected] David Barragan 951/248-5512 41707 WINCHESTER TEMECULA CA 92590 BLACKHAWK ENVIRONMENTAL INC. [email protected] Seth Reimers 619/972-7932 1720 MIDVALE DRIVE SAN DIEGO CA 92105 C2I (COMPENDIUM INTERNATIONAL, INC.) [email protected] Mohamood Entezar 949/433-5073 3200 E. GUASTI RD., STE. ONTARIO CA 91761 CASAMAR GROUP LLC [email protected] Joseph Garcia 661/254-2373 23335 Alamos Lane NEWHALL CA 91321 CJ SETO SUPPORT SERVICES LLC [email protected] Chet Seto 805/644-1214 2300 KNOLL DR UNIT G VENTURA CA 93003-8058 Cooper Biological Services [email protected] Travis Cooper 949-370-0370 4971 Mount Ashmun Dr San Diego CA 92111 DEL SOL CAPITAL PARTNERS LLC [email protected] John Norris 619/954-9479 7752 FAY AVE STE H LA JOLLA CA 92037-4328 ECHELON-CES MANAGEMENT & Angel Santiago Jr 7073444518 P.O. BOX 912 VACAVILLE CA 95696-0912 ECOTECH RESOURCES, INC. [email protected] Jeff Root 510/528-3975 2403 BYRON STREET BERKELEY CA 94702-2028 Environmental Site Restoration Inc [email protected] Scott Larson 559.683.5335 PO BOX 4086 OAKHURST CA 93644 EWASTE DISPOSAL INC [email protected] Thomas Abercrombie 949/466-8857 1048 Irvine Ave Newport Beach CA 92660 FORTITUDE E&C, INC. [email protected] Dallas Poore 619/804-8180 10809 DAKOTA RANCH SANTEE CA 92071 FRANKLIN YOUNG INTERNATIONAL, INC. [email protected] Ronald Franklin 909/931-5012 1042 N MOUNTAIN AVE, UPLAND CA 91786 FREYTAG & ASSOCIATES LLC [email protected] John Freytag 949/500-1853 2169 LOGGIA NEWPORT CA 92660 GLOBAL ENVIRONMENTAL NETWORK INC [email protected] Michael Horner 714/479-1199 P O BOX 8068 FOUNTAIN CA 92728-8068 GLORY TO THE LORD INVESTMENTS, INC. [email protected] William Osgood 805/351-3724 1000 TOWN CENTER DR OXNARD CA 93036-1117 HORIZON ENVIRONMENTAL INC. [email protected] Gary Barker 916/939/2170 PO BOX 5283 BAKERSFIELD CA 93388 HOWER CONSULTING GROUP, INC [email protected] Sharlene Hower 619/571-8056 10531 4S Commons SAN DIEGO CA 92127 IO ENVIRONMENTAL & INFRASTRUCTURE [email protected] Mike Bilodeau 619/972-9968 2840 ADAMS AVE STE SAN DIEGO CA 92116 KATIN ENGINEERING CONSULTING [email protected] Bob Katin 925/755-1150 2730 W TREGALLAS RD ANTIOCH CA 94531 KEE Solutions LLC [email protected] James Keegan 951/898-6000 41875 Chaparral Dr. Temecula CA 92592 KMEA [email protected] Chuck Forrest 619/399-5900 2423 HOOVER AVENUE NATIONAL CITY CA 91950 KMW BUSINESS SERVICES LLC [email protected] MICHAEL TRYNOR 775-230-4608 13389 FOLSOM BLVD STE FOLSOM CA 95630 MACDONALD-BEDFORD LLC [email protected] James Bedford 510/521-4020 2900 MAIN ST STE 200 ALAMEDA CA 94501-7522 MARCUS H BOLE & ASSOCIATES [email protected] Marcus Bole 530/633-0117 104 BROCK DR WHEATLAND CA 95692 MOORE TWINING ASSOCIATES INC [email protected] Harry Moore 559/268-7021 PO BOX 1472 FRESNO CA 93716 NBG CONSTRUCTION SERVICES [email protected] Allen Nichols 949/283-5757 22772 CENTRE DR, STE LAKE FOREST CA 92630 ODIC ENVIRONMENTAL [email protected] Eric Miller 213/999-1871 3255 WILSHIRE BLVD LOS ANGELES CA 90010 PAUL KATCHADOURIAN Paul Katchadourian 559/260-2992 4972 E. Pontiac Way FRESNO CA 93727 PAX ENVIRONMENTAL [email protected] Brandon Titus 805/798-1072 226 West Ojai Ave., Ste. Ojai CA 93023 PGRP ENTERPRISES LLC [email protected] Gregory Sedia 949/207-3366 31441 Santa Margarita RANCHO SANTA CA 92688 REDHORSE CORPORATION [email protected] David Inmon 619/241-4609 1370 INDIA STREET SAN DIEGO CA 92101 RL ENVIRONMENTAL, INC. [email protected] Erin Lowe 661-328-0802 5140 BOYLAN STREET BAKERSFIELD CA 93308

Page 9 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 ROBERT BURGESS [email protected] Robert Burgess 707/803-8738 956 STONE PINE CT FAIRFIELD CA 94533 SAPPER WEST INC [email protected] Michael Conrad 916/736-2267 1927 49TH STREET SACRAMENTO CA 95819 SECURITY ON-SITE SERVICES INC [email protected] Martin Steiner 916/988-6500 8999 GREENBACK LANE ORANGEVALE CA 95662 SEMPER PARATUS INDUSTRIAL SERVICES [email protected] Mark Warn 707/365-0150 PO BOX 1091 LONG BEACH CA 90801 SigTel, Inc. [email protected] Robert Morrow 951/302-1751 44050 Calle Allicante Temecula CA 92592 SITECO SERVICES INC [email protected] Raymond Klopf 415-695-2800 PO BOX 882583 SAN FRANCISCO CA 94188 SKYBRIDGE RENEWABLES [email protected] Jeremy Johnson 714/614-7804 1407 N BATAVIA STE 118 ORANGE CA 92867 SOAR ENVIRONMENTAL CONSULTING [email protected] Michael J. Murphy 559.547.8884 1401 FULTON ST 918 Fresno CA 93721 SOCLARIS CONTRACTING [email protected] Sonny Rosenal 619/465-3438 7437 LOWELL CT LA MESA CA 91942 SOILS ENGINEERING, INC. (SEI) [email protected] Andrea Fisher 661/831-5100 4400 YEAGER WAY BAKERSFIELD CA 93313 SULLIVAN INTERNATIONAL GROUP INC [email protected] Steven Bonde 619/260-1432 2750 WOMBLE ROAD, SAN DIEGO CA 92106-6111 SURF TO SNOW ENVIRONMENTAL [email protected] Elizabeth Frantz 925/362-3041 696 SAN RAMON VALLEY DANVILLE CA 94526 SUSTAINABLE GROUP, INC. [email protected] Roger Wykle 925/899-9721 1480 MORAGA RD. SUITE MORAGA CA 94556 THE LEBAUGH GROUP, INC. [email protected] Andrew Gregg 714/580-2004 4167 WARNER AVE #306 HUNTINGTON CA 92649 TRUTTA EROSION CONTROL [email protected] Carl Harral 530/524-5609 5819 BEAUMOUNT DR REDDING CA 96003 UMBERG ZIPSER LLP [email protected] Thomas Umberg 949/679-0052 1920 MAIN ST. SUITE 750 IRVINE CA 92614 USA EPC GROUP INC [email protected] Alok Chanani 310/999-1567 1233 23rd Street Santa Monica CA 90404 VICTOR GROUP [email protected] RC Forrest 619/399-5900 2423 HOOVER AVE NATIONAL CITY CA 91950 VW & ASSOCIATES INC [email protected] Virgal Woolfolk 800.844.9182 PO BOX 71 SUN CITY CA 92586 ZMASSOCIATES ENVIRONMENTAL CORP [email protected] Thomas Miller 949/608-9890 19800 MacArthur Blvd. IRVINE CA 92612-2479 Marketing Research & Public Opinion Polling ACTIVE DECISION SUPPORT INC [email protected] William Tarantino 831/372-2420 380 FOAM ST MONTEREY CA 93940 Alexander King Advisors, LLC [email protected] Reginal King 415/842-9801 4 Embarcadero Center San Francisco CA 94111 ALLEN SHEA & ASSOCIATES [email protected] William Allen 707/738-0342 50 Chapel Hill Drive NAPA CA 94559 AQUA-SERV ENGINEERS INC [email protected] Cindy Dykstra 951-727-4430 13560 COLOMBARD FONTANA CA 92337 ARCRECON INC. [email protected] Pamela Mori 408/207-5461 138 ALLEY WAY MOUNTAIN CA 94040 Ascot Consultants Michelle Bastelier 650/713-0173 211 Hope St. #735 Mountain View CA 94041 ASSOCIATED INFRASTRUCTURE [email protected] Donald Wimberly 408/930-4066 P O BOX 800 LOS GATOS CA 95031 BRIAN CAMPEAU [email protected] Brian Campeau 310/930-0867 217 41st Street Manhattan CA 90266 BRIAN FITZGERALD RPE.DVBE [email protected] Brian Fitzgerald 916-207-3968 8301 Folsom Blvd Sacramento CA 95826 BUYVET [email protected] Kurt Larsen 530/891-1433 10 MIONE WAY CHICO CA 95926 CARPENTER/ROBBINS COMMERCIAL REAL [email protected] John Robbins 9258661300 3160 CROW CANYON SAN RAMON CA 94583-1380 CLANCYJG INTERNATIONAL [email protected] Donald Rhea 661-886-8557 42529 8TH STREET EAST LANCASTER CA 93535 EXECUTIVE FLIGHT SUPPORT, INC [email protected] James Panknin 6192581070 9830 VIA LESLIE SANTEE CA 92071 Flagship Marketing [email protected] Joshua Ders 559/824-2659 7589 N Wilson Ave Ste Fresno CA 93711 FLEEGE & ASSOCIATES LLC [email protected] Sheila D. Fleege 530/400-7654 1590 CARSON RD PLACERVILLE CA 95667 Flores Engineering & Consulting [email protected] Jim Flores 415 7106609 58 Birch Ave Corte Madera CA 94925 FORTITUDE E&C, INC. [email protected] Dallas Poore 619/804-8180 10809 DAKOTA RANCH SANTEE CA 92071 FRANK T MARCHELLO CO INC [email protected] Frank Marchello 909/594-5108 21810 E BUCKSKIN DR WALNUT CA 91789 GAVULA ENGINEERING CORPORATION [email protected] Robert Gavula 805/644-8822 2368 EASTMAN AVE STE VENTURA CA 93003-5770 GEO COAST INC [email protected] Lee Hanshaw 661/492-4818 3115 W AVE J-4 LANCASTER CA 93536-1019 GLORY TO THE LORD INVESTMENTS, INC. [email protected] William Osgood 805/351-3724 1000 TOWN CENTER DR OXNARD CA 93036-1117 GRAULING RESEARCH INCORPORATED [email protected] Tatiana Atkinson 707/687-9577 3225 REGIONAL SANTA ROSA CA 95403 H2GEOMATICS INC [email protected] Marcia Heise 619/318-3051 78543 SAN MARINO CT LA QUINTA CA 92253 HQE Systems Inc. Henry Hernandez 800/967-3036 43218 Business Park Dr. Temecula CA 92590 INTEGRITY PUBLIC RELATIONS INC. [email protected] Kenneth Hagihara 949/768-4423 27785 SANTA MISSION VIEJO CA 92691 J-Rock Communications, LLC [email protected] James Stossel 760/216-4479 24 Thorn Hill Irvine CA 92602 LEVERAGE [email protected] Katie Redding 530/701-6421 PO BOX 3058 AUBURN CA 95604

Page 10 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 MAGELLAN SOLUTIONS USA [email protected] Mark Dee 415/722-6367 100 OLD COUNTY ROAD BRISBANE CA 94005-1308 MARCUS H BOLE & ASSOCIATES [email protected] Marcus Bole 530/633-0117 104 BROCK DR WHEATLAND CA 95692 MILLER-GREGSON PRODUCTIONS, INC. [email protected] Joseph Miller 818/996-9373 8106 LASAINE AVENUE NORTHRIDGE CA 91325 NATIONWIDE INVESTIGATIVE SERVICES INC [email protected] Douglas Iversen 909 463-7864 6806 SVL BOX SPRING VALLEY CA 92395-5185 NEW DAY TALK RADIO [email protected] Lynette Jones 310/715-3500 1212 W. GARDENA BLVD GARDENA CA 90247 PETE CONATY [email protected] Pete Conaty 916/492-0550 1107 9TH STREET STE 620 SACRAMENTO CA 95814 PROGRESSIVE INVESTMENT GROUP [email protected] Dolores Slaton 916/955-1368 PO BOX 278363 SACRAMENTO CA 95827 QUADRIGAE GLOBAL ENTERPRISES, INC. [email protected] James Stossel 760/216-4479 24 THORN HILL IRVINE CA 92602-2413 SOFTSTAR RESEARCH, INC. [email protected] David Rubin 503/941-0123 5350 DUNLAY DRIVE, SACRAMENTO CA 95835 Solid Search Marketing Inc [email protected] Steven Watanabe 866/581-6503 28514 Constellation Road Valencia CA 91355 SPARTAN GLOBAL INC [email protected] Chi Szeto 310/903-2547 1744 HAYNES LANE REDONDO CA 90278 STEVEN T KUYKENDALL & ASSOCIATES Steven Kuykendall 562/432-8252 400 WEST OCEAN BLVD - LONG BEACH CA 90802-8170 SUPLOG LLC [email protected] Jeffrey Sotingco 619/370-1377 5785 Blazing Star Lane San Diego CA 92130 THE MEDIA CONSULTANTS INC [email protected] ANNA MINAESIAN 916.730.6226 23 COVERED BRIDGE RD CARMICHAEL CA 95608 THE PATRIOT GROUP, INC. [email protected] David Dickey 657/215-5025 16835 Algonquin Street HUNTINGTON CA 92649 THE WHITEWATER GROUP INC [email protected] Michael Crosby 562/427-1098 1713 CHARDONNAY LANE BRENTWOOD CA 94513-4252 VANGUARD GLOBAL SOLUTIONS, INC. [email protected] Michael Sabellico 760/822-9534 1084 NORTH EL CAMINO ENCINITAS CA 92024 VET NATIONAL INC [email protected] Kevin Teel 805/692-8487 601 PINE AVE GOLETA CA 93117 VideoVets [email protected] Paul Zagaris 916/802-0274 1309 24th Street Sacramento CA 95816 WSC CONSULTING [email protected] William Curry 530/899-8436 17 NORTHWOOD CHICO CA 95973-7213 Your Signature LLC [email protected] Eric Allen 760-888-7822 4231 Conquistador Oceanside CA 92056 Other Professional, Scientific & Technological Services 101ST SERVICES CORPORATION [email protected] Erik Backlund 951/229-3773 31939 HOLLYHOCK WAY LAKE ELSINORE CA 92532 1PLUS 1 TECHNOLOGY INC. [email protected] Joseph Tinker 408/310-2116 8084 SOUTH LAKE DRIVE, DUBLIN CA 94568 347 GROUP, INC. [email protected] Douglas Pautsch, Jr. 916/244-7680 4168 DOUGLAS BLVD., GRANITE BAY CA 95746 49ER PRESSURE WASH & WATER SERVICE [email protected] John Sasser 209/559-5599 PO BOX 337 ANGELS CAMP CA 95222 A WALLACE TRUCKING [email protected] Andrew Wallace 530/870-3778 2574 WOODRUFF LN MARYSVILLE CA 95901 AAA ATTORNEY SERVICES II, INC [email protected] David Laneaux 800/491-2477 714 W. Olympic Blvd Los Angeles CA 90015 ACADEMY SECURITIES, INC. [email protected] Chance Mims 8588769119 12625 HIGH BLUFF SAN DIEGO CA 92130 ADVANCED ONION, INC. [email protected] Valerie Linhoff 763/607-3592 2460 GARDEN RD STE E MONTEREY CA 93940 AGEMA TECHNOLOGY INC [email protected] Jeffery Thompson 949/346-2501 6 Jenner Suite 260 Irvine CA 92618 ALAN'S WATER TRUCKS [email protected] Ricky Logue 530/945-6023 2486 East Hillside Dr Anderson CA 96007 ALBERT R. RENTERIA CORPORATION [email protected] Albert Renteia 760/468-1315 11 S D Street Perris CA 92570 ALBERTO HOLGUIN [email protected] Alberto Holguin 559/8717508 201 SASSAFRAS DR MADERA CA 93637 Alexander King Advisors, LLC [email protected] Reginal King 415/842-9801 4 Embarcadero Center San Francisco CA 94111 ALGERINE WEST CONSTRUCTION [email protected] Montgomery West 209/984-1883 11480 ALGERINE RD JAMESTOWN CA 95327 ALL STATE POLICE EQUIPMENT CO INC [email protected] Alan Taylor 909/596-2470 PO BOX 40 CLAREMONT CA 91711 ALL TERRAIN WATER CORPORATION [email protected] Gregory Smith 707/489-4261 881 RIVERSIDE DR UKIAH CA 95482 ALL WELL ABANDONMENT [email protected] Robert Slagle 916/363-9355 3369 Fitzgerald Road Rancho Cordova CA 95742 ALLIANCE RESOURCE GROUP INC [email protected] Theodore Fuentes 310/594-8900 2549-B EASTBLUFF DR NEWPORT CA 92660 ALLIED NETWORK SOLUTIONS, INC. [email protected] Roger Schnorenberg 916/774-2670 5718 LONETREE ROCKLIN CA 95765-3734 ALPHA TEN TECHNOLOGIES INC [email protected] Steven Hilgemann 760/438-9144 2720 LOKER AVE WEST, CARLSBAD CA 92010-6605 AMARO CONSTRUCTION SERVICES INC [email protected] Allen Amaro 916/847-6514 9524 MOSQUITO RD PLACERVILLE CA 95667 AMERICAN LADY VETS SERVICES, INC [email protected] Teresa San Paolo 951/230-3522 24592 SUNNYMEAD BLVD MORENO CA 92553-3087 AMERIFY [email protected] Mike Pagano 619/368-4356 2130 LA MIRADA STREET VISTA CA 92081 AMERIT CONSULTING INC [email protected] Gary Herbold 925-708-9042 8698 ELK GROVE BLVD ELK GROVE CA 95624-3300 AMERIVET ENTERPRISES INC [email protected] Elton Johnson Jr. 951/242-8090 26550 Silverado Court Moreno Valley CA 92555 ANCHOR ENGINEERING INC [email protected] Bisa Grant 925/385-0950 3685 MT DIABLO BLVD LAFAYETTE CA 94549 ANGUS-HAMER INC [email protected] James Smith 916/779-2900 4120 DOUGLAS BLVD # GRANITE BAY CA 95746

Page 11 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 Anthem Real Estate Ventures Inc [email protected] Matthew Philbin 619/694-9253 4300 Newton Ave Unit 4 San Diego CA 92113 APIAN CONSULTING, INC [email protected] Dennis Nelson 916-849-9223 729 DEVON COURT SAN DIEGO CA 92109 ARCRECON INC. [email protected] Pamela Mori 408/207-5461 138 ALLEY WAY MOUNTAIN CA 94040 ASSOCIATED INFRASTRUCTURE [email protected] Donald Wimberly 408/930-4066 P O BOX 800 LOS GATOS CA 95031 ATHERTON PRINTING AND OFFICE [email protected] David Atherton 916/764-9356 P.O. BOX 277603 SACRAMENTO CA 95827 AURORA INDUSTRIAL HYGIENE, INC. [email protected] Grace Rinck (626) 403-4104 1132 MISSION STREET, SOUTH CA 91030 AVECS, INC. Sean Rafiei 949/266-4489 829 Marconi St. Montebello CA 90640 B & D INSPECTION SERVICES, INC [email protected] Bradley Stene 619/985-0902 1763 ADRIAN CT ALPINE CA 91901-2969 BAY AREA CONSTRUCTION INC [email protected] Jeff Pinkston 925.454.3500 5700 STONERIDGE MALL PLEASANTON CA 94588 BEDROSIAN & ASSOCIATES [email protected] Tod Bedrosian 916/421-5121 835 KLEIN WAY SACRAMENTO CA 95831 BELL FAMILY THERAPY & HEALTH [email protected] William Bell 415.710.9777 328 N SAN MATEO DR SAN MATEO CA 94401 BIRDSEYE CONSULTING GROUP LLC [email protected] John Hunt 530/676-1596 2528 ALMERIA DR CAMERON PARK CA 95682 BLESSINGS & MORE AT HOME LTD [email protected] Cynthia Hall 916/761-5538 19 BRIDGEFORD CT ROSEVILLE CA 95678 BLUE NOSE IT SOLUTIONS, INC. [email protected] Damon Moore 619/724-2547 7115 Leicester Street San Diego CA 92120 BOBBY KNOX ARCHITECT [email protected] Bobby Knox 323/663-5174 3763 GRIFFITH VIEW DR LOS ANGELES CA 90039 BONITA PIPELINE INC [email protected] Francisco Marquez 619/434-9801 140 N Glover Avenue Chula Vista CA 91910 BRENDA'S FIREWATER, INC [email protected] Brenda Dahl 760/789-4036 26556 HIGHWAY 78 RAMONA CA 92065-6315 BRENTWOOD REPROGRAPHICS INC [email protected] Roger Strauss 925/550-9238 3361 WALNUT BLVD BRENTWOOD CA 94513-4488 BRIAN B. COLLINS ENTERPRISES [email protected] Brian Collins 619-405-4000 19 Fire Road Woodacre CA 94973 BRIAN FITZGERALD RPE.DVBE [email protected] Brian Fitzgerald 916-207-3968 8301 Folsom Blvd Sacramento CA 95826 C2I (COMPENDIUM INTERNATIONAL, INC.) [email protected] Mohamood Entezar 949/433-5073 3200 E. GUASTI RD., STE. ONTARIO CA 91761 CARPENTER/ROBBINS COMMERCIAL REAL [email protected] John Robbins 9258661300 3160 CROW CANYON SAN RAMON CA 94583-1380 CASAMAR GROUP LLC [email protected] Joseph Garcia 661/254-2373 23335 Alamos Lane NEWHALL CA 91321 CCITE INC [email protected] Stephn Ticknor 925/683-6829 136 WINDOVER DRIVE DANVILLE CA 94506 CHRISTOPHER GERBER Christopher Gerber 858/354-8692 2104 CROWNHILL RD SAN DIEGO CA 92109-1422 CLANCYJG INTERNATIONAL [email protected] Donald Rhea 661-886-8557 42529 8TH STREET EAST LANCASTER CA 93535 CLARKE PROJECT SOLUTIONS INC [email protected] Chris Clarke 949/293-9553 25862 San Tropez Ct. Mission Viejo CA 92692 CLEAN AND CLEAR CLEANING SYSTEMS [email protected] Christopher Maybury 760/710-7380 2033 San Elijo Ave #147 Cardiff by the CA 92007 COMMTECH SYSTEMS INC. [email protected] Mike Olivier 619/368-4246 1521 DONITA DR EL CAJON CA 92020 CONTINENTAL INTERPRETING SERVICES [email protected] Veronica Amador 800/201-7121 22699 Old Canal Road Yorba Linda CA 92887 CORONADO DISTRIBUTION COMPANY INC [email protected] Frank Bütts 619/474-1350 8653 AVENIDA COSTA SAN DIEGO CA 92154 COTTONWOOD ELECTRIC CART SERVICE INC [email protected] Mando Salazar 619/440-2127 800 EL CAJON BLVD EL CAJON CA 92020 COTTONWOOD EQUIPMENT INC [email protected] Graham Newlon 530/377-0023 P O BOX 7 COTTONWOOD CA 96022 CREAGER CORPORATION [email protected] James Creager 213/399-9392 15007 SUTTON STREET SHERMAN OAKS CA 91403 DANIEL R ARGUELLO [email protected] Daniel Arguello 626.833.8968 3029 EVA TERRACE LOS ANGELES CA 90031-2102 DAV ENERGY SOLUTIONS, INC [email protected] James Sinclair 619/770-8552 1804 GARNET AVE SUITE SAN DIEGO CA 92109 DAVID MCCUE ATTORNEY AT LAW David Mccue 619/338-0517 1220 ROSECRANS STREET SAN DIEGO CA 92106 DAVID TONICK ENTERPRISES INC [email protected] David Tonick 858/587-4765 9524 KEARNY VILLA RD # SAN DIEGO CA 92126 DAV-LEAR SYSTEMS INC [email protected] David Dixon 909/861-1219 556 N DIAMOND BAR DIAMOND BAR CA 91765 DEAN DARK [email protected] Dean Dark 209/293-4940 119 GARDEN COURT JACKSON CA 95642 DENNIS K DOOLEY [email protected] Dennis Dooley 530/273-4166 10200 OMEGA WAY GRASS VALLEY CA 95949 DENNIS NELSON CPA APC [email protected] Dennis Nelson 916/849-9223 729 DEVON COURT SAN DIEGO CA 92109 DHS ASSOCIATES [email protected] Donald Shannon, Ii 209/295-8877 26938 Meadowmont Pioneer CA 95666 DIRTWORKS GRADING INC. [email protected] Dale L. Harker Jr. 619-887-3150 15192 SLEEPY CREEK RD. EL CAJON CA 92021 DISABLED AMERICAN VETERAN [email protected] Sean Reed 559/370-5756 5633 N FIG GARDEN DR FRESNO CA 93722 DRMCNATTY & ASSOCIATES, INC [email protected] Regina Le 949/297-4064 26300 LA ALAMEDA, STE MISSION VIEJO CA 92691 DV DESIGN INC [email protected] James Hernandez 760/738-8608 240 N MARKET PLACE ESCONDIDO CA 92029 DVBE LOW VOLTAGE SYSTEMS INC [email protected] Alan (Rett) Hicks 818/535-7999 26333 EMERALD DOVE VALENCIA CA 91355 ECHELON-CES MANAGEMENT & Angel Santiago Jr 7073444518 P.O. BOX 912 VACAVILLE CA 95696-0912 EDHIGHT.COM [email protected] Ed Hight 916/752-6288 588 SOUTHGATE RD SACRAMENTO CA 95815-3849 EL DORADO SUPPORT SERVICES INC [email protected] Dennis Forni 530/409-5457 P O BOX 1084 EL DORADO CA 95623-1084 ELITE LEVEL ENTERTAINMENT [email protected] Edwin Emanuel 951/924-3820 15835 OLIVER STREET MORENO CA 92555

Page 12 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 ELIZABETH & ASSOCIATES MANAGEMENT [email protected] Rick Reese 831/905-1574 1760 FREMONT BLVD STE SEASIDE CA 93955 EM NORTON ENTERPRISES INC [email protected] William Schlichter 760/445-6323 3111 CAMINO DEL RIO SAN DIEGO CA 92108 E-NOR INNOVATIONS INC [email protected] Ronnie L. Jones Jr 310/513-6209 16213 ILLINOIS AVENUE PARAMOUNT CA 90723 ERIC DAVY ARCHITECTS APC [email protected] Eric Davy 619/238-3811 1053 10th Avenue SAN DIEGO CA 92101 ETHICAL PERSONNEL SERVICES INC [email protected] Rondia Moss 619/445-0029 P O BOX 296 ALPINE CA 91903 EVERGREEN CONSTRUCTION & [email protected] Joshua Schreer 760/505-5446 10635 ROSELLE ST STE A SAN DIEGO CA 92121 EWASTE DISPOSAL INC [email protected] Thomas Abercrombie 949/466-8857 1048 Irvine Ave Newport Beach CA 92660 FAIRMED, INC. [email protected] Robert Fair 714/838-9049 23151 ALCALDE DR., LAGUNA HILLS CA 92653-1462 FANTASTIC FLOORING COMPANY [email protected] Wilmer Barron 562-271-8508 6813 E. Gage Ave Commerce CA 90040 FLANDERS ARCHITECTURAL CONSULTING [email protected] Allen Flanders 619/993-3608 11717 SCRIPPS CAPE SAN DIEGO CA 92131 FLEEGE & ASSOCIATES LLC [email protected] Sheila D. Fleege 530/400-7654 1590 CARSON RD PLACERVILLE CA 95667 FORCE 77 ENGINEERING AND CONSULTING Joshua Reece 619/892-3735 3712 TICONDEROGA ST. SAN DIEGO CA 92117 FRONTERA [email protected] William Escobar 530/828-2192 PO BOX 3931 CHICO CA 95927 FRYMAN MANAGEMENT, INC. [email protected] Ross Fryman 949 4815211 1226 PUERTA DEL SOL SAN CLEMENTE CA 92673 FUESS CAPITAL LLC [email protected] Kurt Fuess 3104995678 P O BOX 34592 LOS ANGELES CA 90034 G & C EQUIPMENT CORP/ABERCROMBIE [email protected] Gene Hale 310/515-6715 P O BOX 5419 GARDENA CA 90249 GARCIA'S JANITORIAL Epifanio Garcia 559/708-6775 1551 C ST FRESNO CA 93706-1927 GAVULA ENGINEERING CORPORATION [email protected] Robert Gavula 805/644-8822 2368 EASTMAN AVE STE VENTURA CA 93003-5770 GERALD E SANTOS [email protected] Gerald Santos 714/323-2856 31500 GRAPE STREET LAKE ELSINORE CA 92532 GIANT SERVICES INC [email protected] Brian Downs 760/998-2929 20258 HWY 18 #430-254 APPLE VALLEY CA 92307 GIS SURVEYORS, INC. [email protected] Paul Loska 858/679-1732 12120 Tech Center Drive, Poway CA 92064 GRAND STAR PAINTING INC [email protected] Wilmer Barron 562-271-8508 9222 Klingerman Street S. El Monte CA 91733 GRANITE FINANCIAL SOLUTIONS INC [email protected] Brigg Goodwin 916/735-3550 5321 Luce Avenue McClellan Park CA 95652 GREENOUS LLC [email protected] Frank Drogowski 209/878-3415 6386 GREELEY HILL RD COULTERVILLE CA 95311 GREGORY P LUTH & ASSOCIATES INC [email protected] Shilin Jiang 408/654-0475 3350 SCOTT BLVD BLDG SANTA CLARA CA 95054 HC SOLUTIONS INC [email protected] Dennis Timmons 415/779-2558 1355 Fairfax Ave San Francisco CA 94124 HIRE GREEN LLC [email protected] Steve Hilgemann 760 438 9144 2720 Loker Ave West Carlsbad CA 92010 HOFFMAN TECHNOLOGIES INC [email protected] Kevin Hoffman 916/782-5267 3835 Atherton Road, STE Rocklin CA 95765 HSB SOLUTIONS INC [email protected] Chad Hodges (916) 549-8876 3050 FITE CIRCLE SUITE SACRAMENTO CA 95827 I3TECH DATA SOLUTIONS INC [email protected] Jason Schwartz 760/805-3089 2201 FRANCISCO DR. EL DORADO CA 95762 IECLT, INC [email protected] Robert Lee Poorman 661/305-0177 44943 10th St West LANCASTER CA 93534 ILLUMINATION SYSTEMS INC [email protected] Mark Chapman 909/717-3877 24215 MIMOSA DR LAGUNA NIGUEL CA 92677 INDEPENDENT COURIER SERVICE [email protected] Gregory Vacheron 916/600-2671 5522 CLARK AVE CARMICHAEL CA 95608 INDUSTRIAL MEDICAL SUPPORT, INC. Mollie Mcfarland 562/381-5511 4010 Watson Plaza Dr Lakewood CA 90712 INLAND WATER TECHNOLOGY, INC [email protected] Steven Hood 559/647-6837 P.O. BOX 7826 VISALIA CA 93290 INTERVAL EQUIPMENT SOLUTIONS, INC [email protected] Chad Cheatham 530/315-0389 14161 Elsworth Street, Moreno Valley CA 92553 IRG PLOTTERS & PRINTERS INC [email protected] Frank Mancini 310/203-9062 19300 S HAMILTON GARDENA CA 90248-4423 IRON KITE TECHNOLOGIES INC [email protected] Drew Donoghue 916-259-5679 2351 SUNSET BLVD STE ROCKLIN CA 95765 IRVINE ENTERPRISES LLC [email protected] Glenn Irvine 8583668943 13258 BAVARIAN DR SAN DIEGO CA 92129 ITTOUKOKU INTERNATIONAL [email protected] Daren Lewis 323/376-0853 1018 SOUTH MONTEBELLO CA 90640 J & M EQUIPMENT [email protected] Jack Duncan 661.805.0803 12401 LONGMEADOW BAKERSFIELD CA 93312 J M J ENTERPRISES [email protected] Joseph Mohamed, Jr. 916-539-0010 4321 WALNUT AVE CARMICHAEL CA 95608-1664 J R CONKEY & ASSOCIATES INC [email protected] Diane Peterson 916/783-3277 735 SUNRISE AVE STE 200 ROSEVILLE CA 95661-4568 JCL REALTY INC [email protected] Theodore Greene 916/442-4500 1912 F ST #110 SACRAMENTO CA 95811 JOHN PAXTON REAL ESTATE ADVISORY John Paxton 415/421-3700 155 MONTGOMERY ST SAN FRANCISCO CA 94104 JOHN ROEN [email protected] John Roen 530/994-3539 P O BOX 38 SIERRAVILLE CA 96126 JOHN T CORRAL [email protected] John Corral 925/575-0377 568 EL PINTADO RD DANVILLE CA 94526 JOHNSON PLUMBING INDUSTRIAL INC [email protected] Eugene (Bud) Gantney 209/384-1566 65 EAST 15TH STREET MERCED CA 95340 JONES EDUCATION CONSULTANCY [email protected] Ernest Jones 707/937-6261 13151 N HIGHWAY 1 MENDOCINO CA 95460 JOSEPH M MATTINGLY AIA ARCHITECT [email protected] Joseph Mattingly 707/235-2067 1182 ROCHIOLI DR WINDSOR CA 95492 JRB & ASSOCIATES [email protected] James Battersby 909/484-6499 6063 EASTWOOD AVE RANCHO CA 91737-2813 JUDD ASSOCIATES [email protected] Richard Judd 916/704-3364 6821 Anchor Circle Fair Oaks CA 95628

Page 13 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 KEVIN D HORN [email protected] Kevin Horn 530/227-6514 p.o.box 4507 Arcata CA 95518 KISER CONSTRUCTION [email protected] Kyle Kiser 707/834-3780 470 95TH STREET MAD RIVER CA 95552-9342 KLUBER & ASSOCIATES INC [email protected] Frank Kluber 925/228-4453 819 MARINA VISTA MARTINEZ CA 94553-1234 KMEA [email protected] Chuck Forrest 619/399-5900 2423 HOOVER AVENUE NATIONAL CITY CA 91950 LABORCOM INC [email protected] Detra Perkins 619/623-5243 20326 AMANTHA AVE CARSON CA 90746 LCC 3 CONSTRUCTION SERVICES INC [email protected] Brenda Garcia 909/476-3567 PO BOX 764 ONTARIO CA 91729 Leach, John P. [email protected] John Leach 858/774-2282 13585 DOGWOOD WAY SAN DIEGO CA 92130 LEE CONTRACTORS AND CONSULTANTS, [email protected] Odell Lee 415/596-4989 1978 EUCALYPTUS ROAD NIPOMO CA 93444 LELAND SAYLOR ASSOCIATES [email protected] Leland Saylor 415/291-3200 2121 N. California Blvd. Walnut Creek CA 94596 LEON E TUTTLE CPA [email protected] Leon Tuttle 916/624-3912 3825 CLOVER VALLEY RD ROCKLIN CA 95677-1505 LIBERTY BUSINESS SERVICES LLC [email protected] Magdy Zakhary 916/877-1377 8009 Delage Way Sacramento CA 95828 LOCATOR SERVICES INC [email protected] George Grauer 619/229-6100 4616 MISSION GORGE SAN DIEGO CA 92120-4133 LS NDT INC [email protected] Lawrence Schultz 916/539-1726 3512 WILLARD WAY ROCKLIN CA 95677 M&M DESIGN AND DRAFTING [email protected] Ron Miller 760/525-0469 PO Box 2078 CARLSBAD CA 92018 MACDONALD-BEDFORD LLC [email protected] James Bedford 510/521-4020 2900 MAIN ST STE 200 ALAMEDA CA 94501-7522 MARCUS H BOLE & ASSOCIATES [email protected] Marcus Bole 530/633-0117 104 BROCK DR WHEATLAND CA 95692 MDR INC [email protected] Michael Robirds 877-636-0430 PO BOX 639 Benicia CA 94510 MEGAN JUST [email protected] Megan Just 401/528-9534 12140 Via Antigua El Cajon CA 92019 MICHAEL MERINO ARCHITECTS [email protected] Michael Merino 7142889788 5830 E INDIGO CT ORANGE CA 92869 MICRO-SOLUTIONS ACQUISITION GROUP [email protected] Mike Phipps (916) 416-7742 3609 BRADSHAW RD STE SACRAMENTO CA 95827 MONEY SAVERS REALTY INC. [email protected] William Thomas Lott III 949/596-4100 65 ENTERPRISE ALISO VIEJO CA 92656 MOORE TWINING ASSOCIATES INC [email protected] Harry Moore 559/268-7021 PO BOX 1472 FRESNO CA 93716 MOTT ENGINEERING [email protected] Orland Mott 760/214-4529 11963 CYPRESS VALLEY SAN DIEGO CA 92131 MS & JC OFFICE SUPPORT SERVICES [email protected] Mark Shaw 916/596-8450 2922 TAMARIND CT ANTELOPE CA 95843 NATIX, INC [email protected] Jody Timmons 916-270-2885 16790 PLACER HILLS MEADOW VISTA CA 95722 NAVETGLOBAL, LLC [email protected] Carmine Petriccione 619/435-8123 160 I AVENUE CORONADO CA 92118 NBG CONSTRUCTION SERVICES [email protected] Allen Nichols 949/283-5757 22772 CENTRE DR, STE LAKE FOREST CA 92630 NJ ENTERPRIZE [email protected] Lincoln Pollock 951/434-7970 29481 LONGLEAF ST MENIFEE CA 92584 NOBILITY SECURITY AND MARITIME [email protected] James Long 707/673-2787 2300 BOYNTON AVE, FAIRFIELD CA 94533 NWB ENVIRONMENTAL SERVICES, LLC [email protected] Michael Taylor 619/381-6001 3033 5th ave, suite 210 SAN DIEGO CA 92103 ODIC ENVIRONMENTAL [email protected] Eric Miller 213/999-1871 3255 WILSHIRE BLVD LOS ANGELES CA 90010 Odin Solutions International [email protected] Tyrone Yanaga 619/942-5681 550 West B Street San Diego CA 92101 Paro Labs LLC [email protected] Daniel Gilbert-Valencia 916 4140162 1601 Alhambra Blvd #100 Sacramento CA 95816 PATHWAYS 2 PURPOSE LLC [email protected] Gary Ferguson 916/932-6549 6524 CHESTNUT AVENUE ORANGEVALE CA 95662 PATRIOT CONSTRUCTION INC [email protected] Christopher Cotta 209/982-9900 4646 QANTAS LN STE B4 STOCKTON CA 95206-4982 PATRIOT RN [email protected] Ken Mulvey 714/916-5656 179 N MAPLE ST CORONA CA 92880 PAUL LOSKA LAND SURVEYING INC [email protected] Paul Loska 858.679.1732 PO BOX 1545 RAMONA CA 92065 PBNETWORKS [email protected] David Dodd 858/220-3278 1928 CHALCEDONY ST SAN DIEGO CA 92109 PHAZER ENERGY INC [email protected] George Bonner 619/270-2282 1374 PRESIOCA ST SPRING VALLEY CA 91977 PHILIP HENRY ARCHITECTURE [email protected] Philip Henry 510/526-7904 1840B ALCATRAZ BERKELEY CA 94703 PICTURE PAINTING & DECORATING, INC. [email protected] Ollie B'Lanton 415/518-9322 934 E Fairview Blvd Inglewood CA 90302 POTHOS INC [email protected] Michael Patton 619/546-0621 1914 Jalisco Rd El Cajon CA 92019 PREMIER MEDICAL ASSOCIATES INC [email protected] Hustues Adams 4074615166 1590 THE ALAMEDA #110 SAN JOSE CA 95126 PRO-CAL LIGHTING INC. Brian Morales 760/696-5580 1155 S Santa Fe Ave. VISTA CA 92083 PROJECT MANAGEMENT COLLABORATIVE [email protected] Aaron Latt 818/947-0818 17547 VENTURA BLVD, ENCINO CA 91316 PROSEED LANDSCAPE AND EROSION [email protected] Don Shanley 707/895-2100 967 HWY 128 PHILO CA 95466 QSI, INC. [email protected] Greg Williams 760/500-1255 1084 N El Camino Real Encinitas CA 92024 QUILLIAM CONSULTING [email protected] James Quilliam 310/546-6276 124 12TH STREET, UNIT B MANHATTAN CA 90266 R.F. MONTGOMERY LLC [email protected] Ray Montgomery 408/582-3624 5655 SILVER CREEK SAN JOSE CA 95138 RASHIDAH'S UNIQUE BROOM-R.U.B., INC. [email protected] Rashidah Abdul-Khaliq 619/347-2434 379 61st Street SAN DIEGO CA 92114 RAYMOND & SONS INC [email protected] C. Elmer Raymond 530/526-5590 PO BOX 181 RED BLUFF CA 96080-0181 RGK TECHNICAL SALES [email protected] Robert Korte 408/396-4745 605 SPAR DR REDWOOD CITY CA 94065

Page 14 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 RHCE, INC [email protected] Robert Heinen 925/817-7719 1734 Alhambra Avenue MARTINEZ CA 94553 RISING EAGLE PARTNERS LLC [email protected] Charles Yocom 714/614-6475 9292 CROSBY AVE GARDEN GROVE CA 92844 RIVERSMITH ENGINEERING INC [email protected] Thomas Smith 916/835-4456 3942 Pozzallo Lane SACRAMENTO CA 95834 ROEBBELEN CONTRACTING INC [email protected] Kenneth Wenham 916/939-4000 1241 HAWKS FLIGHT EL DORADO CA 95762 ROLOFF INTERNATIONAL [email protected] Don Roloff 951/303-0408 36420 DE PORTOLA RD TEMECULA CA 92592 ROSCO CONTRACTING GROUP [email protected] Ross Mayfield III 707/485-4320 7401 Lorene Rd Redwood Valley CA 95470 RUSSBO INC [email protected] Russ Bohart 916/761-4896 69 Lincoln Blvd, Ste A-245 Lincoln CA 95648 S. H. HUBER AND ASSOCIATES, INC. [email protected] Stephen Huber 805/509-9214 1411 EBONY DRIVE OXNARD CA 93030-8797 SCHWAB ENGINEERING INC [email protected] Jerry Schwab 818/624-7621 315 Arden Ave. #26 Glendale CA 91203 SDV SERVICES INC [email protected] Victor Rollandi 510/521-8170 2236 MARINER SQUARE ALAMEDA CA 94501 SEM INCORPORATED [email protected] Shawn Murphy 510/557-1511 190 S Orchard - Suite VACAVILLE CA 95688 SEMPER PARATUS INDUSTRIAL SERVICES [email protected] Mark Warn 707/365-0150 PO BOX 1091 LONG BEACH CA 90801 SERVEXO John Palmer 323/527-9994 879 W. 190TH ST. GARDENA CA 90248 SHIELD PROTECTION & PUBLIC SAFETY, INC. [email protected] Kenneth Lakes 925/308-7778 201 SAND CREEK ROAD BRENTWOOD CA 94513 SIMPLE TECH SOLUTIONS LLC [email protected] Gregory Metcalf 510/685-2599 1430 BEECHWOOD DR MARTINEZ CA 94553 SITECO SERVICES INC [email protected] Raymond Klopf 415-695-2800 PO BOX 882583 SAN FRANCISCO CA 94188 SOFTSTAR RESEARCH, INC. [email protected] David Rubin 503/941-0123 5350 DUNLAY DRIVE, SACRAMENTO CA 95835 SOILS ENGINEERING, INC. (SEI) [email protected] Andrea Fisher 661/831-5100 4400 YEAGER WAY BAKERSFIELD CA 93313 SOLAR ENERGY FIELDS, INC [email protected] Ned Araujo 909/758-8027 8659 Red Oak Street Rancho CA 91730 STAFF TECH INC [email protected] Dan Kohnke 916/932-1230 193 BLUE RAVINE RD FOLSOM CA 95630 STATEWIDE FIRE SUPPORT SERVICES [email protected] Steven Raddigan 209/329-1627 10400 Twin Cities Road Galt CA 95632 STATEWIDE WATER TENDERS [email protected] Steven Raddigan 209/329-1627 10400 Twin Cities Road Galt CA 95632 STEWART MARINE [email protected] Noel Stewart 209-269-1759 PO BOX 1611 JACKSON CA 95642 SUGARPINE ENGINEERING Aaron Lubrano 530/214-0859 12710 Northwoods Blvd TRUCKEE CA 96161 SULLIVAN INTERNATIONAL GROUP INC [email protected] Steven Bonde 619/260-1432 2750 WOMBLE ROAD, SAN DIEGO CA 92106-6111 SUMMIT ENVIRONMENTAL SERVICES, INC. [email protected] Tony Orlando 866/448-3934 7071 WARNER AVE. F353 HUNTINGTON CA 92647 SUNSET CLIFFS PRODUCTIONS Gerald Encoe 619/206-9867 4668 TIVOLI ST SAN DIEGO CA 92107 SUPLOG LLC [email protected] Jeffrey Sotingco 619/370-1377 5785 Blazing Star Lane San Diego CA 92130 SUSTAINABLE GROUP, INC. [email protected] Roger Wykle 925/899-9721 1480 MORAGA RD. SUITE MORAGA CA 94556 SYSTEM SOLUTIONS DVBE INC [email protected] Ginger Sackmann 916-365-6478 2795 E. BIDWELL ST., STE. FOLSOM CA 95630 T AND S DVBE INC [email protected] Taren Forde 530-639-9987 PO BOX 608 Anderson CA 96007 TEHAMA TRANSPORT [email protected] Robert Ascherin 530/529-9770 20065 LIVE OAK RD RED BLUFF CA 96080 THE CLARKE PARTNERSHIP INC [email protected] Chris Clarke 949/293-9553 25862 SAN TROPEZ CT. MISSION VIEJO CA 92692 THE R E M ENGINEERING CO INC [email protected] Manuella Milton 626/296-7200 1575 N LAKE AVE STE 200 PASADENA CA 91104-2340 THE SEVERSON GROUP LLC [email protected] Robert Severson 760/550-9976 310 S TWIN OAKS VALLEY SAN MARCOS CA 92078 TIMBERLINE FIRE RESOURCES [email protected] Ronald Mayer 760.685.0747 P O BOX 747 JULIAN CA 92036 TITANIUM COBRA SOLUTIONS LLC [email protected] Todd Greenwood 855/842-8663 3990 OLD TOWN AVE SAN DIEGO CA 92110 TOPFORM DATA [email protected] Ron Romo 714/921-9500 PO BOX 4399 ORANGE CA 92863-4399 TOURMALINE PROPERTIES, INC. [email protected] Benjamin Ryan 858/431-6102 2079 Garnet Ave San Diego CA 92109 TRANS GLOBAL SHIPPING ALLIANCE, LLC [email protected] William Cordova 949/699-1491 25255 CABOT ROAD LAGUNA HILLS CA 92653 TRAVIS O'FERRALL TRUCKING Travis O'Ferrall 707/357-3333 328 GEORGE PL UKIAH CA 95482 TURNER ORTHOTIC AND PROSTHETICS [email protected] Mark Turner 707/301-8989 413 MELISSA CT VACAVILLE CA 95687 UNITED RODENT & PEST SERVICES INC [email protected] Richard Felter 661/822-1970 785 TUCKER RD, SUITE G TEHACHAPI CA 93561 UNITED SYNERGY CORPORATION [email protected] Edmond Rossovich 530/913-5600 12305 LOCKSLEY LANE AUBURN CA 95602 UPE RESOURCES, INC [email protected] Keri Isbister 714/694-1826 22605 E LA PALMA AVE YORBA LINDA CA 92887 USA EPC GROUP INC [email protected] Alok Chanani 310/999-1567 1233 23rd Street Santa Monica CA 90404 VALUE MANAGEMENT INSTITUTE [email protected] George Bartolomei 858/271-8035 10329 LEAFWOOD PL SAN DIEGO CA 92131-1201 VANGUARD CONSTRUCTION SERVICES INC [email protected] Leonel Alvarado 559/455-1700 5114 E. CLINTON WAY FRESNO CA 93727 VANGUARD GLOBAL SOLUTIONS, INC. [email protected] Michael Sabellico 760/822-9534 1084 NORTH EL CAMINO ENCINITAS CA 92024 VET CORPS CONTRACTING INC [email protected] Brendan Dailey 951/375-4570 41593 WINCHESTER TEMECULA CA 92590 VFORCE INC [email protected] Immanual Kontokanis 866/306-7506 1100 11th street SACRAMENTO CA 95814 VW & ASSOCIATES INC [email protected] Virgal Woolfolk 800.844.9182 PO BOX 71 SUN CITY CA 92586

Page 15 of 16 List of Certified Disabled Veteran Business Enterprise (DVBE) Firms DISCLAIMER Offerors are hereby given notice and advised that the list of certified firms containted herein is made available as a resource for offeror's CONVENIENCE ONLY. Metro explicity expresses that the listing shall not be deemed to be an endoresment of these firms nor shall there be any implied warranty regarding the suitability of these firms to perform on Metro projects. The certification process does not qualify a firm's capability to perform. The certification status of a firm may change or be withdrawn at any time. To verify current certification status, at least 72 hours prior to bid/proposal due date or for additional information regarding DBE eligibility requirements, please contact the Certification Hotline at (916) 375-4940. Metro does not assume any liability for the accuracy, completeness, or inadvertent omission of certified firms. www.dgs.ca.gov

Run Date: 6/4/2018 WEST COAST MATERIALS LLC [email protected] Stephen Hamilton 209/ 777-6269 2190 GUINEVERE CT MERCED CA 95340 WILDCAT INDUSTRIES INC [email protected] Joseph Finneran 949/855-1543 23835 SYCAMORE DR MISSION VIEJO CA 92691 WSC CONSULTING [email protected] William Curry 530/899-8436 17 NORTHWOOD CHICO CA 95973-7213 Research & Development in the Social Sciences & Humanities 6 8 PRODUCTIONS [email protected] Nathan Briles 9167983753 3119 31ST STREET SAN DIEGO CA 92104 BELL FAMILY THERAPY & HEALTH [email protected] William Bell 415.710.9777 328 N SAN MATEO DR SAN MATEO CA 94401 CRS INVESTMENTS [email protected] Christina Silva 562/254-5420 P O BOX 2552 EL SEGUNDO CA 90245 ELITE LEVEL ENTERTAINMENT [email protected] Edwin Emanuel 951/924-3820 15835 OLIVER STREET MORENO CA 92555 EVENTS FOR HEROES [email protected] Arthur Maldonado 7576479292 P.O. BOX 3017 PINEDALE CA 93650 INTEGRITY PUBLIC RELATIONS INC. [email protected] Kenneth Hagihara 949/768-4423 27785 SANTA MISSION VIEJO CA 92691

Page 16 of 16 SECTION 2 – CONTRACT DOCUMENTS This page is intentionally blank LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

RFIQ NO. PS54330

COUNTYWIDE PLANNING & DEVELOPMENT BENCH

FIRM FIXED PRICE CONTRACT

BETWEEN

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

AND

______(NAME OF CONTRACTOR TO BE FILLED IN AT TIME OF AWARD)

TO BE FILLED IN AT TIME OF AWARD

EFFECTIVE DATE

METRO GA18-54 FIRM FIXED PRICE CONTRACT RFIQ NO. PS54330 2-1 PRO FORM 018 ISSUED: 06.06.18 REVISION DATE: 05.31.16 LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FIRM FIXED PRICE CONTRACT

RFIQ NO. PS54330

Between

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY ONE GATEWAY PLAZA LOS ANGELES, CA 90012-2952 and

(NAME OF CONTRACTOR TO BE FILLED IN AT TIME OF AWARD)

COUNTYWIDE PLANNING & DEVELOPMENT BENCH

______

This Contract is entered into by and between the Los Angeles County Metropolitan Transportation Authority (Metro), and ______(Contractor).

In consideration of the mutual covenants of the parties as set forth below, the parties hereby agree as follows:

ARTICLE I: CONTRACT DOCUMENTS ORDER OF PRECEDENCE

A. This Contract includes this Form of Contract and the other following Contract Documents and Attachments, which are incorporated herein and made a part of this Contract.

B. Except as otherwise specified herein, in the event of any conflict, the precedence of the Contract Documents shall be as follows:

1. Form of Contract 2. Regulatory Requirements, (Pro Form 039, Dated 07.24.17) 3. Special Provisions, (Pro Form 089, Dated 02.28.18) 4. General Conditions, (Pro Form 038, Dated 02.09.18) 5. Compensation and Payment Provisions, Firm Fixed Price, (Pro Form 040, Dated 04.20.18) 6. Statement of Qualifications (SOQ 4330, dated 06.04.18) 7. SBE/DVBE Contract Compliance Manual (Non-Federal), (Pro Form 088, Dated 12.30.16) 8. SBE Contract Compliance Manual (Set-Aside), (Pro Form 088B, Dated 12.30.16) 9. Contract Compliance Manual (RC-FTA), (Pro Form 087, Dated 01.11.16) METRO GA18-54 FIRM FIXED PRICE CONTRACT RFIQ NO. PS54330 2-2 PRO FORM 018 ISSUED: 06.06.18 REVISION DATE: 05.31.16 10. Contract Compliance Manual (FHWA), (Pro Form 087B, Dated 04.20.15)

C. An Amendment or Change to this Contract shall take its precedence from the term it amends. All other documents and terms and conditions shall remain unchanged.

ARTICLE II: DEFINITIONS

Capitalized terms, abbreviations and symbols used in this Contract are defined in the Article in the General Conditions entitled GLOSSARY OF TERMS. Additional terms may be defined in the Special Provisions or the Statement of Work.

ARTICLE III: ORDERING

Any supplies and services to be furnished under this Contract shall be ordered by issuance of Task Orders to the individuals or activities designated in this Contract. Such Task Orders may be issued from the effective date of the Contract onward.

All Task Orders are subject to the terms and conditions of this Contract. In the event of conflict between a Task Order and this Contract, the Contract shall control.

ARTICLE IV: ORDER PROCESS

Metro will award Task Orders in accordance with the following procedure:

1. For A&E requirements, each Task Order requirement will be competed among Bench firms qualified for that discipline and each of the qualified firms will be sent a Statement of Work (SOW) for that specific requirement. Bench firms will submit technical proposals. The initial source selection will be made from such technical proposals which will be evaluated according to the pre- established Evaluation Criteria. Cost proposals shall be due at the time oral presentations are scheduled with those proposers identified by Metro. Cost proposals are not a selection factor. Metro will negotiate Cost and Scope only with the highest technically rated firm. Based upon the proposed dollar value of the task, an audit may be necessary. If negotiations are successful, a Task Order will be executed. If Metro cannot come to an agreement on a reasonable price for the negotiated Scope, Metro shall enter into negotiations with the next highest rated Contractor.

For all other efforts, each Task Order requirement will be competed among Bench firms qualified for that discipline and each of the qualified firms will be sent a SOW for that specific requirement. Qualified Bench firms will then submit along with the technical proposal, a complete Firm Fixed Price, Form 60 proposal detailing the proposed costs required to complete the effort indicated in the SOW. A Metro Form 60 Contract Pricing Proposal (Services) must accompany the proposal with the technical proposal. The Task Order award will be made competitively, based on the hours and prices quoted, to the highest evaluated proposer. Awards will be in the form of a Task Order.

METRO GA18-54 FIRM FIXED PRICE CONTRACT RFIQ NO. PS54330 2-3 PRO FORM 018 ISSUED: 06.06.18 REVISION DATE: 05.31.16 Contractors are advised that the submittal of a proposal in response to a SOW must be compliant with the DBE, SBE and/or DVBE goals as set forth in the Task Order. Contractors are further advised that being selected for a place on the Bench does not guarantee the Contractor will receive any Task Orders for work.

The work efforts may be in any of the disciplines stated in the RFIQ SOQ, Contractors for Planning, A&E Services, and Non-A&E Services, and will be defined in the Task Order SOW. The duration of each Task Order shall be stated within the SOW or negotiated. The Task Order performance period may exceed the Bench Contract Period of performance, which is five years, inclusive of two one year options, provided that the Task Order is fully executed and performance started prior to expiration of the Bench Contract.

2. Task Order proposals will be evaluated as follows: a. Ability to meet requirements of the task, including technical effort, schedule, and price. b. Technical Merit to include, but not limited to experience of the proposed contractor staff, mix of labor categories, and such additional factors as defined in the Request for Task Order Proposal. c. The price of the Task Order Proposal will be an evaluation factor for every Task order Proposal, except for A&E requirements. A&E Task Orders will be evaluated on all criteria, except price. 3. Each Task Order request will include the SOW, the evaluation factors, the components of the offer to be submitted, the format for submission, and any other relevant instructions to the Contractor.

4. Metro may negotiate Task Orders on a non-competitive basis when any of the following criteria are determined, at the sole discretion of Metro, to be applicable:

a. The need for the services is of such urgency that providing for a competitive process would result in unacceptable delays.

b. Only one Contractor is capable of providing the services required at the level of quality and/or expertise required because the services are unique or highly specialized.

c. The Task Order should be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on task to a Contract or Task Order already issued on a competitive or negotiated basis.

ARTICLE V: CONTRACT TASK ORDERS

A. The Contractor shall perform services under the contract as set forth in written Contract Task Orders issued by Metro.

B. Each Contract Task Order will include: METRO GA18-54 FIRM FIXED PRICE CONTRACT RFIQ NO. PS54330 2-4 PRO FORM 018 ISSUED: 06.06.18 REVISION DATE: 05.31.16 (1) A numeric designator (2) The period of performance (3) Schedule, with milestones (4) Deliverables (5) A statement or description of the work (6) Contract Task Order price (7) The identity of the Authority Technical and Contract Task Order representative (8) The identity of the Contractors technical and Contract Task Order representative

C. Each Contract Task Order that is issued by Metro shall become a part of the contract.

ARTICLE VI: COMPENSATION

Except as may be otherwise expressly provided, Metro will pay the Contractor the Total Price set forth in each individual Task Order as full payment for performance of the Work in accordance with the terms of the Contract and the specific Task Order.

In consideration of the contract items delivered under each Task Order, Metro shall pay Contractor either a Not to Exceed Price or a Firm Fixed Price, payable in accordance with the Contract Document entitled Compensation and Payment. Each Task Order will indicate the total dollar amount to be paid for that Task Order.

Total compensation for all materials supplied and services performed shall not exceed the total price stated in the Task Order. Any costs incurred in excess of the total amount without the exercise of any option contained in the contract or a prior written amendment or Change Order to the Contract will not be reimbursable costs hereunder, will not be compensated by Metro, and will be at the sole expense of the Contractor.

A. Applications for Progress Payments

All Applications for Progress Payments shall be submitted in writing in accordance with the Contract Documents entitled COMPENSATION AND PAYMENT AND THE SPECIAL PROVISIONS, as applicable, and delivered or mailed to Metro as follows:

Los Angeles County Metropolitan Transportation Authority Accounts Payable P.O. Box 512296 Los Angeles, CA 90051-0296 Contract No. RFIQ No. PS54330 Task Order No. TBD (To be determined at time of Task Order issuance)

METRO GA18-54 FIRM FIXED PRICE CONTRACT RFIQ NO. PS54330 2-5 PRO FORM 018 ISSUED: 06.06.18 REVISION DATE: 05.31.16 B. Final Payment

The Application for Final Payment shall be marked FINAL and a copy sent to Metro’s Authorized Representative.

C. Effective January 1, 2009, Metro started payment of invoices via Electronic Funds Transfer (EFT) which guarantees faster payments and is a more secure and efficient way to make payments. If you have not already done so, you will be required to sign up for EFT, unless you request a waiver in writing. Please call (213) 922-6811, then press option # 7 for EFT forms.

ARTICLE VII: CONTRACT TERM AND PERIOD OF PERFORMANCE

A. The Effective Date of the three (3) year base Contract period is (insert date at time of Contract award). The Period of Performance of Work under Task Orders shall be set forth in the Task Order unless this Contract is terminated earlier or extended by Metro, in writing, as provided in the Contract.

B. The three (3) year base Contract period may be extended for each of two one-year periods for a total potential Contract Term of five (5) years. The two separate one-year options may be exercised at Metro’s sole discretion, with thirty (30) days prior notice to the Contractor.

ARTICLE VIII: LIMITATION OF FUNDS

Funding for resultant Task Orders is based upon the availability of funds determined by Metro's fiscal budget, which runs from July 1 through June 30 of each fiscal year. If funding is not approved for any subsequent fiscal year during which this Contract is in effect, Metro will issue a stop work notice.

Intentionally Left Blank

METRO GA18-54 FIRM FIXED PRICE CONTRACT RFIQ NO. PS54330 2-6 PRO FORM 018 ISSUED: 06.06.18 REVISION DATE: 05.31.16 ARTICLE IX: ENTIRE AGREEMENT

This Contract includes this Form of Contract, all other Contract Documents incorporated pursuant to Article I herein, and all Attachments and other documents incorporated herein by inclusion or by reference, and constitutes the complete and entire agreement between Metro and Contractor and supersedes any prior representations, understandings, communications, agreements or proposals, oral or written.

CONTRACTOR NAME LOS ANGELES COUNTY PHYSICAL ADDRESS METROPOLITAN EMAIL ADDRESS TRANSPORTATION AUTHORITY PHONE NUMBER PHILLIP A. WASHINGTON CHIEF EXECUTIVE OFFICER

BY:______

SIGNATURE OF AUTHORIZED OFFICIAL

BY:______DATE (PRINT OR TYPE NAME) APPROVED AS TO FORM MARY C. WICKHAM TITLE COUNTY COUNSEL

BY: DATE DEPUTY

TAX ID NO.: ______

METRO GA18-54 FIRM FIXED PRICE CONTRACT RFIQ NO. PS54330 2-7 PRO FORM 018 ISSUED: 06.06.18 REVISION DATE: 05.31.16 EXHIBIT A – INSURANCE REQUIREMENTS

Professional Services Contractor

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons, or damages in property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employee or subcontractors. As respects Errors and Omissions, coverage must be maintained, and evidence provided, for two years following the expiration of this contract.

MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG0001) 2. Insurance Services Office form number CA0001 covering Automobile Liability, code 1 (any auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability Insurance

MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be twice the required occurrence limit or $4,000,000. Products/Completed Operations aggregate shall apply separately to this contract/agreement or the aggregate limit shall be twice the required per occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance 4. Professional Liability: $2,000,000 per claim.

OTHER INSURANCE PROVISIONS The insurance policies required per the terms of the contract are to contain, or be endorsed to contain, the following provisions:

1. Los Angeles Metropolitan Transportation Authority, its subsidiaries, officials and employees are to be covered as additional insureds as respects liability arising out of the activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The general liability coverage shall also include contractual, personal injury, independent contractors and broad form property damage liability. The coverage shall contain no special limitations on the scope of protection afforded to LACMTA, its subsidiaries, officials and employees. 2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects LACMTA, its subsidiaries, officials and employees. Any insurance or self-insurance maintained by LACMTA shall be excess of the Contractor’s insurance and shall not contribute with it.

METRO GA18-54 FIRM FIXED PRICE CONTRACT RFIQ NO. PS54330 2-8 PRO FORM 018 ISSUED: 06.06.18 REVISION DATE: 05.31.16 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to LACMTA, its subsidiaries, officials and employees. 4. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to LACMTA. 6. Workers’ Compensation and Employer’s Liability policies shall provide a waiver of subrogation in favor of LACMTA. 7. Professional Liability insurance shall be continued, and evidence provided to LACMTA, for two years following the expiration of the contract or, tail coverage provided for two years in the event of cancellation or non-renewal.

DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to, and amounts over $25,000 approved by LACMTA.

ACCEPTABILITY OF INSURERS Insurance is to be placed with California admitted insurers with a current A.M. Best’s rating of no less than A- VII, unless otherwise approved by LACMTA.

VERIFICATION OF COVERAGE Contractor shall furnish LACMTA with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by LACMTA before work commences. If requested by LACMTA, the Contractor shall submit copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

SUBCONTRACTORS Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsement for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. If requested by LACMTA, the Contractor shall submit copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

METRO GA18-54 FIRM FIXED PRICE CONTRACT RFIQ NO. PS54330 2-9 PRO FORM 018 ISSUED: 06.06.18 REVISION DATE: 05.31.16 REGULATORY REQUIREMENTS

RR-01 ADMINISTRATIVE CODE *

A. Applicability

This Article applies to all contracts.

B. Metro Administrative Code

Contractor warrants and represents that it has read and understands Title 4, Procurement, and Title 5, Ethics, of the Metro Administrative Code (hereinafter “Administrative Code” - available at www.metro.net/images/MTA Administrative Code Enactment.pdf), and will comply with each and every one of those requirements in accordance with their terms to the extent that they are applicable to contractors doing business with Metro. All definitions used in the Administrative Code are hereby incorporated herein as though fully set forth.

Without reducing or affecting its obligation to comply with any and all provision of the Administrative Code, as applicable, Contractor specifically warrants, represents and covenants that it will:

1. Comply with:

a. Chapter 5-20, Contractor Code of Conduct;

b. Chapter 5-25, Lobbying the Metro; and

c. Chapter 5-35, Metro Conflict of Interest Code, and

2. Not induce, attempt to induce, or solicit:

a. Board members to violate Chapter 5-10;

b. Metro employees to violate Chapter 5-15;

c. Metro Financial employees to violate Chapter 5-30: or

d. Either Board members, Metro employees or Metro Financial employees to violate any other provision of the Administrative Code.

C. Compliance with §§1090 et. seq. and §§87100 et. seq. of the California Government Code

Contractor shall comply with all applicable provisions of §§1090 et. seq. and §§87100 et. seq. of the California Government Code. Without reducing or affecting its obligation to comply with any and all of said provisions, Contractor specifically covenants:

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-10 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 1. Contractor shall not cause or permit any member, officer, or employee of Metro to have any financial interest in the Contract;

2. Contractor shall not enter into any Subcontract involving services or property with a person or business prohibited from transacting such business with Metro;

3. Contractor warrants and represents that to its knowledge no Board member, officer, or employee of Metro has any interest, whether contractual, non-contractual, financial or otherwise, in this Contract, or in the business or any other contract or transaction of the Contractor or any Subcontractor and that if any such interest comes to Contractor’s knowledge at any time, Contractor shall make a full and complete disclosure of all such information in writing to Metro.

D. Campaign Contributions

Neither Contractor nor its Agents shall give or offer to give any campaign contribution to any member of Metro’s Board of Directors in violation of California Public Utilities Code §130051.20, California Government Code §§84300 et seq., or the Administrative Code.

E. Environmental Management System (EMS) Policy

Contractor represents that during the performance of the Contract it will assist Metro in achieving the principles of Metro’s EMS Policy, available at Environmental Management System (EMS) Policy and Contractor further commits that it shall adhere to the applicable EMS Policy principles in its choice of means and methods in the performance of the Work.

RR-02 DISCRIMINATION *

A. Applicability

This Article applies to all contracts.

B. In connection with the performance of Work provided for under this Contract, Contractor agrees that it will not, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, medical condition, marital status, sex, sexual orientation, or age, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Federal, State or local laws.

RR-03 WHISTLEBLOWER REQUIREMENTS *

A. Applicability

This Article applies to all contracts.

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-11 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 B. Contractor shall not adopt any rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency, where the employee believes the information discloses violation or noncompliance with a state or Federal regulation; nor shall Contractor retaliate against an employee for taking such actions as set forth in the California Labor Code §1101 et. seq.

RR-04 PUBLIC RECORDS ACT *

A. Applicability

This Article applies to all contracts.

B. Except as otherwise provided herein, all records, documents, drawings, plans, specifications, and all other information relating to the conduct of Metro’s business, including all information and documents submitted by Contractor (“Records”), shall become the exclusive property of Metro and shall be deemed public records. Said Records are subject to the provisions of the California Public Records Act (Government Code §6250 et. seq.). Metro’s use and disclosure of its records are governed by this Act. Metro will use its best efforts to inform the Contractor of any request for any financial records or documents marked “Trade Secret”, “Confidential” or “Proprietary” provided by Contractor to Metro. Metro will not advise as to the nature or content of documents entitled to protection from disclosure under the California Public Records Act.

C. In the event of litigation concerning the disclosure of any Records, Metro’s sole involvement will be as a stakeholder, retaining the Records until otherwise ordered by a court. The submitting party, at its sole expense and risk, shall be fully responsible for any and all fees for prosecuting or defending any action concerning the Records and shall indemnify and hold Metro harmless from all costs and expenses including attorney’s fees in connection with any such action.

RR-05 ACCESS TO RECORDS

A. Applicability

This Article applies to all federally funded contracts.

B. Contractor agrees to provide Metro, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or the FTA’s authorized representatives, including any FTA Project Management Oversight Contractor, access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-12 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

C. If this Contract is for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) and was entered in to through other than competitive bidding, the Contractor shall make records related to this Contract available to Metro, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

D. Contractor shall permit any of the foregoing parties to reproduce without any cost by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

E. Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Metro, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.

RR-06 FEDERAL FUNDING, INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS, AND FEDERAL CHANGES*

A. Applicability

This Article applies to all federally funded contracts.

B. This Contract includes, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008 (including any changes, revisions or successor circulars) is automatically hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Metro requests which would cause Metro to be in violation of the FTA terms and conditions.

This Contract is subject to a financial assistance agreement between Metro and the Federal Transit Administration of the US Department of Transportation and all laws, regulations, guidelines, and provisions of the financial assistance agreement apply to this Contract and are incorporated by reference as if fully set forth herein.

C. Contractor shall at all times comply with all applicable federal laws and regulations, including without limitation FTA regulations, policies, procedures and directives, including those listed directly or by reference in Applicable Grant Agreements between Metro and FTA, as they may be amended or

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-13 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 promulgated from time to time during the term of this Contract collectively “Federal Requirements”. These Federal Requirements may change and the changed Federal Requirements will apply to this Contract as required unless the Federal Government determines otherwise. Contractor's failure to so comply with the Federal Requirements shall constitute a material breach of this Contract.

RR-07 ENERGY CONSERVATION REQUIREMENTS

A. Applicability

This Article applies to all federally funded contracts.

B. Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act 42 USC §6321 et seq.

RR-08 CIVIL RIGHTS REQUIREMENTS *

A. Applicability

This Article applies to all contracts.

B. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, Federal transit law at 49 U.S.C. § 5332, and California Government Code § 12900, et seq., Contractor shall not discriminate against any employee or applicant for employment because of race, color, religious creed, national origin, sex, age, ancestry, use of or eligibility for family and medical care leave, marital status, genetic information, military and veteran status, gender, gender identity, and gender expressions, sexual orientation, medical condition, or disability (mental and physical). In addition, Contractor shall comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

In addition to any other remedies under this Contract, in the event of the Contractor’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such sanctions as it or the FHWA may determine to be appropriate, including but not limited to:

1. Withholding of payments to Contractor under the Contract within a reasonable period of time, not to exceed 90 days; and/or

2. Cancellation, termination or suspension of the Contract, in whole or in part.

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-14 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 C. Equal Employment Opportunity

1. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, Contractor shall comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Part 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of the Contract, as well as California Government Code § 12900, et seq. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, national origin, sex, or age, ancestry, use of or eligibility for family and medical care leave, marital status, genetic information, military and veteran status, gender, gender identity, and gender expressions, sexual orientation, medical condition, or disability (mental and physical). Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, assignment of duties, recruitment or recruitment advertising, layoff or terminate on; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor shall comply with any implementing requirements FTA may issue.

2. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, Contractor shall refrain from discrimination against present and prospective employees for reason of age. In addition, Contractor shall comply with any implementing requirements FTA may issue.

3. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, Contractor shall comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, Contractor shall comply with any implementing requirements FTA may issue.

RR-09 NO GOVERNMENT OBLIGATION TO THIRD PARTIES *

A. Applicability

This Article applies to all federally funded contracts.

B. Notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award this Contract, absent the express written consent METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-15 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to Metro, Contractor, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from this Contract.

Contractor shall include this Article in each Subcontract and shall not modify the Article, except to identify the Subcontractor who will be subject to its provisions.

RR-10 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS *

A. Applicability

This Article applies to all federally funded contracts.

B. The provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, shall apply to actions pertaining to this Contract. Upon execution of this Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining this Contract or the FTA assisted project for which this Contract work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

C. Contractor also acknowledges that this Contract is connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307 and if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on Contractor, to the extent the Federal Government deems appropriate.

D. Contractor shall include this Article in each subcontract financed in whole or in part with Federal assistance provided by FTA. Contractor shall not modify the Article, except to identify the Subcontractor who will be subject to the provisions.

RR-11 SUSPENSION AND DEBARMENT*

A. Applicability

This article applies to federally funded contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services.

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-16 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 B. This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, Contractor shall verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

Contractor shall comply with 49 CFR 29, Subpart C and shall include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

C. By entering into this Contract, Contractor certifies that it shall comply with the requirements of 49 CFR 29, Subpart C throughout the period of this Contract.

This certification is a material representation of fact relied upon by Metro. If it is later determined that Contractor knowingly rendered an erroneous certification, in addition to remedies available to Metro, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

RR-12 RECYCLED PRODUCTS

A. Applicability

This Article applies to federally funded operations/management, construction, or materials & supplies contracts for items designated by the Environmental Protection Agency, when procuring $10,000 or more per year.

B. To the extent practicable and economically feasible, a competitive preference shall be given for products and services that conserve natural resources and protect the environment and are energy efficient.

RR-13 CLEAN WATER AND CLEAN AIR REQUIREMENTS*

A. Applicability

This Article applies to all federally funded contracts over $100,000.

B. CLEAN WATER REQUIREMENTS

Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and all applicable clean water standards of the State of California and any state or local agency having jurisdiction. Contractor shall report each violation to Metro. Metro will, in turn, report each violation as required to FTA and the appropriate EPA Regional Office, and all other agencies having jurisdiction.

C. CLEAN AIR

Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-17 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 and all applicable Clean Air Standards of the State of California or any state or local agency having jurisdiction. Contractor shall report each violation to Metro. Metro will, in turn, report each violation as required to FTA, the appropriate EPA Regional Office and all other agencies having jurisdiction.

RR-14 COMPLIANCE WITH FEDERAL LOBBYING POLICY *

A. Applicability

The following Article applies to federally funded contracts over $100,000.

B. The Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, requires that Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, attached hereto as the certification entitled, "Certification of Compliance with Federal Lobbying Requirements." As set forth in the certifications, each tier of subcontractors shall certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures shall be forwarded from tier to tier up to Metro.

RR-15 BUY AMERICA *

A. Applicability

The following Article applies to federally funded rolling stock purchase and construction contracts over $100,000 and to contracts over $100,000 for materials & supplies for steel, iron, or manufactured products.

B. Contractor shall comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver.

Metro may investigate Contractor's, any Subcontractor's, and any Supplier's compliance with this Article. If an investigation is initiated, Contractor, Subcontractor, or Supplier shall document its compliance, in accordance with 49 CFR 661.15, and cooperate with the investigation. Contractor shall incorporate the Buy America conditions set forth in this Article in every subcontract or purchase order and shall enforce such conditions.

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-18 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 RR-16 CARGO PREFERENCE*

A. Applicability

The following Article applies to federally funded contracts involving equipment, materials, or commodities which may be transported by ocean vessels

B. USE OF UNITED STATES FLAG VESSELS

Contractor shall use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels

Contractor shall furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the Metro (through Contractor in the case of a subcontractor's bill-of-lading.)

Contractor shall include these requirements in all subcontracts issued pursuant to this Contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

RR-17 FLY AMERICA

A. Applicability

This Article applies to federally funded contracts if the contract or subcontracts may involve the international transportation of goods, equipment, or personnel by air.

B. Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor agrees to include the

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-19 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 requirements of this section in all subcontracts that may involve international air transportation.

RR-18 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT *

A. Applicability

This Article applies to federally funded construction contracts over $100,000 (including ferry vessels), rolling stock purchases over $100,000 and to operations/management contracts over $100,000 (except transportation services)

B. Pursuant to the Labor Standards Provisions Applicable to Non-construction Contracts subject to the Federal Contract Work Hours and Safety Standards Act, 40 U.S.C.A. § 327 through 332 as implemented by U.S. Department of Labor regulations, 29 CFR 5.5 (b) and (c) Contractor and Subcontractor’s contracting for any part of the Contract work shall comply with the following:

1. Overtime requirements – Neither Contractor nor any Subcontractor contracting for any part of the Contract work that requires or involves the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages – In the event of any violation of the Article set forth in paragraph 1 of this Section Contractor and any Subcontractor responsible therefore shall be liable for the unpaid wages. In addition, Contractor and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the Article set forth in paragraph 1 of this Section, in the sum of ten dollars ($10) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the Article set forth in paragraph 1 of this Section.

3. Withholding for unpaid wages and liquidated damages – Metro shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by Contractor or Subcontractor under the Contract or any other Federal contract with Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the Article set forth in paragraph 2 of this Section. METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-20 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 4. Subcontracts – Contractor or Subcontractor shall insert in any Subcontracts the Articles set forth in this Section and also a Article requiring the Subcontractors to include these Articles in any lower tier Subcontracts. Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the Articles set forth in this Section.

5. Payrolls and basic records – The records to be maintained hereinabove shall be made available by Contractor or Subcontractor for inspection, copying, or transcription by Metro and U.S. Dept. of Labor. Contractor and Subcontractor shall maintain payrolls and basic records during the course of the work and shall preserve them for a period of three (3) years from the completion of the Contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid.

RR-19 SEISMIC SAFETY

A. Applicability

This Article applies to federally funded Architect & Engineer contracts for the design of new buildings or additions to existing buildings and to contracts for the construction of new buildings or additions to existing buildings.

B. Any new building or addition to an existing building shall be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and Contractor shall certify to compliance to the extent required by the regulation. Contractor shall ensure that all work performed under this Contract, including work performed by a Subcontractor, is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.

RR-20 ADA ACCESS

A. Applicability

This Article applies to federally funded Architect & Engineer, Operations/Management, Rolling Stock Purchase, and Construction contracts

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-21 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 B. Access Requirements for Persons with Disabilities

Contractor shall comply with:

1. The requirements of 49 U.S.C. § 5301(d), which states the Federal policy that elderly persons and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement that policy;

2. All applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps;

3. The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act;

4. The Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act; and

5. All applicable requirements of the following regulations and any subsequent amendments thereto:

(1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37;

(2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;

(3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;

(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35;

(5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;

(6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19;

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-22 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 (7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630;

(8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and

(9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194; and

(10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609;

(11) Any implementing requirements FTA may issue.

RR-21 ALCOHOL AND DRUG-FREE WORKPLACE PROGRAM *

A. Applicability

This Article applies to federally funded contracts for transit operations.

B. FTA Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations Regulations

Contractor and its Subcontractors shall comply with the FTA anti-drug and alcohol misuse regulations (49 CFR Part 655) and the U.S. Department of Transportation (DOT) Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40) to the full extent that they are, by their terms, applicable to Contractor and its Subcontractors. The regulations apply to all “contractors” that have “covered employees” that perform “safety sensitive functions” as those terms are defined in the regulations.

C. Certificate of Compliance

The CERTIFICATE OF COMPLIANCE WITH 49 CFR PARTS 655, PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT, submitted by Contractor prior to award, is incorporated as part of the Contract Documents.

D. Drug and Alcohol Testing Program

In the event that any part of the Work under this Contract falls within the scope of 49 CFR Part 655, Contractor, and its Subcontractors (as applicable), shall implement all programs required under the regulations, including without limitation, a Drug and Alcohol Testing Program and an anti-drug use and alcohol misuse program, in full compliance with the regulations.

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-23 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 E. Alcohol and Drug Free Workplace Program

In addition to the above, for Work performed on Metro property, Contractor shall provide an Alcohol and Drug-free Workplace Program in accordance with FTA requirements found at http://transit- safety.volpe.dot.gov/DrugAndAlcohol/default.aspx.

RR-22 TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS *

A. Applicability

Subject to the limitations in Sections B, C and D, this Article applies if this Contract involves transit operations to be performed by employees of a Contractor recognized by FTA to be a transit operator, and if FTA has determined that it is financed in whole or in part with Federal assistance.

B. General Transit Employee Protective Requirements

If FTA has determined that this Contract involves transit operations financed in whole or in part with Federal assistance (other than Federal assistance authorized by 49 U.S.C. § 5310(a)(2) or 49 U.S.C. § 5311), and if the U.S. Secretary of Transportation has determined that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for Metro under this Contract, then Contractor shall perform the transit operations work under the Contract in compliance with terms and conditions, (a) determined by the U.S. Secretary of Labor to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. Department of Labor (“U. S. DOL”) guidelines at 29 C.F.R. Part 215, and any amendments thereto, and (b) stated in a U. S. DOL letter of certification to FTA, the date of which is set forth in the applicable Grant Agreement or Cooperative Agreement with Metro, and which is incorporated in the Form of Contract as a Contract Document entitled “U. S. DOL Certification”.

C. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities

If FTA has determined that this Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for Metro under the Contract, Contractor shall perform the Work in compliance with the terms and conditions determined, (a) by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto, and (b) stated in the U.S. DOL's letter of certification to FTA, the date of which is set forth in the applicable Grant Agreement or Cooperative Agreement with Metro, and which is incorporated in the Form of Contract as a Contract Document entitled “U. S. DOL Certification”.

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-24 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 D. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas

If FTA has determined that this Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, Contractor shall comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.

E. Indemnity

Contractor shall defend, indemnify and hold harmless Metro, and its Board Members, employees and agents from and against all liability, claims, demands actions, costs, judgments, penalties, damages, losses and expenses arising out of or in connection with Contractor’s failure to comply with or failure to carry out its responsibilities under all applicable provisions of Sections B, C and D of this Article.

RR-23 CHARTER SERVICE OPERATIONS

A. Applicability

This Article applies to federally funded Operational Service Contracts.

B. Contractor shall comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation.

RR-24 SCHOOL BUS REQUIREMENTS

A. Applicability

This Article applies to federally funded Operational Service Contracts

B. Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities.

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-25 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 RR-25 FEDERAL PATENT AND DATA RIGHTS*

A. Applicability

This Article applies to each contract involving experimental, developmental or research work and for which the purpose of the FTA grant is to finance the development of a product or information.

B. Subject Data

The term "Subject Data" used in this Article means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "Subject Data" does not include financial reports, cost analyses, and similar information incidental to contract administration.

C. Restrictions on Subject Data

The following restrictions apply to all Subject Data first produced in the performance of the Contract:

1. Except for its own internal use, metro or Contractor may not publish or reproduce Subject Data in whole or in part, or in any manner or form, nor may metro or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution.

2. In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any Subject Data or copyright described in subparagraphs C.2(a) and C.2(b) of this Paragraph C.2. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party.

(a) Any Subject Data developed under the Contract, whether or not a copyright has been obtained; and

(b) Any rights of copyright purchased by metro or Contractor using Federal assistance in whole or in part provided by FTA. METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-26 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 3. When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, Metro and Contractor performing experimental, developmental, or research work required by the Contract shall permit FTA to make available to the public, either FTA's license in the copyright to any Subject Data developed in the course of the Contract, or a copy of the Subject Data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become Subject Data and shall be delivered as the Federal Government may direct. This Paragraph C.3 shall not apply to adaptations of automatic data processing equipment or programs for Metro’s or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects.

4. Unless prohibited by state law, upon request by the Federal Government, Metro and Contractor shall indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Metro or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Contract. Neither Metro nor Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agent of the Federal Government

5. Nothing contained in this Article shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.

6. Data developed by Metro or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the Contract is exempt from the requirements of Paragraphs 2, 3, and 4 of this Article, provided that Metro or Contractor identifies that data in writing at the time of delivery of the Contract Work.

D. Patent Rights

If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the Contract, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, Metro and Contractor shall take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-27 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 E. Provision of Rights in Invention to Federal Government

Unless the Federal Government later makes a contrary determination in writing, irrespective of Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), Metro and Contractor shall take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.

RR-26 PUBLIC WORKS CONTRACTOR REGISTRATION LAW

This Contract is subject to the provision of California Law regarding Public Works, including, but not limited to California Labor Code. Contractors seeking to perform work on Metro’s state/local and federally funded public works contracts are now subject to registration requirements in order to bid or perform work on state and local public works projects (as defined under the California Labor Code).

Contractors must meet a set of minimum qualifications to be registered as eligible to bid and work on state and local public works projects. Those qualifications are currently:

 Must have workers’ compensation coverage for any employees and only use subcontractors who are registered public works contractors.  Must have Contractors State License Board license if applicable to trade.  Must have no delinquent unpaid wage or penalty assessments owed to any employee or enforcement agency.  Must not be under federal or state debarment.  Must not be in prior violation of this registration requirement once it becomes effective. However, for the first violation in a 12 month period, a contractor may still qualify for registration by paying an additional penalty.

Metro shall not accept any bid nor award any contract without proof of the contractor’s and subcontractor’s current registration.

The California Department of Industrial Relations (DIR) will post a list of registered contractors and subcontractors on its website so that awarding bodies and contractors will be able to comply with requirements to only use registered contractors and subcontractors.

This Contract is subject to compliance monitoring and enforcement by the DIR.

Contractors and subcontractors on all public works projects will be required to submit electronic certified payroll records (CPRs) to the California Labor Commissioner unless excused from this requirement. Contractor and subcontractors are required to submit CPRs directly to Metro, as well.

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-28 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 Prime contractors will be required to ensure that their subcontractors subject to this requirement are properly registered with the DIR. Contractors that hire unregistered subcontractors are subject to penalties up to $10,000.

Small Project Exemption Contractors who work exclusively on small public works projects are not required to register as a public works contractor or file electronic certified payroll reports with the State for those projects. Note, these limits are for total project budgets, not individual subcontract prices. Contractors are still required to submit certified payroll records and accompanying documents to Metro. Contractors must also provide these documents to the California Labor Commissioner’s Office upon request. The small project exemption applies for all public works projects that do not exceed:

• $25,000 for new construction, alteration, installation, demolition or repair • $15,000 for maintenance

Information regarding the DIR’s Contractor Registration Database can be accessed here: http://www.dir.ca.gov/Public-Works/Contractors.html

The website to register or renew your registration can be accessed here: https://efiling.dir.ca.gov/PWCR/

The website to check you or your subcontractor’s registration status can be accessed here: https://efiling.dir.ca.gov/PWCR/Search

RR-27 COMPLIANCE WITH CALIFORNIA HEALTH AND SAFETY CODE (HSC) §25250.51

A. Applicability

This article applies to all contracts containing motor vehicle brake friction materials as listed in the sections in this regulatory requirement.

B. Contractor shall comply with California SB 346 adding §25250.51 to the California Health & Safety Code as follows: 1. On or after January 1, 2014, any motor vehicle brake friction materials containing any of the following constituents in an amount that exceeds the following concentrations shall not be sold in this state:

i.Cadmium and its compounds: 0.01% by weight; ii.Chromium (VI)- salts: 0.1% by weight; iii.Lead and its compounds: 0.1% by weight; iv.Mercury and its compounds: 0.1% by weight; and v.Asbestiform fibers: 0.1% by weight

2. The brake constituents shall not contain any Lead or Asbestos.

END OF REGULATORY REQUIREMENTS

METRO GA18-54 REGULATORY REQUIREMENTS RFIQ NO. PS54330 2-29 PRO FORM 039 ISSUED: 06.06.18 REVISION DATE: 07.24.17 SPECIAL PROVISIONS (SERVICES)

All Articles, Subarticles, or portions of the Contract noted by an asterisk (*) shall be included in all Subcontracts of any tier.

SP-01 SBE SET- ASIDE

Metro has determined that this solicitation may be subject to Small Business Enterprise (SBE) Set-Aside under the following circumstance.

1. If there are fewer than three (3) Metro SBE firms qualified for the Bench discipline, the SBE Set-Aside Program does not apply. 2. If, as the result of a Task Order solicitation to Metro certified SBEs, no certified Metro SBEs are responsive, responsible, or do not meet the minimum qualification requirements to perform the work, then the SBE Set- Aside Program does not apply and the solicitation may be opened up to all qualified firms within the Bench discipline.

The Contractor shall perform a Commercially Useful Function throughout the performance of the Contract. The Contractor shall comply with the SBE Program requirements provided in the Contract Compliance Manual Federal or Non- Federal.

SP-02 DBE PARTICIPATION

A. Disadvantaged Business Enterprise (DBE) goals will be established per task order. DBE commitments will be based on the total contract of price of each task order award. Achievement of the DBE commitment will be measured by the total amount paid for Work completed by firms identified as race- conscious (RC) DBEs.

B. Bidders/Proposers must meet or exceed the DBE goal, established per task order, at the time of bid/proposal submittal. If the RC DBE goal is not met at the time of bid/proposal submittal, Bidder/Proposer must submit Good Faith Efforts (GFE) documentation with its bid/proposal. Bidder/Proposers determined to have not adequately documented GFE will be deemed non- responsive to the RC DBE goal. Bidders/Proposers are referred to the DBE Instructions to Bidders/Proposers for additional GFE requirements.

C. Achievement of the DBE commitment will be measured by the total amount paid for the work completed by DBEs.

D. To obtain an accurate record of the contractor’s performance towards meeting it’s DBE commitments. The Contractor shall utilize LACMTA’s web-

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-30 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 based Small Business Compliance Reporting System (SBCRS) to report DBE and non DBE payments, change orders and all other reporting activities, throughout the performance of the contract. The Contractor is to maintain an accurate listing of all DBE and non DBE firms in the SBCRS. SBCRS provides online webinar training for the Contractor, subcontractors, suppliers, brokers, and truckers, login and password information, at no additional cost to the Contractor or its subcontractors, suppliers, brokers or truckers. The Contactor must complete monthly reports of DBE payments, change orders and other required information by the 15th of each month. Administration sanctions shall be assessed for failure to comply as identified in the Contract Compliance Manual (Federal).

E. The Contractor is responsible for ensuring that all subcontractors, suppliers, brokers, and/or truckers (at all tiers) participate in the SBCRS based webinar trainings to comply with the verification of payments and other related reporting requirements through the software system.

F. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of Metro’s DBE Program. Failure by the Contractor to carry out the DBE requirements is a material breach of this contract, which may result in the termination of this contract or other administration sanction set forth in the Contract as identified in the Contract Compliance Manual (RC-FTA or FHWA).

G. Failure to meet DBE commitments and/or DBE contract requirements may result in administrative sanctions, as set forth in the Contract Compliance Manual (RC-FTA or FHWA).

SP-03 SBE/DVBE PARTICIPATION

A. Small Business Enterprise (SBE) and Disabled Veteran Business Enterprise (DVBE) goals will be established per task order. SBE/DVBE commitments will be based on the total contract of price of each task order award. Bidders/Proposers must meet or exceed the SBE/DVBE goal, established per task order, at the time of bid/proposal submittal.

B. Achievement of the SBE/DVBE commitment will be measured by the total amount paid for the work completed by SBE/DVBEs.

C. To obtain an accurate record of the contractor’s performance towards meeting it’s SBE/DVBE commitments. The Contractor shall utilize LACMTA’s web-based Small Business Compliance Reporting System (SBCRS) to report SBE/DVBE and non SBE/DVBE payments, change orders and all other reporting activities, throughout the performance of the contract. The Contractor is to maintain an accurate listing of all SBE/DVBE and non SBE/DVBE firms in the SBCRS. SBCRS provides online webinar training for the Contractor, subcontractors, suppliers, brokers, and truckers, login and password information, at no additional cost to the Contractor or its subcontractors, suppliers, brokers or truckers. The Contactor must complete monthly reports of SBE/DVBE payments, change orders and other required METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-31 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 information by the 15th of each month. Administration sanctions shall be assessed for failure to comply as identified in the Contract Compliance Manual (Non-Federal).

D. The Contractor is responsible for ensuring that all subcontractors, suppliers, brokers, and/or truckers (at all tiers) participate in the SBCRS based webinar trainings to comply with the verification of payments and other related reporting requirements through the software system.

E. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of Metro’s SBE/DVBE Program. Failure by the Contractor to carry out the SBE/DVBE requirements is a material breach of this contract, which may result in the termination of this contract or other administration sanction set forth in the Contract as identified in the Contract Compliance Manual (Non-Federal).

F. Failure to meet SBE/DVBE commitments and/or SBE/DVBE contract requirements may result in administrative sanctions, as set forth in the Contract Compliance Manual (Non-Federal).

SP-04 ORGANIZATIONAL CONFLICTS OF INTEREST*

This Contract is subject to the restrictions against organizational conflicts of interest promulgated by the Federal Transit Administration in FTA Circular 4220.1F dated November 1, 2008 or successor circulars. Contractor and its Subcontractors shall at all times comply with such restriction in connection with the Services it provides to and on behalf of LACMTA. Without limiting the generality of the foregoing, Contractor shall not provide Services to LACMTA, under this Contract, which would constitute or create an organizational conflict of interest, including but not limited to any of the following that could result in a lack of impartiality or impaired objectivity, unequal access to information, and biased ground rules, for this Contract or any other contract for LACMTA:

A. Influenced Specifications or Statement of Work The Contractor's prior work product, whether it is performed on behalf of LACMTA or another public or private entity, has been relied upon in establishing, or significantly influenced, the specifications or Statement of Services under this Contract.

B. Opportunity to Create Contracting Opportunities The Contractor's prior work product, whether it is performed on behalf of LACMTA or another public or private entity, afforded an opportunity for the Contractor to make or influence findings with respect to this Contract.

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-32 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 C. Evaluation of Prior Work Product The Contractor would be in position to evaluate its own prior work product as part of this Contract, whether the prior work product is performed on behalf of LACMTA or another public or private entity; or as part of this Contract the Contractor would be in a position to assess its prior work product whether or not it was performed on behalf of LACMTA or another public or private entity.

D. Access to Information The Contractor received confidential or other information as part of the services performed for LACMTA or another public or private entity which provides the Contractor with an unfair competitive advantage to obtain this Contract or another contract with LACMTA.

SP-05 NOTICES AND SERVICE THEREOF*

A. Any Notice legally required to be given by one party to another under the Contract, including but not limited to those regarding interpretation of the Contract or changes thereto, shall be in writing and dated. The Notice shall be signed by the party giving such Notice or by a duly authorized representative of such party.

B. Notices shall not be effective for any purpose whatever unless enclosed in a sealed envelope and transmitted by registered mail or any certifiable delivery service addressed to:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952

Attention: Lily Lopez, Contract Administration Manager Contract No. RFIQ No. PS54330

C. All Notices to the Contractor will be enclosed in a sealed envelope and transmitted by personal delivery to the Contractor or its authorized representative or by registered mail or any certifiable delivery service addressed as follows:

(Information will be incorporated at time of award)

D. Any Notice of changes of address shall be given according to the provisions of this Special Provision.

SP-06 APPROVED SUBCONTRACTORS AND SUPPLIERS*

Services License Type DBE/SBE/ Subcontractor Performed and Number DVBE

Name Address Phone

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-33 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 DBE/SBE Supplier Material Supplied /DVBE

Name Address Phone (Information will be incorporated at time of award)

SP-07 RELEASE OF INFORMATION*

The Contractor shall not publish information or technical data acquired or generated by the Contractor in performing the Contract until such time as such information or technical data is released in published reports by the Los Angeles County Metropolitan Transportation Authority (Metro).

SP-08 ORDERING (FOR INDEFINITE DELIVERY/QUANTITY CONTRACTS) - RESERVED

SP-09 INSURANCE (RESERVED)

SP-10 WORKSITE ACCESS/RESTORATION (JANUARY 2002)

For Contracts dealing with hazardous materials

LEGAL ACCESS

Metro will be responsible for, and provide legal access to, the hazardous locations, if applicable. It will be the Contractor's responsibility to comply with the terms of the access agreements, which are provided elsewhere under the Contract.

WORKSITE ACCESSIBILITY

It will be the Contractor's responsibility to determine accessibility to the Worksites with equipment proposed for use on the project. Some adjustment in Worksite locations can and will be made upon the approval of Metro to avoid obstructions or to allow better accessibility for equipment.

WORKSITE RESTORATION

Worksite Restoration will be accomplished by the Contractor (in the event the Contractor's, or Subcontractor's, vehicle, equipment or personnel disturb the Worksites) in accordance with the Scope of Work and upon the completion of Services at the Worksite or as further directed by Metro.

SP-11 LOSS PREVENTION

A. In performing the Contract, the Contractor shall at a minimum provide for protecting the lives and health of employees and other persons; preventing METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-34 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 damage to property, goods; and avoiding work interruptions. For these purposes, the Contractor shall:

1. Provide appropriate safety barricades, signs, and signal lights;

2. Comply with the safety policies of Metro and all applicable laws, standards, codes, rules, and regulations;

3. Take additional measures Metro determines are reasonably necessary for this purpose. This determination, when delivered to the Contractor or the Contractor's Authorized Representative at the Worksite, shall be deemed sufficient Notice of the noncompliance and corrective action required. After receiving the determination, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly, Metro may issue an order stopping all or part of the Services or Work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances.

4. Maintain an accurate record of exposure data on all occurrence incident to Services performed under the Contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment. The Contractor shall report this data in the manner prescribed by Metro; and

5. Be responsible for its Subcontractor's compliance with this article.

SP-12 CONTRACTOR EQUIPMENT*

The Contractor shall be responsible for the maintenance of all equipment. Necessary ancillary equipment will also be kept in good repair and operating condition to ensure that Contractor's operations will proceed in an efficient and effective manner. Equipment substitutions may be made only with the consent of Metro.

SP-13 FINAL PAYMENT BOND

Contractor may post a final payment bond satisfactory to Metro to insure that the Contractor will pay all sums due to Metro as a result of the final audit of the Contract/Task Order. Upon the posting of the final payment bond, Metro will make final payment to the Contractor thirty (30) days after the presentation of the final payment application to Metro. In the event Contractor fails to post a final payment bond, Metro will make final payment thirty (30) days after completion of the final audit.

SP-14 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

For contracts dealing with hazardous materials

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-35 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 Without limiting the requirements contained elsewhere in the Contract:

A. The Contractor agrees to submit a Material Safety Data Sheet (Department of Labor Form OSHA-20), as prescribed in Federal Standard No. 313B, for all hazardous substances five (5) days before delivery of the substance, whether or not listed in Appendix A of the Standard. This obligation applies to all substances delivered under the Contract which will involve exposure to hazardous substances or items containing these substances.

B. "Hazardous substance", as used in this clause, is as defined in the Special Provision entitled SCOPE SPECIFIC DEFINITIONS.

C. Neither the requirements of this article nor any act or failure to act by Metro shall relieve the Contractor of any responsibility or liability for the safety of Metro, Contractor, or Subcontractor personnel or property.

D. Nothing contained in this article shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous substances.

E. Metro's rights in data furnished under the Contract with respect to hazardous substances are as follows:

1. To use, duplicate, and disclose any data to which this article is applicable. The purposes of this right are to:

a. apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous substance; b. obtain medical treatment for those affected by the substance; and c. have others use, duplicate, and disclose the data for Metro for these purposes.

2. To use, duplicate, and disclose data furnished under this article, in accordance with sub-subarticle E.1 above, in precedence over any other article of the Contract providing for rights in data.

3. That Metro is not precluded from using similar or identical data acquired from other sources.

4. That the data shall not be duplicated, disclosed, or released outside Metro, in whole or in part for any acquisition or manufacturing purpose.

5. The Contractor shall insert this article, including this paragraph, with appropriate changes in the designation of the parties, in subcontracts at any tier (including purchase designations or purchase orders) under the Contract involving hazardous material.

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-36 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 6. The term Hazardous Substances means any substance, material or waste, exposure to which results or may result in adverse effects on health or safety, including, without limitation, any substance defined as a hazardous substance under § 101 (14) of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, or under § 25316 and 25317 of the California Health Safety Code, any substance or waste defined as a hazardous substance or hazardous waste under 8 CFR Part 5192 or 29 CFR Part 1910, and 29 CFR Part 1926, any substance, material or waste listed by the U.S. Department of Transportation and regulated as hazardous materials under 49 CFR Part 172.101 and appendices, any substance, material or waste requiring hazardous Substance Removal (as defined below), Asbestos and petroleum and petroleum by-products, waste, oil, crude oil and natural gas, lead and lead-based paint surfaces as defined in 24 CFR Part 570.608.

7. The Contractor may encounter Hazardous Substances, Asbestos, Gas Casings or USTs, lead or lead-based paint surfaces in structures, demolition materials and soils requiring Hazardous Waste Operations as defined by CAL/OSHA. All Hazardous Waste Operations are expressly excluded from this Contract and shall not be performed by Contractor under this Contract. Metro will furnish a specialty contractor to perform all Hazardous Waste Operations. In the event of a discovery of a condition requiring Hazardous Waste Operations, Contractor shall cease demolition operations and continue Work in unaffected areas until Metro has remedied the hazard. Measurement of delay time will be defined in a Change Order issued by Metro under the General Conditions Article entitled CHANGES.

SP-15 CONTRACT SPECIFIC DEFINITIONS*

For Contracts dealing with hazardous materials

The General Conditions Article entitled GLOSSARY OF TERMS is modified to incorporate the definitions:

A. Hazardous Substances: Any substance, material or waste, exposure to which results or may result in adverse effects on health or safety, including, without limitation: any substance defined as a hazardous substance under Section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, Title 26 USC § 4611, and Title 42 USC § 9601, as amended, or under § 25316 and 25317 of the California Health and Safety Code; any substance or waste defined as a hazardous substance or hazardous waste under 8 CFR Part 5192, or 29 CFR Part 1910, and 29 CFR Part 1926; any substance, material or waste listed by the U.S. Department of Transportation and regulated as hazardous materials under 49 CFR Part 172.101 and appendices (as amended, modified or replaced from time to time); any substance, material or waste requiring Hazardous Substance Removal (as defined below), Asbestos and petroleum and

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-37 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 petroleum by-products, waste oil, crude oil and natural gas; and designated wastes per Title 23, California Code of Regulations, Chapter 15, Article 2.

B. Hazardous Waste: Any waste or combination of wastes as defined in 40 CFR Part 261.3, or regulated as hazardous waste in California pursuant to California Health and Safety Code, Chapter 6.5, Division 20, or defined as hazardous waste in 40 CFR Part 171.8, or listed by the U.S. Department of Transportation and regulated as hazardous under 49 CFR Part 172.101 and appendices (as amended, modified or replaced from time to time).

C. Disposal Facilities: Includes, but is not limited to, Metro or Contractor contracted disposal facility, recycling facility, or treatment facility. D. Generator: A generator as defined in 40 CFR § 260.10, as amended from time to time or replaced under RCRA.

SP-16 CLEAN UP

Without limiting the requirements contained elsewhere in the Contract:

A. The Contractor shall at all times keep the Worksite, including storage areas, free from accumulations of waste materials. Before completing the Services, the Contractor shall remove from the Worksite any rubbish, tools, scaffolding, goods that are not the property of Metro. Upon completing the Services, the Contractor shall leave the Worksite in a clean, neat, and orderly condition satisfactory to Metro.

SP-17 PROTECTION OF METRO STRUCTURES, EQUIPMENT, AND VEGETATION

A. The Contractor shall use reasonable care to avoid damaging existing structures, equipment, and vegetation on Metro Worksite. If the Contractor's failure to comply with the requirements of the Contract or failure to use reasonable care in performing the Services and causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to Metro. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the costs incurred by Metro to effect the repairs or replacement. The costs may be deducted from the Total Contract Price.

SP-18 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS* For geotechnical, environmental and project study contracts

A. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the Worksite, which are not to be removed and which do not unreasonably interfere with the Services required to be performed under the Contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during Contract performance, or by the careless operation of

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-38 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Metro.

B. The Contractor shall protect from damage all existing improvements and utilities:

1. At or near the Worksite, and

2. On adjacent property of a third party, the locations of which are made known to or should be known by the Contractor.

C. The Contractor shall replace or repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of the Contract or failure to exercise reasonable care in performing the Services at no cost to Metro. If the Contractor fails or refuses to repair the damage promptly, Metro may have the necessary services performed and charge the cost to the Contractor.

SP-19 ALLOWABILITY, ALLOCABILITY & REASONABLENESS DEFINITIONS*

A. This clause is intended to clarify and further define the allowability, allocability and reasonableness of costs. It is not all-inclusive and is not intended to modify and/or interpret the Federal Acquisition Regulation (FAR) requirements or conflict with any other Contract terms and conditions. Metro has the right to determine the allocability, allowability and reasonableness of all costs incurred by Contractor under the Contract. If Contractor disputes Metro’s findings, Contractor may file a dispute under the Article entitled RESOLUTION OF DISPUTES. The allowability, allocability and reasonableness of reimbursable costs claimed under the Contract will include the following considerations:

B. Allowability of costs is determined using FAR Subpart 31.204, Compensation and Payment Provisions, Generally Accepted Accounting Principles (GAAP) (promulgated by the AICPA) and any Advance Cost Understanding incorporated into the Contract.

C. Reasonableness of costs is determined using FAR Subpart 31.201-3, GAAP, Internal Revenue Code (IRC) (where applicable), the Advance Cost Understanding and Metro’s Contractor Cost Guidelines. Reasonableness of costs must be carefully examined to ensure that costs incurred would be similar to those expected to be incurred in a competitive pricing environment. The burden of proof shall be upon the Contractor to establish that a cost is reasonable.

D. Costs are allocated to final cost objectives. The allocability of cost is determined using FAR Subpart 31.201.4 and Compensation and Payment Provisions entitled REIMBURSABLE COSTS AND FEE FOR CPFF CONTRACTS. Specifically, indirect expenses shall be allocated on the basis

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-39 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 of the beneficial or causal relationship between supporting (indirect expense) and receiving activities (final cost objective). Such expenses shall be distributed directly to business units/segments and/or final cost objectives to the maximum extent possible. Expenses not directly identifiable to a final cost objective, if significant in amount, shall be grouped in separate logical and homogeneous pools and allocated based on a causal or beneficial relationship to final cost objectives.

E. Allocation of costs to the Project Office indirect pool shall be determined in strict accordance with FAR Subpart 31.201.4 and Compensation and Payment Provision entitled REIMBURSABLE COSTS AND FEE FOR CPFF CONTRACTS. F. Specifically, the Contractor shall abate its indirect expenses (associated with non-Project Office direct labor) allocated to the Project Office for items which are similar to those provided by Metro to the Project Office's operations at no cost or reimbursed by Metro as a Project Office Other Direct Cost.

G. For example, any expense (eg., rent, building ownership cost, office equipment or supplies) associated with the Contractor's or Subcontractors' non-Project Office direct labor shall be deemed similar to any expense (e.g., rent, office equipment or supplies) that Metro has paid for 100% at the Project Office. However, any expense (eg., rent, building ownership cost, office equipment or supplies) associated with the Contractor’s or Subcontractors’ indirect labor is allocable to the direct labor at the Project Office.

H. For Contractors where the Contract represents more than fifty (50%) percent of the Contractor’s business (% defined as Direct Labor v. Total Contractor Direct Labor), outside professional expenses incurred in preparing and negotiating Contractor’s positions on claims, disputes, or audits related to issues of reasonableness, allowability, or allocability shall not be allowable as a direct or indirect cost to Metro, unless prior written approval is obtained from Metro.

SP-20 SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE*

Use if the Contractor is developing software

A. Definitions: As used herein:

1. Software

The computer programs and products required to be developed and delivered by the Contractor to Metro under the Contract, in object code (but excludes commercial software developed at private expense and not in the public domain).

2. Source Code Materials

A human-readable copy of the Software and related materials and documentation generated in preparing the Software, including programmer notes, flow charts, logic diagrams, and listings. METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-40 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 3. Documentation

Systems and user manuals sufficient to enable a person skilled in the applicable art to operate, maintain, and support the Software for its intended purposes.

B. Deliveries

The Contractor shall deliver to Metro the Software, Source Code Materials, and Documentation, in such tape, disk, or hard copy format as Metro may designate.

C. Ownership

The Contractor shall retain ownership of the Software, Source Code Materials, and Documentation with the right to exploit the same, subject to Metro's rights as herein provided. Metro shall place such copyright Notices affirming the Contractor's ownership rights as the Contractor may reasonably require on all materials licensed hereunder which are reproduced by Metro.

D. License Rights

The Contractor hereby grants to Metro a royalty-free, paid-up, non-exclusive license, in perpetuity, to use duplicate, and disclose the Software, Source Code Materials, and Documentation, and to make modifications of and enhancements to the Software, and permit others (who sign standard nondisclosure agreements) to do the same, but only for governmental purposes and not for any commercial purposes.

E. Confidentiality

Metro shall hold the Software, Source Code Materials, and Documentation in confidence, shall use and disclose them only as expressly authorized herein or as required by law and only to its employees, agents or sublicensees to whom disclosure is necessary or appropriate for the performance and exercise of its rights hereunder, and shall take reasonable steps to ensure that unauthorized persons will have no access to them.

F. Warranty

The Contractor warrants that the Software will perform according to the specifications set forth in the Contract, that it is owner of the Software, Source Code Materials, and Documentation that it has the right to convey and grant the license herein granted to Metro, and that Metro's use thereof as herein contemplated will not infringe any third party's proprietary rights in the United States. The foregoing warranties shall not apply to the extent the Software is modified by Metro.

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-41 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 G. Modifications and Enhancements

Upon Metro's request the Contractor shall generate modifications of and enhancements to the Software not required by the Contract, at the Contractor's rates charged for comparable services to its most favored customers.

SP-21 LIQUIDATEDDAMAGES*-RESERVED

SP-22 THE CONTRACTOR'S LICENSE A. The contracting firm and the majority owner of the subcontracting firm shall have the experience and professional capability to perform the work; and the majority owner of the subcontracting firm shall possess and maintain for the duration of the contract work, the appropriate State of California Professional license(s) and registration required.

B. The majority Contractor and Subcontractor(s) must possess and maintain the appropriate State of California license and registration required for the contracted work throughout the duration of the Work. Proof of validity of such license and/or registration shall be provided on an annual basis.

SP-23 INDIRECTCOSTRATES*

This provision prescribes policies and procedures for establishing (a) billing rates and (b) final indirect cost rates.

A. Definition

1. Billing rate means an indirect cost rate:

a. Established temporarily for interim reimbursement of incurred indirect costs; and

b. Adjusted as necessary pending establishment of final indirect cost rates.

2. Final indirect cost rate means the indirect cost rate established and agreed upon by Metro and the Contractor or its Subcontractors as not subject to change. It is usually established after the close of the Contractor's or it’s Subcontractors’ fiscal year (unless the Parties decide upon a different period) to which it applies.

3. Indirect cost (Refer to FAR Subpart 31.001 and 31.203).

4. Indirect cost rate means the percentage or dollar factor that expresses the ratio of indirect expense incurred in a given period to direct labor cost, manufacturing cost, or another appropriate base for the same period.

B. Basis for Calculation

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-42 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 1. Metro shall be auditing and negotiating indirect cost rates for the Contract.

2. The Contractor shall submit a final indirect cost rate proposal and its Subcontractors’ final indirect cost rate proposal, each of which shall meet the requirements of the Compensation and Payment Provisions to Metro.

3. Metro will use billing rates and final indirect cost rates in reimbursing indirect costs under cost-reimbursement provisions of this contract and, where applicable in determining progress payments, under fixed-price provisions of this contract. 4. Contracting Officers shall:

a. Unless the quick-closeout procedure is used, use final indirect cost rates of the Contractor and its Subcontractors for a given period agreed to by Metro and Contractor, which shall be binding for all Metro’s cost-reimbursement contracts with the Contractor or its Subcontractors for that period, subject to any specific limitation in a contract or advance agreement; and

b. Use established final indirect cost rates in negotiating the final price of fixed-price incentive and fixed price redeterminable contracts and in other situations requiring that indirect costs be settled before contract prices are established (see 31.103(b).

C. Billing Rates

1. The Contracting Officer responsible for determining the final indirect cost rate ordinarily shall also be responsible for determining the billing rate.

2. The Contracting Officer or Authorized Auditor (as defined in the General Condition entitled AUDITS) shall establish a billing rate on the basis of information resulting from recent review, previous audits or experience, or similar reliable data or experience. In establishing the billing rate, the Contracting Officer or Authorized Auditor should ensure that it is as close as possible to the final indirect cost rate anticipated for the Contractor's or Subcontractor’s fiscal period, as adjusted based on allowable costs per the Contract terms. When the Contracting Officer determines that the dollar value of contracts requiring use of a billing rate does not warrant submission of a detailed billing rate proposal, the billing rate may be established by making appropriate adjustments from the prior year's indirect cost experience to eliminate unallowable and nonrecurring costs and to reflect new or changed conditions.

3. Once established, billing rates may be prospectively or retroactively revised by mutual agreement of the Contracting Officer and the Contractor or Subcontractor at either party's request, to prevent substantial overpayment or underpayment.

4. The elements of indirect cost and the base or bases used in computing billing rates shall not be construed as determinative of the indirect costs METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-43 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 to be distributed or of the bases of distribution to be used in the final settlement.

D. Final Indirect Cost Rates

Final indirect cost rates shall be established on the basis of Contracting Officer determination procedure.

1. Applicability and responsibility. Contracting Officer determination shall be responsible for establishing the final indirect cost rates.

2. Procedures

a. In accordance with the Compensation and Payment section, the Contractor or its Subcontractors shall submit to the Contracting Officer and, if required by Metro procedures, to the Authorized Auditor a final indirect cost rate proposal reflecting actual cost experience during the covered period, together with supporting cost or pricing data.

Contractor shall submit its proposal with a Certificate of Final Indirect Costs (Exhibit 1) signed at a level no lower than vice president or chief executive officer.

b. The Authorized Auditor shall submit to the Contracting Officer an advisory audit report identifying any relevant advance agreements or restrictive terms of specific contracts and including all relevant information regarding the review of the final Indirect Cost Rate proposal.

c. The Contracting Officer shall head Metro’s negotiating team, which could include the Authorized Auditor, and/or technical or functional personnel as required.

d. Metro negotiating team shall develop a negotiation position.

e. The Contracting Officer shall

1. Conduct negotiations;

2. Prepare a written indirect cost rate agreement conforming to the requirements of the contracts;

3. Prepare, sign, and place in the Contract file a negotiation memorandum covering

a. The disposition of significant matters in the advisory audit report;

b. Reconciliation of all costs questioned, with identification of items and amounts allowed or disallowed in the final

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-44 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 settlement as well as the disposition of period costing or allocability issues;

c. Reasons why any recommendations of the Authorized Auditor or other technical advisors were not followed; and

d. Identification of cost or preceding data submitted during the negotiations and relied upon in reaching a settlement; and

4. Distribute resulting documents in accordance with Metro procedures.

E. Distribution of documents

The Contracting Officer shall promptly distribute executed copies of the indirect cost rate agreement to the Contract file and to all affected Metro contract administrators, in accordance with Metro’s procedures.

F. Cost-sharing Rates and Limitations on Indirect Cost Rates

1. Cost-sharing arrangements, when authorized, may call for the Contractor or Subcontractor to participate in the costs of the Contract by accepting indirect cost rates lower than the anticipated actual rates. In such cases, a negotiated indirect cost rate ceiling may be incorporated into the contract for prospective application.

2. When ceiling provisions are utilized, the Contract/Task Order shall also provide that

a. Metro will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates; and

b. In the event the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform with the lower rates.

G. Quick-close-out Procedure

1. The Contracting Officer responsible for contract close-out may negotiate the settlement of indirect costs for a Contract or specific Task Order, in advance of the determination of final indirect cost rates, if

a. The Contract or specific Task Order is physically complete;

b. The amount of unsettled indirect cost to be allocated to the Contract or Task Order is relatively insignificant. Indirect cost amounts will be considered insignificant when

1. The total unsettled indirect cost applicable to any contract or Task Order does not exceed one hundred thousand dollars ($100,000.00); and METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-45 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 2. Unless otherwise provided in Metro procedures, the cumulative unsettled indirect costs to be allocated to one or more Metro contracts or Task Orders in a single fiscal year do not exceed fifteen (15%) percent of the estimated, total unsettled indirect costs allocable to cost-type contracts for that fiscal year; and

c. Agreement can be reached on a reasonable estimate of allocable dollars.

1. Determinations of final indirect costs under the quick-close-out procedure shall be final for the Contract/Task Order it covers and no adjustment shall be made to other contracts for over-or under-recoveries of costs allocated or allocable to the Contract covered by the agreement.

2. Indirect cost rates used in the quick-close-out of a contract shall not be considered a binding precedent when establishing the final indirect cost rates for other contracts.

SP-24 METRO MANAGEMENT OF CONTRACTOR’S PERSONNEL*

A. In the event Metro determines it becomes necessary to request Contractor personnel to assist in the management of any Project, Metro may request the Contractor to assign its personnel to any Project subject to the direction of Metro’s Project Manager or designee. Metro shall request such assignment of the Contractor’s personnel through a Contract Amendment or individual Task Order approved by the Project Manager requesting such personnel. The Contractor shall advise Metro of its concurrence or rejection of the request within three (3) business days. If Contractor fails to advise Metro within the three (3) business day period, Contractor shall be deemed to concur with Metro’s request.

B. Any Contract Amendment/Task Order issued under this Special Provision shall include the following information:

1. Name of Contractors personnel; 2. Direct and indirect costs associated with the Contractor’s personnel; 3. Description of duties to be performed by Contractor’s personnel; 4. Description of the limit of authority, if any, of Contractor’s personnel; 5. Indemnification language to be provided by Metro in connection with the proposed duties of the Contractor’s personnel; and 6. All information required by Article 6 of the Form of Contract.

C. For purposes of this Provision only, the Contractor’s personnel identified in a Contract Amendment/Task Order issued under this Special Provision shall be defined as the Personnel.

D. Metro shall provide the Personnel with office space and associated supplies and equipment necessary to perform the duties described under the Contract Amendment/Task Order. Metro shall have no obligation for any Contractor METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-46 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 personnel who are not specifically identified in a Contract Amendment/Task Order issued under this Special Provision.

E. Any document or work product produced, generated or reviewed by the Personnel in their capacity described in the Contract Amendment/Task Order shall be the property of Metro. Except for the Personnel’s immediate superior in the Contractor’s Program office the Personnel shall not discuss their work assignment with any other Contractor personnel without prior consent of Metro’s Project Manager.

F. The Personnel shall perform the Work described in the Contract/Task Order in compliance with Metro’s policies and procedures, including, without limitation, Metro’s Ethics Policy, Code of Conduct and other applicable policies and procedures. Further, Personnel’s work hours shall be compatible with Metro’s normal work hours.

G. During the term of the Contract/Task Order, the Personnel shall remain an employee of the Contractor and shall continue to have their salary and benefits paid for the Contractor. In no event will the Personnel be considered a Metro employee. Further the Personnel shall not receive any benefits normally accruing to Metro employees unless provided by the Contractor.

H. Metro, in its sole discretion, has the right to terminate a Contract Amendment/Task Order issued pursuant to this Provision notwithstanding the duration stated in the Contract Amendment/Task Order or remove the Personnel at any time, all in accordance with the terms of the Contract.

SP-25 SUBCONTRACT ADMINISTRATION

In accordance with 49 CFR Part 26, the Contract Document entitled COMPENSATION AND PAYMENT and the Sub-Article entitled PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS, Metro has elected to implement the following requirements related to the Work that is performed by all Subcontractors of any tier under this Contract.

A. Executed Subcontract Agreements. - Contractor shall submit to Metro Contracting Officer complete copies of all executed Subcontracts and/or Purchase Orders within fourteen (14) calendar days after the Contractor, or its Subcontractors, executes each Subcontract or Purchase Order. Contractor shall also submit copies of all Changes Orders, Modifications, Addendums or Amendments to such Subcontracts and Purchase Orders within fourteen (14) calendar days after execution. Contractor shall not darken out or delete any information from the submitted Subcontract and Purchase Order documents. The Subcontract and Purchase Order prices shown in the submitted documents shall not be cause for any reason by any Party to make an adjustment to the Contract Price and such pricing information will only be used to implement the provisions hereunder and in the Contract Document entitled COMPENSATION AND PAYMENT related to Subcontractor payments and retention.

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-47 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 B. Subcontract Values. – Contractor shall, in accordance with the Specification entitled COST/SCHEDULE INTEGRATION SYSTEM, breakdown the Schedule of Values and its monthly Application for Progress Payment making all work activities, the value thereof, payments made to date and retention withheld, distinguishable between the Contractor, its Subcontractors and Suppliers, inclusive of the baseline Work and all Contract Modifications.

C. Survival of Obligations. - Without limiting any other provision of the Contract relating to continuing obligations that extend beyond Final Acceptance of the Work or any Subcontractors’ or Suppliers’ Work under this Contract, the Contractor’s responsibility for injury to persons and/or property arising from its duties and obligations under the Contract, including without limitation, the Articles entitled LIABILITY AND INDEMNIFICATION, GOODS, and WARRANTY in the Contract Document entitled GENERAL CONDITIONS, shall survive acceptance and any payment to Contractor by METRO for any element of the Work performed by a Subcontractor or Supplier under this Contract.

D. Undisclosed Incomplete Work. - Contractor will not be relieved of its obligations to complete any element of the Work, or any portion or item thereof, the non-completion of which was not disclosed to Metro prior to Final Acceptance of the Contract, regardless of: (1) whether such nondisclosures were fraudulent, negligent, or otherwise; and (2) Metro having inspected or accepted the element of the Work, having accepted Contractor’s certification that the element of the Work is completed, having made payment to Contractor for the element of the Work, or Contractor having made final payment, including a release of retention to its Subcontractor or Supplier for that element of the Work. Contractor shall remain obligated to correct all such items after Final Acceptance of the Contract under this Article and all other provisions of the Contract that, expressly or by their nature, extend beyond or survive Final Acceptance.

E. Modified General Condition. The Contract Document entitled GENERAL CONDITIONS, the Article entitled ACCEPTANCE OF ELEMENTS OF THE WORK, and the sub-Article entitled PARTIAL ACCEPTANCE, is modified to read:

“If portions of the Work (due to having independent utility or a subcontract being fully completed) are completed in advance of the deadlines specified in this Contract, Metro shall have the right to accept them in advance of the deadline for completion of the entire Contract. Any such partial Acceptance shall follow a procedure similar to that required for Substantial Completion, modified as specified by the Contracting Officer. The Contracting Officer will also determine the effect of such partial Acceptance on Contractor’s responsibility for maintenance during construction and its Warranty obligations.”

F. Inspection of a Subcontractor’s work, under the terms of this Special Provision, shall not constitute an exception for Acceptance as contemplated by the General Condition Article entitled PERFORMANCE AND

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-48 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 INSPECTIONS, sub-article 20.1.4, unless it is specified in writing as stated therein.

G. The terms of this Special Provision, as it relates to General Condition entitled PERFORMANCE AND INSPECTIONS, sub-article 20.1.5, creates an Metro obligation to make inspections of Subcontractors completed work for the limited purpose of implementing the terms of this Special Provision, such inspections shall not relieve Contractor of any of its responsibilities under this Contract.

H. After the Contractor has notified Metro that a Subcontractor’s work is complete, Metro may charge the Contractor for any additional costs Metro incurs for the inspections when the Work is not ready at the time indicated in the notice or when an additional inspection is necessitated by prior rejection.

I. Contractor shall consider and plan for the requirements of this Special Provision and any delay in any Critical Path, or other interruption to the Contractor, resulting from any inspections or other terms of this Special Provision shall not, for any reason, result in an increase to the Contract Price or Time, nor entitle Contractor to any recovery of any costs, or delay, or interest payments occasioned thereby.

J. Notwithstanding any terms of this Special Provision, the terms of Warranty, either express or implied in this Contract remain unchanged.

K. Modified Compensation and Payment Article -

CP-3 RETENTION AND ESCROW ACCOUNTS* (Only paragraphs A & B are revised.)

A. Retention: Metro shall retain from each Progress Payment ten percent (10%) of the Progress Payment as part security for the fulfillment of the Contract by the Contractor. However, after fifty percent (50%) of the Work has been completed, if in the sole discretion of Metro progress on the Work is satisfactory, Metro will not make further deductions on the remaining Progress Payments, except that the amount of the retention withheld shall not at any time thereafter be less than five percent (5%) of the Contract Price, as amended, or as adjusted by Change Orders. However, if Metro determines that the Work or progress of the Work is unsatisfactory, Metro may reinstate, continue or increase retentions in amounts necessary to increase the total retention to an amount not to exceed ten percent (10%) of the Contract Price. Notwithstanding any payments made to Contractor, out of retention or other monies withheld, or other monies due Contractor under this Contract, in the implementation of 49 CFR Part 26 and the Article entitled PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS, in the Contract Document entitled COMPENSATION AND PAYMENT, Metro shall withhold retention from each progress payment, consistent with the amounts allowed above, whereas Metro shall withhold not less than 5% of the Contract price until final completion and acceptance of the Contract.

B. Substitution of Securities: METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-49 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 To ensure performance under the Contract, the Contractor may, at its sole expense, substitute securities equivalent to the retention withheld by Metro. Such securities shall be deposited with an escrow agent approved by Metro, who shall then pay such retention to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any security substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code §16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and Metro. No such substitution shall be accepted until the Escrow Agreement, securities, and any other documents related to the substitution are reviewed and accepted in writing by Metro. In the event Contractor’s subcontractors elect to do any of the following the Contractor shall:

1. If a subcontractor elects to substitute securities in lieu of retention with the Contractor, then in accordance with the sub-Article herein entitled “Prompt Payment of Withheld Funds to Subcontractors”, when Contractor certifies to Metro that all tasks called for in the subcontract have been satisfactorily accomplished and Metro has inspected the Work, Contractor shall release the subcontractor’s securities within thirty (30) days after receipt of Metro notice on the completed inspection, even though there may be no adjustment(s) to be made to Contractor’s substitute securities in lieu of retention.

2. In the event the Contractor elects to substitute securities in lieu of retention and a subcontractor has not elected to substitute securities in lieu of retention, Contractor may withhold from his or her subcontractor the amount of retention that would have otherwise been withheld, yet when, in accordance with the sub-Article herein entitled “Prompt Payment of Withheld Funds to Subcontractors”, Contractor certifies to Metro that all tasks called for in the subcontract have been satisfactorily accomplished and Metro has inspected the Work, Contractor shall release the subcontractor’s retention within thirty (30) days after receipt of Metro notice on the completed inspection, even though there may be no adjustment(s) to be made to Contractor’s substitute securities in lieu of retention.

SP-26 PAYMENT AND REPORTING OF PREVAILING WAGE

This Contract is subject to the provisions of California law regarding Public Works, including, but not limited to California Labor Code Sections 227, 1021, and 1720 through and including 1861, together with all applicable regulations (e.g. Title 8 California Code of Regulations, Section 16001 et. seq.). In addition to the requirements for payment of prevailing wages set forth in the Labor Compliance Manual, this Contract, if federally funded, is also subject to payment of prevailing wages under federal law by the Davis Bacon Act (40 USC 3141 et seq.), as determined by the US Department of Labor, and is to be used in accordance with the provisions of Regulations 29 CFR Part 1, Part 3, Part 5, Part 6 and Part 7.. All pertinent federal and state statutes and regulations, including but not limited to those referred to above

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-50 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 are hereby incorporated by reference into this document as though set forth in their entirety.

In the event of a conflict between LACMTA's living wage (references in SP- 25), the prevailing wage under state law as determined by California authorities and the prevailing wage under federal law as determined by the U.S Department of Labor, the Contractor shall pay at minimum the highest of the three (3) wages.

Prevailing Wage Reporting System — LACMTA may require, at time of award, the Contractor to utilize LACMTA's online "Prevailing Wage Reporting System," in lieu of hard copy manual submittals, for the following documents:

 Certified Payroll and other related documents  Project Labor Agreement related documents (if applicable)  Construction Careers Policy monthly reports and related documents (if applicable)

Metro’s Prevailing Wage manual can be accessed here:

http://media.metro.net/about_us/labor_compliance/images/manual_living_ wage.pdf

SP-27 LIVING WAGE/SERVICE CONTRACT WORKER RETENTION POLICY

This Contract is also subject to the payment of a living wage, as set forth in the Living Wage Policy (LWP). Contractors under contract for the furnishing of service to or for Metro and that involve expenditures in excess of $25,000 and a contract term of at least three (3) months, shall comply with the provisions in the LWP.

This Contract may be subject to the Service Contract Worker Retention Policy ("SCWRP") which is incorporated herein by this reference. If applicable, Contractor must also comply with the SCWRP which requires that, unless specific exemptions apply, all employers under contracts that are primarily for the furnishing of services to or for the Los Angeles County Metropolitan Transportation Authority (Metro) and that involve an expenditure or receipt in excess of Twenty-Five Thousand Dollars ($25,000) and a contract term of at least one year, shall provide retention by a successor contractor for a ninety-day (90-day) transition period of the employees who have been employed for the preceding twelve (12) months or more by the terminated contractor or subcontractor, if any, as provided for in the SCWRP. Metro has the authority, under appropriate circumstances, to terminate this Contract and otherwise pursue legal remedies that may be available if Metro determines that the subject contractor violated the provisions of the SCWRP.

Metro’s Living Wage / Service Contract Worker Retention Policy manual can be accessed here: http://media.metro.net/about_us/labor_compliance/images/living_wage_manual_ 2018-0201.pdf

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-51 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 END OF SPECIAL PROVISIONS

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-52 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 RFIQ No. PS54330 Countywide Planning & Development Bench

EXHIBIT 1 - RATE CERTIFICATION

This is to certify that I have reviewed this proposal to establish final annual indirect cost rates and to the best of my knowledge and belief:

1. All costs included in this proposal (identify proposal and date) to establish final annual indirect cost rates for (identify period covered by rate) are allowable in accordance with this Contract and the cost principles of the Federal Acquisition Regulation (FAR) and its supplements that are applicable to the contracts to which the final annual indirect cost rates will apply; and

2. This proposal does not include any costs which are expressly unallowable under this Contract, or cost principles of the FAR or its supplements made applicable under the Contract.

I certify under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct

Firm:

Signature:

Name of Certifying Official:

Title:

Date of Execution:

METRO GA18-54 SPECIAL PROVISIONS (SERVICES) RFIQ NO. PS54330 2-53 PRO FORM 089 ISSUED: 06.06.18 REVISION DATE: 02.28.18 GENERAL CONDITIONS (SERVICES)

Note: * = Flow-down requirement as defined in the Article entitled SUBCONTRACTORS AND SUPPLIERS herein

GC-01 GLOSSARY OF TERMS*

GC-01-A Abbreviations And Symbols

ADR Alternative Disputes Resolution Cal-OSHA California Occupational Safety and Health Administration CEO Chief Executive Officer CFR Code of Federal Regulations DVBE Disabled Veteran Business Enterprise EPA United States Environmental Protection Agency FAR Federal Acquisition Regulations FTA Federal Transit Administration GEC General Engineering Consultant Metro Los Angeles County Metropolitan Transportation Authority NTE Not-to-Exceed OSHA United States Department of Labor, Occupational Safety and Health Administration, and Occupational Safety and Health Act PUC Public Utilities Code, State of California RFC Request for Change SBE Small Business Enterprise USC United States Code

GC-01-B Definitions

Acceptance Documentation prepared by Metro or its Authorized Representative attesting to the completion of all of the Services or Work under the Contract or a CWO or a specified portion thereof. Alternative Disputes Means for settling a disputed claim which may Resolution: include arbitration, mediation or other recognized means for settling a dispute.

Amendment: A document mutually agreed to by the Parties modifying the Contract.

Approve: To confirm documents presented by and/or actions of the Contractor related to the Work under the Contract or CWO.

Assessment: A cost imposed on the Contractor for non- compliance with certain contractual requirements.

Authorized Person or firm empowered to act for or in the place Representative: of the named business or governmental entity.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-54 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 Chief Executive Officer: The Chief Executive Officer (CEO) of Metro.

Claim: A written demand by one of the Contracting Parties for:

1. Time extension; and/or 2. Payment of money.

Consultant One that provides Services or Work to Metro, also defined as the Contractor.

Consultant Change A document issued by Metro to the Contractor Notice (CCN): detailing a proposed change to the Contract or CWO.

Contract: Written agreement executed by Metro and the Contractor which sets forth the rights and obligations of the parties in connection with the Services and Work, and which includes the Contract Documents.

Contract Work Order The document issued by Metro for each separate (CWO): assignment detailing the Scope of Work, price and completion time.

CWO Period of The total time period allowed for completion of the Performance: Work, including all authorized time extensions, as specified in each CWO.

CWO Price: The not-to-exceed amount agreed to by the Parties to perform the Scope of Work.

Contracting Officer: The CEO or a designated representative who is authorized and empowered to execute contracts, contract amendments, CWOs, CWO Revisions, WACNs, and agreements on behalf of Metro.

Contractor: The individual, firm, partnership, corporation, joint venture or combination thereof, referred to throughout the Contract in the singular and by the neutral term "it", that has entered into the Contract with Metro.

Cure Notice: Written notice from Metro to the Contractor to correct Work performed not in conformance with the Contract or CWO.

Days: Unless otherwise stated, "days" shall mean calendar days. When a required submittal falls on a non-business day, submittal shall be on the next

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-55 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 business day.

Design Professional A person licensed as an architect, registered as a (DP): professional engineer, licensed as a land surveyor or otherwise licensed or registered in a professional discipline pursuant to the laws of the State of California.

DVBE: Disabled Veteran Business Enterprise (DVBE): A business enterprise certified by the State of California’s Department of General Services (DGS) and is 51% owned by one or more disabled veterans, whose daily business operations are managed and controlled by one or more disabled veterans.

Goods: Equipment, material and/or products required to perform the Services. Goods may be furnished by Metro or required to be furnished by the Contractor.

Government Entity Any federal, state, or local government and any political subdivision or any governmental, quasi- governmental, judicial, public or statutory instrumentality, administrative agency, authority, body or entity other than Metro.

Home Office: The home office(s) of the Contractor’s firm.

Invoice: A request for payment for Work performed.

Milestone: An established event or occurrence that is associated with the Schedule as defined in the Contract or CWO.

Modification Any written addition, deletion, adjustment or alteration to the Contract, whether arising out of the unilateral exercise by the MAT of any right under the Contract, or by mutual agreement/action executed by the Parties. A Modification may be unilateral or bilateral, and includes Change Orders, adjustments in quantities, extensions of time, administrative changes and adjustments, and all other actions and events that result in an alteration, correction or adjustment of the Total Contract Price or Time, any Contract term or process, or any other obligation of either Party.

Metro or MTA The Los Angeles County Metropolitan Transportation Metro (Metro) or its successor, or

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-56 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 any successor in interest, or its Authorized Representative.

Notice of Termination: Written notice from Metro to the Contractor terminating the Contract or/CWO, or a portion thereof, either for convenience of Metro or for default due to the Contractor's failure to perform its contractual obligations.

Payment Application: A request for payment for Work performed.

Parties: Metro and the person(s), governmental entities, or business entities entering into the Contract.

Period of Performance: The total time period allowed for completion of all Services or Work under the Contract or CWO, as specified in the Form of Contract or CWO.

Prime Design A design professional with a written Contract Professional (PDP): directly with Metro.

Program: Existing and planned rail transit system that is and will be operated by Metro.

Project: A portion of Metro Transit System as defined in the Form of Contract

Provide: In reference to Work to be performed by the Contractor, "provide" means to perform Work in accordance with the Scope of Services and the Scope of Work.

Request for Change A document issued by the Contractor to Metro (RFC): detailing a proposed change to the Contract or CWO.

Request for Substitution: Goods, service(s), or system(s) that the Contractor requests to use in lieu of that specified in the Contract.

Revision: A document issued by Metro to the Contractor or mutually agreed to by the Parties modifying the Contract or CWO.

SBE: Small Business Enterprise (SBE): A small business that is 55 percent owned and controlled by one or more economically disadvantaged individuals; and whose management and daily business operations are controlled by one or more economically disadvantaged individual who owns it.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-57 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 Schedule: A time phased Project execution plan that identifies all activities necessary to implement a given Project in a logical time phased manner. The Contract or CWO Schedule provides the start and completion date of each activity and its Milestones. The Project Schedule shall include the Milestones for the entire Project.

Scope of Services Description of the sum total of productive and (Services): operative efforts used to generate the results specified, indicated, or implied in the Contract, including all technical and professional services, and Goods used during all related activities whether originally or subsequently Scheduled.

Scope of Work: Description of the Work to be provided by the Contractor under the Contract or CWO.

Special Provisions: Requirements applicable to the Contract that invoke, modify, and/or supplement the General Conditions

State: The State of California.

Sub-consultant Design Design professional hired by a prime design Professional (SDP): professional.

Subcontractor: Any individual, firm, partnership, corporation, joint venture or combination thereof, other than employees of the Contractor, that enters into a legal agreement with the Contractor to furnish Work, labor or Goods as a portion of the Work. Unless otherwise specified, Subcontractors includes Subcontractors of any tier.

Supplier: Any individual, firm, partnership, corporation, joint venture, or combination thereof, other than employees of the Contractor, or Subcontractor that enters into a legal agreement with the Contractor and that manufacturers, distributes or furnishes tangible Goods as a portion of the Work, with Work usually limited to delivery and/or required testing.

Technical Review: A technical quality and progress audit including, but not limited to, a check of budget versus expenses to date, technical progress, quality of work, Schedule assessment and a measurement of design hours per drawing, review of adherence to policies and procedures and safety requirements.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-58 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 Total Contract Price The total compensation approved by Metro’s (TCP): governing board to be paid to the Contractor in accordance with the terms of the Contract (and Amendments thereto).

Transit System: The entire fixed guideway rail transportation system, including right-of-way, pavement, tracks, structures, equipment appurtenances, and all other related property of Metro.

Work: The sum of all activities, Services and Deliverables, to be accomplished under the Contract or CWO.

Worksite: The location where the Contractor's Work will be performed as defined in the Contract or CWO(s). The term may include the location of work performed by others (i.e., the construction site of a Project).

GC-02 INTERPRETATION*

GC-02-A Information

1. Furnished By Metro:

Upon request by the Contractor, Metro shall furnish the Contractor any general information and data readily available to Metro or those under contract to Metro, which the Contractor determines, may be of use to the Contractor in the performance of the Work. Metro shall rely upon the Contractor to determine which of the general information and data readily available to Metro the Contractor requires for the performance of the Work hereunder. Metro makes no representations with respect to the reliability, accuracy, or completeness of any information or data it may furnish hereunder. The Contractor is entitled to rely on the information or data to the extent a professional engineer believes it is appropriate to do so. The Contractor is expected to apply its professional judgment and seek any clarification it deems necessary.

2. Furnished by Others:

The Contractor is to obtain, utilizing its own personnel, any required information that has been developed by other public or private agencies or companies that are not under contract to Metro. The Contractor is to apply its professional judgment as to the reliability of the information or data for the purpose for which the Contractor intends on utilizing such information or data.

GC-03 PRECEDENCE OF CONTRACT DOCUMENTS

See Form of Contract Article 1

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-59 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 GC-04 CONTRACT DOCUMENTS

GC-04-A Explanations

Should it appear that the Work to be performed or any relative matters are not sufficiently detailed or explained in the Contract, the Contractor shall request in writing from Metro a written explanation as may be necessary and shall conform to the explanation given.

GC-04-B Omissions And Misdescriptions

1. The Contractor shall carefully study the Contract; shall verify all figures in the Contract Documents before performing the Work; shall promptly notify Metro of all errors, inconsistencies, and/or omissions that it discovers; and, in instances where such non-conformities are discovered, shall obtain specific instructions in writing from Metro before Contractor's proceeding with the Work. Any Work affected that is performed prior to Metro’s decision shall be at the Contractor's risk. The Contractor shall not take advantage of any apparent non-conformity that may be found in the Contract. Metro shall be entitled to make such corrections therein and interpretations thereof as it may deem necessary for the fulfillment of the intent of the Contract. Omissions or misdescription of any Work that are manifestly necessary to carry out the intent of the Contract, or that are customarily performed, shall not relieve the Contractor from performing such Work at no additional expense and/or delay, and such Work shall be performed as if fully and correctly set forth in the Contract.

2. Terms

Where the terms "as indicated" and "as detailed," or words of similar import are used by themselves, it shall be understood that reference is made to the Technical Specifications or other technical documents provided by Metro, or Contract drawings unless otherwise expressly stated. "Directed," "required," "permitted," "ordered," "designated," "selected," "approve," "accept," "satisfactory," "equal,", "necessary," or words of like import shall be understood to require an identifiable action by Metro unless otherwise expressly stated.

3. References within the Contract

References to Articles and Subarticles herein are made by citing the Title of the Articles only, e.g., a reference to this particular paragraph would be phased "in the Article entitled ‘INTERPRETATION,’ which would necessarily be inclusive of all other paragraphs in this Article. However, where a reference is made to other paragraphs within the same Article, the reference is made as in the preceding sentence, i.e., "in this Article." References to other Sections of the Contract are made by citing the title of the Section.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-60 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 GC-05 AUTHORITY OF THE CONTRACTING OFFICER

Metro has the final approval in all matters relating to or affecting the Work. Except as expressly specified in the Contract, the Contracting Officer may exercise any powers, rights, and/or privileges that have been lawfully delegated by Metro. Metro shall inform Contractor in writing of delegations given by it to the Contracting Officer. Nothing in the Contract shall be construed to bind Metro for acts of its employees and Authorized Representatives that exceed the delegation of Metro specified herein.

GC-06 METRO’S TECHNICAL REPRESENTATIVE (PROJECT MANAGER)

Metro shall provide a Project Manager and/or a technical representative for all technical aspects related to the performance of the Contract. The Contractor shall make such oral or written reports to Metro's technical representative with an information copy to Metro's Contract Administrator as may be requested by Metro or as specifically required by the Contract. ALL CONTRACTUAL MATTERS SHALL BE ADDRESSED TO THE DESIGNATED CONTRACT ADMINISTRATOR.

GC-07 INDEPENDENT CONTRACTOR

The Contractor represents that it is fully experienced and properly qualified to perform the class of Work required for the Contract and that it is properly licensed, equipped, organized, and financed to perform the Work. The Contractor shall be an independent contractor. The Contractor is not an agent of Metro in the performance of the Contract, and shall maintain complete control over its employees and its Subcontractors and Suppliers of any tier. Nothing contained in the Contract or any Subcontract awarded by the Contractor shall create any contractual relationship between any Subcontractor and Metro. The Contractor shall perform the Work in accordance with its own methods, in compliance with the terms of the Contract.

Metro reserves the right of prior approval of all subcontractors and retains the right to request Contractor to terminate any subcontractor, for any reason deemed appropriate by Metro, by so notifying Contractor in writing. Should said notification be submitted to Contractor, it shall terminate said subcontractor immediately.

GC-08 ORGANIZATIONAL AND KEY PERSONNEL

A. Before starting any Work, the Contractor shall submit for Metro review and acceptance, an organization chart showing the proposed organization established by the Contractor for the performance of the Work, including:

1. Lines of authority, responsibility, and communication;

2. Office organizations, if any; and

3. Names, titles, and functions of all supervisory and other key personnel.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-61 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 B. The Contractor's Project Manager shall supervise and direct the Work, and have overall responsibility for the Work in accordance with the Contract. The Contractor shall be solely responsible for implementation of all Work, means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Contract.

C. The Contractor shall not reassign such key personnel to other projects without Metro's prior written approval and until a satisfactory replacement has been approved by Metro. The Contractor shall secure the prior written approval of Metro for any change or reassignment of the key personnel, submitting written documentation of the new individuals' qualifications.

D. If Metro provides office space to the Contractor, or requires Contractor to locate its office space in a specific location, then at all times during the performance of Work hereunder, only related Work shall be performed in such office space and Contractor shall not use such office space to perform non-Contract related work.

GC-09 SUBCONTRACTORS AND SUPPLIERS*

GC-09-A Documentation And Acceptance

The Contractor shall submit a copy of all executed subcontracts at any time within fourteen (14) days of execution regardless of value to Metro for fulfillment of the (DBE), (SBE/DVBE) commitments, and a copy of insurance certificates in accordance with the Exhibit to the Form of Contract entitled INSURANCE REQUIREMENTS. Failure to submit subcontracts and certificates within the required time period will result in the Subcontractor’s not being permitted to perform Work on the Project.

GC-09-B Performance Of Work

The Contractor shall:

1. Be responsible to Metro for all acts and omissions of its own personnel, and of Subcontractors, Suppliers and their employees; and

2. Be responsible for coordinating the Work performed by Subcontractors and Suppliers.

Should a portion of the subcontracted Work not be performed in accordance with the terms of the Contract, or if a Subcontractor commits or omits any act that would constitute a breach of the Contract, the Subcontractor shall be replaced and shall not again be employed on the Program.

GC-09-C Acceptance Of Substitution Of Subcontractor

1. The Contractor shall notify Metro in writing of any proposal to substitute a Subcontractor in place of a Subcontractor listed in the Contractor's Qualification/Proposal. Prior to such substitution the Contractor shall secure METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-62 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 the acceptance of Metro. The Contractor shall submit the following information in a form similar to that contained in the Contractor's original Qualification/Proposal.

a. Name of Subcontractor

b. Location and Phone Number of Place of Business

c. Contact Person

d. Subcontractor's License(s) number and expiration date (if applicable)

e. Current Metro Contract Compliance Certification Status (if applicable)

f. The portion of the Services that will be performed by each Subcontractor.

Metro will promptly initiate a review of the information submitted on each Subcontractor and transmit written notification to the Contractor concerning its decision.

2. Metro shall not be responsible for delays incurred by the Contractor because of a timely disapproval by Metro of a Subcontractor proposed by the Contractor, or for the late submittal for acceptance of a Subcontractor to Metro, or because of a Subcontractor's removal from the performance of the Work.

3. The Contractor shall not do any of the following without the prior written consent of Metro:

a. replace any previously accepted Subcontractor;

b. permit any previously accepted Subcontract to be assigned or transferred; and/or

4. However, the Contractor may perform the Work itself with qualified personnel, provided written permission is obtained from Metro prior to performance of the Work.

GC-09-D Flow-Down Requirements

1. The Contractor shall incorporate the following into each Subcontract and require insertion of same into all lower-tier Subcontracts:

2. All Articles, Subarticles or portions of the Contract noted by a star (*) shall be included in all Subcontracts of any tier.

3. All provisions required by law, regulation, rule, or the Contract shall apply to subcontracts and shall apply to all subcontracts of any tier.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-63 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 4. By virtue of signing the subcontract, the following apply:

a. The Subcontractor acknowledges and agrees that all Work being performed by it under the subcontract shall be performed in accordance with the Contractor's Contract with Metro.

b. The Subcontractor agrees that it shall have the same duties and obligations to the Contractor with respect to its performance of its own Work as the Contractor has to Metro under its Contract.

c. The Contractor and the Subcontractor agree that Metro is the third party beneficiary of the Subcontract and shall have the right to enforce all of the terms of the Subcontract for its own benefit. All guarantees and warranties, express or implied, shall inure to the benefit of both Metro and the Contractor during the performance of the Work; upon final completion of the Work, such guarantees and warranties shall inure to the benefit of Metro.

The Contractor and the Subcontractor agree that nothing contained in the Subcontract shall be deemed to create any privity of the Contract between Metro and the Subcontractor, nor does it create any duties, obligations, or liabilities on the part of Metro to the Subcontractor except those allowed under California Law. In the event of any claim or dispute arising under the subcontract and/or the Contractor's Contract with Metro, the Subcontractor shall look only to the Contractor for any payment, redress, relief, or other satisfaction. The Subcontractor hereby waives any claim or cause of action against Metro arising out of the subcontract.

GC-09-E This Article does not and shall not operate to relieve the Contractor of any duty or liability under the Contract nor does it create any duty or liability on the part of Metro. The Contractor shall have sole responsibility for promptly settling any disputes between its Subcontractors and between the Subcontractors and any of their Subcontractors.

GC-09-F No Subcontractor shall be permitted to perform the Work under the Contract until it, or the Contractor, has supplied satisfactory evidence of required insurance to Metro, in compliance with the Exhibit to the Form of Contract entitled INSURANCE REQUIREMENTS.

GC-10 PERMITS

Except for any permits furnished by Metro, the Contractor shall be fully responsible for identifying and obtaining, at its own expense, all necessary licenses and permits required for the timely prosecution of the Work.

The Contractor acknowledges that prior to entering into the Contract or any CWO it familiarized itself with the requirements of all applicable federal, state, county, and municipal laws, codes, rules, and regulations, as well as the conditions of any required licenses and permits, in effect at time of execution of the Contract or issuance of any CWO. The Contractor shall be responsible for complying with all of the foregoing, at its sole expense and without any increase in the TCP or METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-64 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 CWO Price or Contract or CWO Period of Performance set forth in the Form of Contract or CWO on account of such compliance, regardless of whether such compliance would require additional labor, equipment, or Goods not expressly stated in the Contract or CWO.

GC-11 GOODS*

GC-11-A The Contractor shall furnish all Goods required to complete the Work, except those designated to be furnished by Metro. Unless otherwise indicated in the Contract or CWO, Goods incorporated into the Work shall be new, of good quality, and of the grade specified for the purpose intended. Unless otherwise specifically stated, reference to Goods or patented processes by trade name, make, or catalog number shall be regarded only as a means of establishing a standard of quality; such references shall not be construed as limiting competition. The Contractor may, at its option, use any Goods or process that is equivalent to that named subject to the prior written acceptance by Metro. Metro shall be the sole judge of the quality and suitability of proposed alternative Goods or processes subject to the right of Metro to accept or reject such alternative.

GC-11-B Any Goods that may be purchased under the Contract shall be transported, handled, and stored by the Contractor in a manner that shall ensure the preservation of their quality, appearance, and fitness for the Work. All Goods shall also be stored in a manner that facilitates inspection.

GC-12 STANDARDS OF PERFORMANCE*

GC-12-A The Contractor shall perform and require its Subcontractors to perform the Work in accordance with the requirements of the Contract and in accordance with professional standards of skill, care, and diligence adhered to by firms recognized for their expertise, experience and knowledge in performing Work of a similar nature. The Contractor shall be responsible for the professional quality, technical accuracy, completeness, and coordination of the Work, it being understood that Metro will be relying upon such professional quality, accuracy, completeness, and coordination in utilizing the Work. The foregoing obligations and standards shall constitute the "Standard of Performance" for purposes of the Contract.

GC-12-B Contractor hereby represents that it has made the necessary commitment, that it possesses the necessary professional capabilities, qualifications, licenses, skilled personnel, experience, expertise, and financial resources, and it has available or will make the necessary equipment, materials, tools, and facilities to perform the Work in an efficient, professional, and timely manner in accordance with the terms and conditions of the Contract.

GC-12-C All personnel shall have sufficient skill and experience to perform the work assigned to them. Contractor shall ensure that any individual performing work under the Contract requiring a California license shall possess the appropriate license required by the State of California. All personnel shall have sufficient skill and experience to perform the Work assigned to them.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-65 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 GC-12-D If any Work provided by the Contractor is deficient because of the Contractor’s or a Subcontractor’s failure to perform the Work in accordance with the above standards, Metro shall report such deficiencies in writing to the Contractor. Metro thereafter may:

1. Have the Contractor re-perform such Work at the Contractor’s own expense; or

2. Have such Work performed in accordance with the Article entitled TERMINATION FOR DEFAULT herein, by others and the costs thereof charged to and collected from the Contractor.

GC-12-E Corrected or re-performed Work shall be subject to the above standards of performance.

GC-12-F The Contractor shall provide such specific standards of performance as may be set forth in individual CWOs as agreed to by the parties. If parties cannot agree Metro shall unilaterally establish them.

GC-12-G Metro shall have the right, in its absolute discretion, to require the removal of Contractor’s personnel at any level assigned to the performance of the Services or Work, if Metro considers such removal necessary in the best interests of the Program and requests such removal in writing. Such personnel shall be promptly removed from the Project by the Contractor at no cost or expense to Metro. Further, an employee who is removed from the Project for any reason shall not be re-employed on the Program.

GC-13 UNAUTHORIZED ACTIONS*

Any action taken by the Contractor or its Subcontractors not in conformance with the terms and conditions of the Contract will be considered as unauthorized and at the sole expense of the Contractor. Contractor or its Subcontractors will not be compensated for any actions deemed by Metro to be unauthorized. No extensions of time will be granted under the Contract or CWO due to unauthorized actions.

No Metro employee or officer, except the Contracting Officer, may authorize any Amendments to the Contract, issue a CWO or make Revisions to CWOs.

GC-14 PERIOD OF PERFORMANCE

A. Neither party hereto shall be considered in default in the performance of its obligations with respect to schedule, to the extent that the performance of any such obligation is prevented or delayed by an excusable delay. Should Contractor's Work be delayed by an excusable cause, Contractor's schedule for completion of tasks affected by such delay may be extended. Excusable delays may include, but are not limited to, Acts of God or acts or failures to act of government agencies or Metro in either their sovereign or contractual capacities; fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, civil disturbance; but, in every case, the failure to perform must be

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-66 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 reasonably beyond the control, and without the fault or negligence of the Contractor.

B. Within 30 days after the last day of delay, the Contractor shall furnish Metro with detailed information concerning the circumstances of the delay, the number of days actually delayed, the appropriate Contract references, and the measures taken to prevent or minimize the delay. Failure to submit such information shall be sufficient cause for denying the delay claim.

GC-15 INSPECTION OF WORK (ACCEPTANCE)*

GC-15-A Metro reserves the right to inspect all and every part of the Work at any time during the performance and after completion, at its discretion.

GC-15-B If the Work or any parts thereof have not been performed in accordance with the Contract, the Contractor will be notified in writing that such Work is rejected. Thereupon, the Contractor shall take the necessary corrective action. Metro shall not be obligated to make any inspections, however, and neither the inspection of the Work, nor the lack thereof, shall relieve the Contractor of its responsibility for performing and providing the Work in accordance with the terms of the Contract.

GC-15-C Metro shall not be deemed to have accepted the Contractor's performance of the Work unless Metro or its designated representative has given written notice of final acceptance of the Work to the Contractor. No payment in whole or in part shall be construed to be an acceptance of the Work.

GC-15-D Metro shall have access, at all reasonable times, to the Contractor's calculations, supporting materials, data, and information concerning the Work, including computer programs and printouts, which Metro determines are required to review the Work properly and expeditiously. The Contractor shall furnish sufficient and convenient facilities for such inspection and review, and shall grant Metro's designated representatives free access at all reasonable times to all locations where the Work is performed.

GC-15-E Prior to the release of Work or issuance of a CWO, Metro and the Contractor shall determine which required reports will be submitted to Metro in draft form before final submission of the report.

GC-16 FINAL ACCEPTANCE*

GC-16-A Final Acceptance Of Work

When the Contractor determines that all Work as authorized in the Contract or CWO is fully completed including all required submissions and deliveries to Metro specified in the Contract or CWO, the Contractor shall give Metro a written Request for final Contract or CWO Acceptance within ten (10) working days thereafter, specifying that the Work is completed and the date on which it was completed. Within ten (10) days after the receipt of the Request for Final

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-67 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 Contract or CWO Acceptance, Metro will commence a final review of the Work and, within 60 days will either:

1. Give the Contractor a final Contract/CWO Acceptance; or

2. Advise the Contractor in writing of any outstanding item or items which must be furnished, completed or corrected at the Contractor’s cost.

Upon submittal of the request for final Contract/CWO Acceptance, the Contractor shall make no additional charges for Work under the Contract/ CWO. Metro shall not pay for any additional charges or be liable for any costs incurred after the date of receipt of the request for final Contract/CWO Acceptance of Contract/CWO Work.

This procedure shall comply with Metro’s procedure entitled Services Contract Close-out in effect at the time of the request for Final Acceptance and shall be repeated until such time as Metro is satisfied that GC-17-B Final Acceptance of CONTRACT

GC-16-B Final Acceptance Of Contract

When Metro determines that all Work authorized under the Contract has been completed and Metro requires no further work from Contractor, or the Contract is otherwise terminated or expires in accordance with the terms of the Contract, Metro shall give the Contractor written notice that the Contract will be closed out. Contractor shall submit all outstanding Billings, Work submittals, Deliverables, reports or similarly related documents as required under the Contract and any CWO, within ninety (90) days of receipt of notice of Contract close-out. Upon Metro’s receipt of Contractor’s submittals under this Article, Metro shall commence a closeout audit of the Contract within one hundred twenty (120) days after final submission of the last Contractor’s or Subcontractor’s overhead rates and will either:

1. Give the Contractor final Contract acceptance; or

2. Advise the Contractor in writing of any outstanding item or items which must be furnished, completed or corrected at the Contractor’s cost.

This procedure shall comply with Metro’s procedure entitled Services Contract Close-out. Notwithstanding the final Contract/CWO Acceptance the Contractor will not be relieved of its obligations hereunder, nor will the Contractor be relieved of its obligations to complete any portions of the Work, the non-completion of which were not disclosed to Metro (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the Contractor shall remain obligated under all those provisions of the Contract which expressly or by their nature extend beyond and survive final Contract and/or CWO Acceptance.

GC-16-C Any failure by Metro to reject the Work or to reject the Contractor's Request for final Contract or CWO Acceptance as set forth above, shall not be deemed to be Acceptance of the Work by Metro for any purpose nor imply Acceptance of, or

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-68 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 agreement with, the Contractor's Request for final Contract and/or CWO Acceptance.

GC-17 SAFETY*

GC-17-A The Contractor shall at all times conduct its operations in such a manner as to avoid risk of bodily harm to persons or damage to property. The Contractor shall promptly take all reasonable precautions to safeguard against such risks and shall make regular safety inspections of its operations. The Contractor shall be solely responsible for the discovery, determination and correction of any unsafe conditions caused by the Contractor‘s performance of the Work.

GC-17-B In addition, the Contractor shall comply with all applicable safety laws, standards, codes, rules, and regulations, including any safety program established by Metro. The Contractor shall cooperate and coordinate with Metro and with other Metro Contractors on safety matters and shall promptly comply with any specific safety instructions or directions given to the Contractor by Metro. Notwithstanding, the construction contractor shall remain responsible for the construction site safety.

GC-17-C The Contractor shall inform its personnel of Metro safety practices and the requirements of Metro's safety program. If any of the Contractor's personnel are required to visit any Worksites, the Contractor shall furnish suitable safety equipment and enforce the use of such equipment by those personnel.

GC-18 WARRANTY*

The Contractor warrants that all Work shall be in accordance with the Contract and shall comply with the Standard of Performance for a period of one year from final acceptance of the Work. In the event of breach of this warranty, the Contractor shall take the necessary actions to correct the breach and the consequences thereof, at the Contractor's sole expense, in the most expeditious manner as permitted by existing circumstances. If the Contractor does not promptly take steps to correct the breach upon notification thereof by Metro, Metro without waiving any other rights or remedies it may have at law or otherwise, may do so or cause others to do so, and the Contractor shall promptly reimburse Metro for all expenses and costs incurred in connection therewith.

GC-19 RIGHTS IN PROPERTY*

GC-19-A Title

1. All property purchased by the Contractor for Metro, shall be hereinafter referred to as Metro Property. Title to Metro Property shall pass to and vest in Metro upon the vendor's delivery and acceptance of such property by the Contractor.

2. Title to Metro Property shall not be affected by its incorporation into or attachment to any property not owned by Metro, nor shall Metro Property become a fixture or lose its identity as personal property by being attached to any real property.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-69 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 3. The title transferred as described above shall in each case be good, and free and clear from any and all security interests, liens, and/or other encumbrances. The Contractor shall not pledge or otherwise encumber the items in any manner that would result in any lien, security interest, charge, and/or claim upon or against said items.

4. The Contractor shall promptly execute, acknowledge, and deliver to Metro proper bills of sale or other written instruments of title in a form as required by Metro; said instruments shall convey to Metro title to material free and clear of debts, claims, liens, mortgages, taxes, and/or encumbrances.

GC-19-B Metro Property shall be used only for performing Work on the Contract or CWO, unless otherwise provided in the Contract or approved by Metro's Contract Administrator.

GC-19-C PROPERTY ADMINISTRATION

1. The Contractor shall be responsible and accountable for all Metro Property provided under the Contract and shall submit an inventory list, or revised list, in a form acceptable to Metro's Contract Administrator within thirty (30) days of acquisition of Metro Property.

2. The Contractor shall establish and maintain a program for the use, maintenance, repair, protection, and preservation of Metro Property in accordance with sound business practice.

3. If damage occurs to Metro Property, the Contractor shall replace the items not otherwise covered by any warranties, or the Contractor shall make the necessary repairs at Metro's direction, all at no additional charge to Metro.

GC-19-D Metro and all its designees shall have access at all reasonable times to the premises in which any Metro Property is located for the purpose of inspecting Metro Property.

GC-19-E Upon completing the Contract or CWO or at such earlier dates as may be fixed by Metro: (1) the Contractor shall prepare and submit a final inventory list of all Metro property which includes the property's description, location and condition, and; (2) the Contractor shall prepare for shipment, and deliver F.O.B. destination, Metro property as may be directed or authorized by Metro.

GC-20 EXTENSION OF TIME

GC-20-A The Contractor will be granted an extension of time for any portion of a delay in completion of the Work caused by acts of a public enemy, wars, civil disturbances, fires, floods, earthquakes, epidemics, quarantine restrictions, freight embargoes, strikes, weather more severe than normal, any other cause not in the reasonable control of the Contractor or acts of God, providing that the:

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-70 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 1. Aforesaid causes were not foreseeable and did not result from the fault or negligence of the Contractor;

2. Contractor has taken reasonable precautions to prevent further delays owing to such causes; and

3. Contractor notifies Metro in writing of the cause(s) for the delay within five (5) days from the beginning of any such delay.

GC-20-B Claims for additional compensation shall be limited to the costs incurred during a Metro approved extension of time measured at end of period of performance not at time of delay.

GC-20-C An extension of time will not be granted for a delay described above caused by a shortage of Goods, except Metro-furnished Goods, unless the Contractor supplies Metro with documented proof that it made every effort to obtain such Goods from every known source within reasonable distance of the Work. The Contractor shall also submit proof, that the inability to obtain such Goods when originally planned, did in fact cause a delay in final completion of the Work that could not be compensated for by revising the sequence of its operations. Only the physical shortage of Goods will be considered as a basis for an extension of time. No consideration will be given to any claim that Goods could not be obtained at a reasonable, practical, or economical cost, unless it is shown to the satisfaction of Metro that:

1. Such Goods could have been obtained only at exorbitant prices or;

2. The prices were entirely inconsistent with current rates, taking into account the quantities involved and the usual practices employed in obtaining such quantities; and

3. Such facts could not have been known or anticipated at the time the Contract or CWO was executed.

GC-20-D In case the Contractor is actually and necessarily delayed by any act or omission on the part of Metro, or others under contract with Metro and providing that the Contractor notifies Metro in writing within five (5) days from the beginning of any such delay, specifying the act or omission causing such delay, the time for completion of the Work shall be extended accordingly, and an adjustment shall be made to the TCP or CWO Price for any increase in the cost of performance of the Services or Work (excluding profit) necessarily caused by such delay. If the delay in the performance of the portion of Work described in the Contractor’s five (5) day notice has been similarly delayed by Contractor-induced causes, including but not limited to the fault or negligence of the Contractor or any of its Subcontractors, the time for completion of the Work will be extended for the period of any such concurrent delay with no adjustment to the TCP or CWO Price.

GC-20-E Within thirty (30) days after the last day of a delay, the Contractor shall supply Metro with detailed information concerning the circumstances of the delay, the number of days actually delayed, the appropriate Contract and CWO references, METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-71 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 and the measures taken to prevent or minimize the delay. Failure to submit such information shall be sufficient cause for denying the delay claim. Metro will ascertain the facts and the extent of the delay; its findings thereon will be final and conclusive unless the Contractor disputes the decision. All time extensions must be approved by Metro prior to Contract or CWO Final Acceptance.

GC-20-F No extension of time will be granted under this Article for any delay in which remedies are included or excluded by any other provision of the Contract. Only the actual delay necessarily resulting from the causes specified in this Article shall be grounds for extension of time. In case the Contractor is delayed at any time or for any period by two or more of the causes specified in this Article, the Contractor shall not be entitled to a separate extension for each one of the causes; only one extension will be granted for the entire delay.

The Work shall continue and be carried on in accordance with all the provisions of the Contract. The Contract shall remain in full force and effect during the continuance and until the completion and Final Acceptance of the Services or Work covered by the Contract or CWO, unless formally suspended or terminated in accordance with the terms of the Contract. Permitting the Contractor to finish the Work, or any part thereof, after the time fixed for completion or after the date to which the time for completion may have been extended and/or making payments to the Contractor after any such periods shall not constitute a waiver on the part of Metro of any rights under the Contract.

GC-20-G Neither the granting of an extension of time beyond the date fixed for the completion of any part of the Work nor the performance and Acceptance of any part of the Work after the time specified for the completion of the Work shall be deemed to be a waiver by the authority of Metro's right to terminate the Contract or CWO for abandonment or failure to complete within the total time specified or to impose and deduct damages as may be specified.

GC-20-H In all cases that the Contractor either claims or intends to claim a delay, the Contractor shall submit to Metro at the earliest possible date and supplement thereafter as information becomes available:

1. An analysis of the impact of the claimed delay event upon the Contractor's then current Schedule, identifying the affected activities and the actual impacts; and

2. Proposals to minimize the effects of the claimed delay.

GC-21 CHANGES

GC-21-A The term "Change(s)," as used herein, means substitutions, additions, or deletions which result in revisions to the Contract or CWO. Change does not mean work performed by the Contractor to correct defective Work caused by the Contractor's negligent acts, errors or omissions.

GC-21-B Metro may at any time, and from time to time without invalidating the Contract or CWO, make Changes in the Scope of Work. Metro and Contractor will endeavor to reach mutual agreement regarding costs and Schedule associated with the METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-72 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 Change; however, Metro reserves the right to direct the Contractor to perform the Changed Work. Such Changes, including any increase or decrease in the amount of the Contractor's compensation and/or the period of performance, shall be incorporated into the Contract or CWO through the issuance of a Contract Amendment or CWO Revision. All of the provisions of the Contract shall apply to Changes. Upon receipt of a Contract Amendment or CWO Revision, approved by Metro, the Contractor shall continue performance of the Scope of Work as modified by the Amendment.

GC-21-C If a Fixed Fee as defined in the Compensation and Payment section is a part of the compensation for the Contract or CWO, it is the agreed intent of the parties that the Fixed Fee is an amount fixed at the inception of a CWO with respect to the Work planned and Scheduled as set forth in the Scope of Work and is not intended to vary with actual costs for the Work. A Contract Amendment or CWO Revision issued hereunder may, but will not automatically; result in a Change to the Fixed Fee.

GC-21-D Contractor's Cost and Schedule Proposal: The Contractor shall submit a Contractor's Cost and Schedule Proposal (utilizing the Form 60 provided in Compensation and Payments Provisions) to Metro within ten (10) days after receipt of a change request. The proposal shall detail price and scheduling information showing all of the cost and time ramifications of the Changes shown in the request. If any prices or other aspects are conditional, such as orders being made by a certain date or the occurrence of a particular event at a specified time, the Contractor shall identify these conditions in its proposal. The components to be used by the Contractor in preparing the proposal shall be those set forth in the Compensation and Payment Provisions and shall be presented in such a manner that all elements of the proposal can be easily identified and certified upon request. The submittal shall include certified current cost or pricing data as described in the Article entitled AUDITS herein.

GC-21-E Contract Amendment Or CWO Revision:

A Contract Amendment shall be agreed to by the Parties to reflect changes in the Contract terms and/or Scope of Services.

When the Contractor's compensation for a Change and the required adjustments, if any, to the Total Contract Price or CWO Price and/or Schedule have been determined, a Contract Amendment or CWO Revision will be issued containing the following items:

1. The total Contract/CWO adjustments to be made.

2. A statement that it is Metro's intention to treat the items described therein as Changes in the Work.

3. Scheduling requirements, time extensions, prices, and all costs of any nature arising out of each Change and a Certificate of Current Cost or Pricing Data.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-73 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 4. A statement that the adjustment to the Total Contract Price or CWO Price, if any, includes all amounts to which the Contractor is entitled as a result of the events giving rise to the CWO Revision.

The execution of a Contract Amendment or CWO Revision by both parties shall be deemed to be an agreement to all Changes in Contract terms and/or Scope of Services and costs and time of performance related to each Change. There will be no reservation of rights by either party on a bi-lateral Contract Amendment or CWO Revision.

For all Contract Amendments or CWO Revisions greater than or equal to one- hundred-thousand dollars ($100,000), an Ethics Declaration must be submitted by the Contractor.

GC-21-F Except as expressly provided herein, no order, statement, or conduct of any person shall be treated as a Change under the Contract or a CWO or entitle the Contractor to any adjustment under the Contract or a CWO.

GC-22 AUDIT SOFTWARE

At the request of Metro, the Contractor, Subcontractors and Suppliers shall allow installation of computer assisted audit techniques (CAAT) software supplied by Metro on its computer systems during the audit of Metro’s contract. In lieu of installation of CAAT software on the Contractor’s, Subcontractor’s or Supplier’s Home Office computers, a verified backup copy of its computer systems’ database(s) can be supplied. Upon reasonable advance notice, the Authorized Auditors shall have access at all reasonable times to this software, database or verified copy for the purpose of auditing and verifying the Contractor’s costs claimed to be due and payable hereunder. Prior to the start of an audit, the CAAT software will be supplied to the Contractor, its Subcontractors and Suppliers to allow for testing and review on its computer system. Once the audit is complete, the software will be removed from the Contractor’s, its Subcontractors’ and its Suppliers’ computer system. The software will be installed permanently at the Program Office in order to assist the Authorized Auditors in the review of the Program Office costs.

GC-23 NOTICE OF INTENT TO CLAIM AND CLAIMS

A. The Contractor shall give to Metro a written notice of potential claim within five (5) days of any act or event for which it intends to seek adjustment in the Contract/CWO price, terms, or schedule. The written notice shall set forth the basis of the claim and an estimate of any costs involved. The claim shall be filed within 30 days of the act or event and shall be in sufficient detail to allow Metro to evaluate the claim. The Contractor shall also furnish any additional information relating to the claim as Metro may request. Failure of the Contractor to comply with these requirements shall be sufficient cause for denying the Contractor's claim.

B. Metro shall, within 30 days of the receipt of the claim, render a decision or provide an estimate of when a decision will be made. If no decision is made

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-74 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 within 30 days of the filing of the claim, or within any extended period mutually agreed to in writing by the parties, the claim shall be deemed rejected by Metro. The Contractor shall proceed diligently with performance of the Contract/CWO, pending resolution of any claim or appeal or action ensuing under the Contract/CWO.

GC-24 RESOLUTION OF DISPUTES

The Parties shall use their best efforts to resolve disputes under the Contract by submission of the dispute to Metro’s Contract Administrator and the Contractor’s Contract Administrator. If a dispute cannot be resolved at this administrative level, the Parties may mutually agree to utilize an alternative dispute resolution (ADR) process such as arbitration, mediation, or other recognized ADR process for settling a dispute.

GC-25 SUSPENSION*

GC-25-A The requirements of this Article are in addition to other audit, inspection, and record keeping requirements specified elsewhere in the Contract.

GC-25-B If Metro notifies Contractor that work on a particular portion of the Project will be suspended for a period to exceed one hundred eighty (180) days, Contractor shall immediately notify Metro that key personnel working on that portion of the work can either:

(1) Be moved to support another portion of the Program, as approved by Metro, or

(2) Be released because there is no need for the services of the specific key personnel on the Program

If suspension is less than one hundred eighty (180) days, Contractor and Metro shall agree upon the short-term duties of all affected personnel.

GC-25-C The Contractor shall comply immediately with any written order it receives from Metro suspending the Work and take all reasonable steps to minimize costs allocable to the Work covered by the suspension during the period of suspended Work. The Contractor shall resume performance of the suspended Work upon expiration of the notice of suspension, or upon direction of Metro.

GC-25-D The Contractor shall be allowed an equitable adjustment in the TCP and CWO Price (not to include profit) and/or an extension of the Contract or CWO Time, directly attributable to any suspension and/or to recover reasonable costs incurred during suspension, provided that the Contractor makes a Claim as provided in the Article entitled NOTICE OF INTENT TO CLAIM AND CLAIMS herein. However, no adjustment shall be made under this Article for any suspension, delay or interruption to the extent that Contractor’s performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-75 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 adjustment or an extension of time is provided for or excluded under any other term or condition of the Contract.

GC-25-E Submittal of an RFC by the Contractor for an equitable adjustment of the TCP or CWO Price or the Contract or CWO Time extension shall be filed in compliance with the Article entitled CHANGES herein; and within twenty (20) days after the end of the Work suspension. The provisions of this Article shall only apply if a written order of suspension is issued by Metro.

GC-25-F Metro will make partial payments against costs authorized by Metro and incurred by the Contractor in connection with the suspended portion of the Contract or CWO, so long as the aggregate of such payments does not exceed the authorized value of the Contract or CWO.

GC-26 TERMINATION FOR CONVENIENCE OF METRO*

GC-26-A The performance of the Services or Work under the Contract or a CWO may be terminated at any time, in whole or in part, as determined by Metro in its sole discretion. Such termination will be accomplished by delivery of a Notice of Termination to the Contractor, specifying the extent to which performance of the Services or Work under the Contract or CWO shall be terminated and the date upon which such termination shall become effective.

GC-26-B After receipt of a Notice of Termination, except as otherwise directed by the AUTHORITY, the Contractor shall:

1. Stop Work under the Contract or a CWO on the date and to the extent specified in the Notice of Termination.

2. Place no further orders or Subcontracts for Goods or Work, except as may be necessary for completion of such portions of the Services or Work expressly excluded from the Notice of Termination.

3. Communicate any Notice of Termination to the affected Subcontractors and Suppliers, and any other parties, at any tier.

4. Terminate all orders and Subcontracts that relate to the performance of the Work terminated by the Notice of Termination.

5. Settle outstanding liabilities and Claims arising out of such termination of orders and Subcontracts, with the acceptance of Metro if required (which acceptance shall be final for the purposes of this Article).

6. Assign to Metro in the manner, at the times, and to the extent directed by Metro all of the rights, titles, and interests of the Contractor under the orders and Subcontracts so terminated; in which case Metro will have the right, at its sole discretion, to settle or pay any or all Claims arising out of the termination of such orders and Subcontracts.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-76 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 7. Transfer title and deliver to Metro in the manner, at the times, and to the extent directed by it:

a. Work in process, completed Work, and other Goods procured as a part of, or acquired in connection with, the performance of the Work terminated; and

b. The completed or partially completed plans, drawings, information, and other items that would have been required (per the Scope of Services and Scope of Work) to be furnished to Metro if the Contract or a CWO had been completed.

8. Use its best efforts to sell the Goods of the types referred to above in the manner, at the times, to the extent, and at the price(s) directed or authorized by Metro, providing that the:

a. Contractor is not required to extend credit to any purchaser;

b. Contractor may acquire any such Goods under the prescribed conditions; and/or

c. Proceeds of any such transfer or disposition are applied or otherwise credited to reduce payments made by Metro to the Contractor under the Contract or CWO.

9. Take any action that may be necessary, or that Metro may direct, for the protection and preservation of the property related to the Contract that is in the possession of the Contractor and in which Metro has or may acquire an interest.

10. Comply with all other requirements of Metro as may be specified in the Notice of Termination.

11. Complete performance of that portion of the Work that has not been terminated by the Notice of Termination, as applicable and in accordance with the Contract.

GC-26-C If the termination is for the convenience of Metro, Contractor shall submit a final invoice within 60 days of termination and upon approval by Metro, Metro shall pay Contractor a percentage of the total Contract price based on the percentage of the Work completed prior to the effective date of termination and other costs reasonably incurred by the Contractor to implement the termination.

GC-26-D Upon failure of the Contractor to submit its termination claim within the time specified, Metro will determine the amount due the Contractor, if any, on the basis of information available, and will pay the Contractor the amount so determined. Such payment shall constitute payment in full for the Work performed under the Contract or CWO. Any allowable costs incurred prior to the date of termination shall be handled in accordance with the Compensation and Payment Provisions.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-77 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 GC-26-E Subject to the provisions of the above Subarticle, the Contractor and Metro may agree upon the total or partial amount to be paid to the Contractor by reason of the total or partial termination of the Work pursuant to this Article. The Contract or CWO will be amended or revised accordingly and the Contractor will be paid the agreed-upon amount. Nothing in the following Subarticle, which deals with the failure to reach agreement on the total amount to be paid to the Contractor, shall be deemed to limit, restrict, or otherwise determine or affect the amount that may be agreed upon pursuant to this Subarticle.

GC-26-F In the event of failure of the Contractor and Metro to agree on the total amount to be paid the Contractor by reason of the termination of Work pursuant to this Article, Metro will pay the Contractor the amounts determined by Metro as follows, exclusive of any amounts agreed upon in accordance with the preceding Subarticle:

1. The Contract or CWO Price allocable to the portion of the Work properly performed by the Contractor as of the date of termination, including overhead, and Fixed Fee or profit, as determined in accordance with the Compensation and Payment Provisions, reduced by any sums previously paid to the Contractor.

2. The cost of settling and paying Claims arising out of the termination of the Work under Subcontracts or orders as specified above, exclusive of the amounts paid or payable on account of Goods delivered or Work furnished by Subcontractors prior to the effective date of the Notice of Termination of Work under the Contract or CWO, which amounts are included in subarticle E of this Article.

3. Profit on the cost of Work performed is included in the amount determined in subarticle E of this Article. However, if the Contractor would have sustained a loss on the entire Contract or CWO had it been completed, the Contractor shall not be entitled to a profit and the settlement will be reduced to reflect the indicated rate of loss.

4. The reasonable cost of preserving and protecting property will also be paid, as well as any other reasonable costs incidental to the termination of the Work under the Contract or a CWO, including those reasonable expenses incurred to determine the amounts due.

GC-26-G Except to the extent that Metro will have otherwise expressly assumed the risk of loss, the fair value (as determined by Metro) of property that is destroyed, lost, stolen, or damaged (so as to become undeliverable to Metro or other buyer as described above) shall be excluded from the amounts paid to the Contractor.

GC-26-H In arriving at the amount due the Contractor under this Article, retention shall be made for the following:

1. The amount of the Claim that Metro may have against the Contractor in connection with the Contract or a CWO; and

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-78 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 2. The agreed upon price for and/or proceeds from the sale of Goods or other items acquired or sold by the Contractor that have not been otherwise recovered by or credited to Metro.

GC-26-I Under such terms and conditions as it may prescribe and at its sole discretion, Metro may make partial payments against costs incurred by the Contractor in connection with the terminated portion of the Contract or a CWO whenever Metro decides that the aggregate of such payments is within the amount to which the Contractor is entitled hereunder. If the total of such payments is in excess of the amount finally agreed-upon or determined to be due under this Article, such excess shall be payable by the Contractor to Metro upon demand, together with interest at a rate equal to that set forth in California Code of Civil Procedure Section 685.010.

GC-26-J The Contractor shall not be entitled to anticipatory or consequential damages as a result of any termination under this Article. Payment to the Contractor in accordance with this Article shall constitute the Contractor's exclusive remedy for any termination hereunder. The rights and remedies of Metro provided in this Article are in addition to any other rights and remedies provided by law or under the Contract.

GC-26-K Anything contained in the Contract or a CWO to the contrary notwithstanding, a termination under this Article shall not waive any right or claim to damages that Metro may have; Metro may pursue any cause of action that it may have by law or under the Contract.

GC-27 TERMINATION FOR DEFAULT*

GC-27-A Metro may terminate the Contractor's Work, in whole or in part, for default under any of the following circumstances:

1) Failure or refusal of the Contractor to perform any obligation required under the Contract or a CWO, or violation of any duty required of the Contractor under the Contract or a CWO.

2) Bad faith by the Contractor.

3) Violation by the Contractor of an order or requirement of Metro authorized by or within the scope of the Contract or a CWO.

4) Abandonment of the Contract or a CWO by the Contractor.

5) A filing by or against the Contractor of a petition in bankruptcy, reorganization, insolvency, conservatorship, or similar proceeding.

6) Failure of the Contractor to pay any amounts owing to any persons performing any portion of the Work, or the failure of the Contractor to pay its debts incurred on the Contract as they become due, providing that such failure continues for a period of ten (10) working days after written notice to the Contractor by Metro.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-79 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 7) The attachment, levy, execution, or other judicial seizure of any portion of the Contractor's property, or any substantial portion of the other assets of the Contractor, which is not released, expunged, or discharged within a period of ten (10) working days.

8) Material failure to comply with any law, ordinance, rule, regulation, or order of a legal authority applicable to the Contractor, the Services, the Work, the Contract, a CWO, the Program or the Project.

9) Failure to indemnify any party that the Contractor is obligated to indemnify under the Article entitled LIABILITY AND INDEMNIFICATION herein or elsewhere under the Contract. 10) Failure to promptly correct or re-perform rejected Work.

11) Conviction of the Contractor or any of its officers, partners, principals, or employees for a violation of any federal, state or local safety law or regulation, or for a crime arising out of, or in connection with, the Work to be done or payment to be made under the Contract.

GC-27-B If Metro determines the Contractor is in default of the Contract or CWO, Metro will so notify the Contractor by issuing a Cure Notice describing the default. If the Contractor fails to cure the default within five (5) days after receipt of such Cure Notice, or if the default cannot be cured within five (5) days, and the Contractor fails to commence to cure within five (5) days and diligently proceed to cure within the time Metro determines to be necessary, Metro may, by written notice, terminate the Contractor's right to proceed under all or such part of the Contract or CWO as Metro at its sole discretion deems to be in its best interest. Whether or not the Contract or a CWO or any part thereof is terminated, the Contractor shall be liable for any damage to Metro resulting from the Contractor's default.

GC-27-C Upon receipt of a Notice of Termination for default from Metro, the Contractor shall:

1) Stop all Work under the Contract or a CWO on the date and to the extent specified in the Notice of Termination.

2) Place no further orders or Subcontracts for Goods or Work, except as may be necessary for completion of such portions of the Services or Work expressly excluded from the Notice of Termination.

3) Communicate any Notice of Termination to the affected Subcontractors and Suppliers, and any other parties, at any tier.

4) Terminate all orders and Subcontracts that relate to the performance of Work terminated by the Notice of Termination.

5) Comply with all other requirements of Metro as may be specified in the Notice of Termination.

GC-27-D Upon Metro's termination of the Contract or CWO because of the Contractor's default under the Contract or a CWO, Metro shall have the right to complete the METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-80 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 Work by whatever means and methods it deems advisable. Metro will not be required to obtain the lowest prices for completing the Work, but shall make such expenditures that, in Metro’s sole judgment, best accomplish such completion.

GC-27-E If the termination is due to the failure of the Contractor to fulfill its contractual obligations, Metro may take over the Work, and complete the Work by contract or otherwise. In such case, the Contractor shall be liable to Metro for any reasonable costs or damages occasioned to Metro thereby. The expense of completing the Work, or any other costs or damages otherwise resulting from failure of the Contractor to fulfill its obligations, will be charged to the Contractor and will be deducted by Metro out of such payments as may be due or may at any time thereafter become due to Metro. If such costs and expenses are in excess of the sum which otherwise would have been payable to the Contractor, then the Contractor shall promptly pay the amount of such excess to Metro upon notice of the excess so due.

GC-27-F If the Contract or CWO is terminated as specified in this Article, Metro may require that the Contractor transfer title to and deliver the following items to Metro as directed: any Goods, fixtures, plans, drawings, information, reports, estimates, Contract or CWO rights and other items that the Contractor has specifically produced or acquired for the terminated portion of the Contract or a CWO and would have been required to be furnished to Metro if the Contract or a CWO had been completed. The Contractor also shall, at its sole expense, protect and preserve property in its possession in which Metro has an interest.

GC-27-G If, after the notice of termination for failure to fulfill Contract obligations, it is determined that the Contractor has not so failed, the termination shall be deemed to have been effected for the convenience of Metro. In such event, adjustment shall be made as provided in Article entitled TERMINATION FOR CONVENIENCE herein.

The Contractor shall not be entitled to anticipatory or consequential damages as a result of any termination under this Article. Payment to the Contractor in accordance with this Article shall constitute the Contractor's exclusive remedy for any termination hereunder. The rights and remedies of Metro provided in this Article are in addition to any other rights and remedies provided by law or under the Contract.

GC-28 ASSIGNMENT*

GC-28-A The Contractor shall not assign, transfer, convey, or otherwise dispose of the Contract or a CWO (or the right, title, or interest in it or any part of it) without the prior written consent and endorsement of Metro, which consent shall not be unreasonably withheld.

GC-28-B No right under the Contract shall be asserted against Metro, in law or in equity, by reason of any assignment of the Contract, or any part thereof, unless authorized by Metro as specified in this Article.

GC-28-C Any assignment of proceeds of the Contract shall be subject to all proper setoffs and withholdings in favor of Metro and to all deductions specified in the Contract METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-81 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 or CWO. All monies withheld, whether assigned or not, shall be subject to being used by Metro for completion of the Work, pursuant to the terms of the Contract. In the event that Metro consents to such assignment of monies, written notice thereof shall be given by the Contractor to Metro at least ten (10) days before payment is due.

GC-29 ENVIRONMENTAL COMPLIANCE

GC-29-A The Contractor shall include the requirements of the following Subarticles in every Subcontract that is more than one hundred thousand dollars ($100,000) and shall take such action as Metro directs to enforce these requirements.

GC-29-B The Contractor shall comply with all air, water, and noise pollution provisions set forth in the Scope of Services or Scope of Work.

GC-29-C Air Quality Control

1. The Contractor shall comply with all applicable standards, orders, and requirements issued under the Clean Air Act (42 USC § 7401); all applicable standards of the State of California; and all clarifications, mitigation measures, and any other requirements approved by Metro in accordance with state and federal laws.

2. The Contractor shall comply with all rules, regulations, and ordinances of the South Coast Air Quality Management District (SCAQMD) and statutes of the State that apply to any Work performed pursuant to the Contract or CWO, including any air quality control rules, regulations, ordinances, and statutes specified in Section 11017 of the California Government Code. Contractor, Subcontractors, and Suppliers shall submit evidence to Metro that the governing air quality control criteria are being met; such evidence will be retained by Metro.

3. In the absence of applicable air quality control rules, regulations, ordinances, or statutes governing solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the Contract or CWO, the Contractor shall comply with the applicable material requirements of the SCAQMD. Containers of paints, thinner, curing compound, or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements.

4. The Contractor shall comply with California state law regarding pollution controls in purchasing new motor vehicles with Project funds.

5. Material to be disposed of shall not be burned.

GC-29-D Water Quality:

The Contractor shall comply with all applicable standards, orders, and requirements issued under the Clean Water Act (33 USC § 1251); all applicable water standards of the State of California; and all clarifications, mitigation

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-82 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 measures, and any other requirements approved by Metro in accordance with state and federal laws.

GC-29-E Environmental Protection Agency Regulations

1. The Contractor shall comply with all applicable regulations (40 CFR Part 15) of the Environmental Protection Agency (EPA).

2. The Contractor shall not use any facility in the performance of the Contract or CWO that is listed on the EPA List of Violating Facilities, unless and until the EPA eliminates said name of such facility from said listing. The Contractor shall promptly notify Metro of the receipt of any communication from the Director, Office of Federal Activities, EPA (or any successor agency), indicating that a facility to be used by the Contractor is under consideration for listing on the EPA List of Violating Facilities. The Contractor shall also report violations to Metro, to the FTA, and to the EPA Assistant Administrator for Enforcement.

GC-29-F Energy Conservation:

The Contractor shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6321). Refer to the Scope of Services or the Scope of Work for energy conservation measures.

GC-30 HISTORICAL, ARCHAEOLOGICAL, PALEONTOLOGICAL, AND SCIENTIFIC DISCOVERIES*

All things of historical, archaeological, paleontological, or scientific interest encountered by the Contractor during performance of the Work shall be reported immediately to Metro. Work in the vicinity of the discovery shall be halted in order to preserve and protect it until its significance can be determined by Metro. Metro will issue instructions to the Contractor with respect to the disposition of the discovery.

GC-31 THE CONTRACTOR'S INTERACTION WITH THE MEDIA AND THE PUBLIC*

1. Metro shall review and approve all Metro related copy proposed to be used by the Contractor for advertising or public relations purposes prior to publication. The Contractor shall not allow Metro related copy to be published in its advertisements and public relations programs prior to receiving such approval. The Contractor shall ensure that all published information is factual and that it does not in any way imply that Metro endorses the Contractor's firm, service, and/or product.

2. The Contractor shall refer all inquiries from the news media to Metro, and shall comply with the procedures of Metro's Public Affairs staff regarding statements to the media relating to the Contract or the Work.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-83 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 3. If the Contractor receives a complaint from a citizen or the community, the Contractor shall inform Metro about what action was taken to alleviate the situation.

4. The Contractor shall not publish information or technical data acquired or generated by the Contractor in performing the Contract until such time as such information or technical data is released in published reports by Metro or otherwise authorized by Metro.

GC-32 WHISTLEBLOWER REQUIREMENTS*

GC-32-A The Contractor shall not adopt any rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency, where the employee believes the information discloses violation or noncompliance with a state or federal regulation; nor shall an employer retaliate against an employee for taking such actions as set forth in the California Labor Code Sections 1101 et. seq.

GC-32-B The Contractor shall post and maintain all Metro Phone Hotline literature provided by Metro ("Hotline Literature") at place(s) of performance during the term of the Contract. All Hotline Literature is to be posted in prominent locations that are highly visible and accessible to Contractor's employees. Contractor shall not hinder or coerce its employees from using Metro Phone Hotline to voice ideas, suggestions, or concerns relative to the performance of any Metro contract. The Contractor shall provide access to Metro representatives for the purpose of verifying Contractor's adherence to this section. In the event Metro inspection finds the Contractor has failed to comply herewith, the Contractor shall correct such failures including, but not limited to, replacing Hotline Literature and sponsoring training sessions, with Metro representatives, on the use of Metro Phone Hotline.

GC-33 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT*

The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act in performing the Work under the Contract.

GC-34 SEVERABILITY*

In the event any Article, section, Subarticle, paragraph, sentence, clause, or phrase contained in the Contract or CWO shall be determined, declared, or adjudged invalid, illegal, unconstitutional, or otherwise unenforceable, such determination, declaration, or adjudication shall in no manner affect the other Articles, sections, Subarticles, paragraphs, sentences, clauses, or phrases of the Contract or CWO, which shall remain in full force and effect as if the Article, section, Subarticle, paragraph, sentence, clause, or phrase declared, determined, or adjudged invalid, illegal, unconstitutional, or otherwise unenforceable, was not originally contained in the Contract or CWO.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-84 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 GC-35 GOVERNING LAW*

The Contract has been negotiated between Metro and the Contractor and shall be subject to the laws of the State of California.

By entering into the Contract, the Contractor consents and submits to the jurisdiction of the Courts of the State of California, County of Los Angeles, over any action at law, suit in equity, and/or other proceeding that may arise out of the Contract.

GC-36 PUBLIC RECORDS ACT*

GC-36-A All records, documents, drawings, plans, specifications and other information relating to conduct of Metro's business, including information submitted by the Contractor shall become the exclusive property of Metro and shall be deemed public records. Said materials are subject to the provisions of the California Public Records Act (Government Code sections 6250 et. seq.). Metro's use and disclosure of its records are governed by this Act. Metro will not advise as to the nature or content of documents entitled to protection from disclosure under the California Public Records Act.

GC-36-B In the event of litigation concerning the disclosure of any information submitted by the submitting parties, Metro's sole involvement will be as a stakeholder, retaining the information until otherwise ordered by a court. The submitting party, at its sole expense and risk, shall be responsible for any and all fees for prosecuting or defending any action concerning the information, and shall indemnify and hold Metro harmless from all costs and expenses including attorneys' fees, in connection with any such action.

GC-37 LIABILITY AND INDEMNIFICATION*

GC-37-A Indemnification

To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless Metro, its subsidiaries, and any of their respective members, directors, officers, employees and agents, from and against any and all Claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses, including but not limited to workers compensation suits, breaches of contract and any fees of accountants, attorneys or other professionals arising out of, or resulting from any act, omission, fault or negligence of the Contractor or any of its officers, Authorized Representative, employees, Subcontractors or Suppliers, or any person or organization directly or indirectly employed by any of them, in connection with or relating to, or claimed to be in connection with or relating to, the Services, the Work, the Contract, or the Program, including but not limited to any costs or liability on account of:

1. Personal injury to or death of any person (including employees of the parties to be indemnified) or for damage to or loss of use of property (including property of Metro); and

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-85 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 2. Metro's reasonable reliance upon the use of data or other information provided or delivered by the Contractor pursuant to the Contract or CWO.

The indemnification specified in this Article shall apply even in the event of the act, omission, fault or negligence whether active or passive, of the party or parties to be indemnified, but shall not apply to Claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses arising from the willful misconduct of, or defects in design furnished by, the party or parties to be indemnified. Metro shall not be responsible for any negligence, willful misconduct or defects in design caused and/or furnished by the Contractor.

The indemnification specified in this Article shall survive termination or closeout of the Contract, CWO or Final Payment thereunder and is in addition to any other rights or remedies that Metro may have under the law or under the Contract. In the event of any Claim or demand made against any party that is entitled to be indemnified hereunder, Metro may at its sole discretion reserve, retain, and/or apply any monies due the Contractor under the Contract or CWO, for the purpose of resolving such Claims; provided, however, that Metro may release such funds if the Contractor gives Metro reasonable assurance that Metro’s interests will be protected. Metro shall, at its sole discretion, determine whether such assurance is reasonable.

Claims against the indemnified parties by any employee of the Contractor, its Subcontractors, Suppliers, anyone directly or indirectly employed by any of them, and/or anyone for whose acts any of them may be liable shall not in any way limit the Contractor’s indemnification obligation as set forth above, including the amount and/or type of damages, compensation, and/or benefits payable by or for the Contractor or its Subcontractors under workers’ compensation acts, disability benefit acts, and/or other employee benefit acts and/or insurances.

GC-37-B Third Party Liability

Nothing contained in the Contract or CWO is intended to or shall have the effect of creating any rights in any third party against Metro. The inclusion of the Contract or any part thereof in any other document shall not be deemed to be creating or incorporating any obligation, duty, or liability on the part of Metro. The Contractor shall indemnify the AUTHORITY in accordance with the provisions of this Article against any claim made by any third party claiming rights under the Contract.

GC-37-C Joint Severable Liability

If the Contractor is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of the Contractor that are assumed under or arise out of the Contract. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of the Contractor contained in, resulting from or assumed under the Contract, and the failure to give any such notice shall not affect or impair such venturer's or partner's joint and several liability hereunder.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-86 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 GC-37-D Professional Liability

The Contractor shall be responsible for the professional quality, technical accuracy, completeness and coordination of all Work furnished by the Contractor (including the Work performed by Subcontractors on the basis provided herein) under the Contract or CWO. In addition to any other remedies provided Metro under the Contract, CWO or at law, the Contractor or Subcontractor shall correct or revise at no additional cost or fee to Metro any defective Work caused by the Contractor's or Subcontractor’s negligent acts, errors or omissions in the performance of the Work hereunder. Neither Metro's inspection of, nor failure to inspect, review, accept, make payment for, any of the Work required under the Contract shall be construed to relieve the Contractor or Subcontractor of its obligations and responsibilities under the Contract or CWO for any negligent acts, errors and omissions in its performance of Work hereunder, nor operate as a waiver of any of Metro's rights under the Contract or of any cause of action arising out of the performance of the Contract. The Contractor or Subcontractor shall be and remain liable to Metro in accordance with applicable law for all damages to Metro caused by any failure of the Contractor or Subcontractor to comply with the terms and conditions of the Contract or CWO, or by the Contractor's or Subcontractor’s negligent acts or errors or omissions in the performance of the Contract or CWO. With respect to the performance of Work by Subcontractors, the Contractor shall use its professional judgment, care and prudence in approving and accepting such Work but shall also take all action necessary to ensure correctness/accuracy of Subcontractors work. The Contractor warrants that the Work performed hereunder is of high professional quality and has been performed in full conformity with all codes, rules, regulations and statutory requirements.

In the event that the Contractor fails to perform its obligations under this Article (or under any other warranty or guarantee under the Contract) within the specified time and to the reasonable satisfaction of Metro, Metro shall have the right to correct and/or cause to be re-performed any defective or non-conforming Work and any Work of third parties damaged by such defective or non- conforming Work or the correction or re-performance thereof. The Contractor shall be obligated to fully reimburse Metro upon demand for any expenses incurred hereunder.

GC-37-E Investigation Of Potential Negligence

Contractor shall pay for all costs associated with its investigation of any negligence alleged against it under the terms and conditions of the Contract, unless there is a finding that the Contractor was not negligent; in which case Metro shall only pay for the reasonable cost of the Contractor’s staff time to investigate the alleged negligence. Where it has been determined Contractor was in fact negligent, Contractor shall be responsible for and charged with Metro’s staff time to investigate or review any alleged negligence by the Contractor, or any construction change order request, request for information, or claim related thereto, which shall not include third party costs.

The Contractor shall be a participant in the review of any construction change order request, request for information, or claim which alleges or involves potential METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-87 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 Contractor negligence, and shall not be responsible for or charged with any claims for delay by the Construction Manager or any construction Contractor unless the Contractor has been given a reasonable opportunity to participate in the review.

GC-37-F The Contractor acknowledges that the rights and remedies of Metro specified in this Article are in addition to and do not limit any rights or remedies of Metro, afforded by the Contract or by law.

GC-37-G Warranty

Contractor Warranties: Contractor warrants that: it is aware of and understands the hazards which are presented to persons, property and the environment in the performing of transportation, storage, remediation and disposal Work as described within the Scope of Work of the Contract or CWO. It will transport, store, remediate and dispose of such materials in full compliance with all applicable governmental laws, regulations and orders. If the Scope of Work requires off-site storage or disposal, the selected storage and disposal facilities described in the work plan are now appropriately licensed and permitted to store and dispose of the waste, materials or hazardous substances detailed within the work plan. In the event the storage or disposal facility loses its permitted status hereafter during the terms of the Contract or CWO, Contractor will promptly notify Metro of such loss.

GC-37-H Indemnification - Environmental Impairment Losses

Environmental Impairment Losses (in addition to the indemnification provisions of the Contract). It is agreed that the Contractor, at the Contractor’s sole cost and expense, shall indemnify and hold harmless Metro from and against the full amount of any and all present and future Environmental Impairment Losses that may arise out of the negligent performance of the activities or Work provided by the Contractor under the Contract or CWO. The term "Environmental Impairment Losses" shall mean any and all loss, liability, expense or damage (including, without limitation, all attorneys' fees and costs and all other professional or contractors’ fees and costs), incurred by Metro under federal, state or local environmental law as a result of the activities conducted by the Contractor under the Contract or CWO.

GC-37-I Environmental Indemnity

In addition to any other indemnification provisions of the Contract, Contractor shall indemnify, defend and hold harmless Metro, its subsidiaries, and all of their officials, officers, agents, employees, and contractors, from and against any and all present and future liability, loss, cost, damage, and expense of every kind and nature, including, but not limited to, cleanup costs, releases or substances resulting from acts of Contractor, failure to recognize or report the existence, quantity, or location of substances, remedial work required under any federal, state, or local law, regulation, or ordinance, contractors’ fees, and attorneys' fees, resulting, directly or indirectly, from any negligent act or omission of Contractor, or any employee, Subcontractor, or Supplier of t Contractor, in the performance

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-88 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 or failure to perform any work carried out, wholly or in part, pursuant to the Contract or CWO.

GC-38 RIGHTS IN TECHNICAL DATA, PATENTS AND COPYRIGHTS*

GC-38-A All documents and materials prepared or developed by the Contractor and its Subcontractors pursuant to the Contract shall become the property of Metro, including all intellectual property and other proprietary rights, without restriction or limitation on their use and shall be made available upon request, to Metro at any time. Original copies of such shall be delivered to Metro upon completion of the Work or termination of the Work. The Contractor shall be permitted to retain copies of such items for the furtherance of its technical proficiency; however, publication and further use of this material is subject to the written approval of Metro.

GC-38-B Metro shall have the right to use, duplicate, modify or disclose all documents and materials and the information conveyed therein, in whole or in part, in any manner whatsoever, and to have or permit others to do so except as limited by the Article entitled PUBLIC RECORDS ACT herein.

GC-38-C To the extent Contractor incorporates documents and materials where the copyrights and other intellectual property rights to such documents and materials belong to third parties, the Contractor shall secure and grant to Metro and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free license to publish, perform, translate, reproduce, deliver, create derivative works of, and otherwise use as they deem fit. No such materials shall be included in documents and materials prepared or developed by Contractor and its Subcontractors hereunder without the written permission of the copyright owner for Metro to use such in the manner herein described.

GC-38-D The Contractor warrants that the Work and Goods shall be delivered free of any rightful claim of any third party for infringement of any United States patent or copyright. If a suit or proceeding based on a claimed infringement of a patent or copyright is brought against Metro, the Contractor shall, at its own expense, defend or settle any such suit or proceeding if authorized to do so in writing by Metro, and indemnify and hold harmless Metro, its subsidiaries, agents and employees from all liability, damages, costs, and expenses associated therewith, including, but not limited to, defense costs and attorneys' fees.

When use of these Goods and/or processes is judged to be an infringement and such use is banned, the Contractor, at its own expense, shall, with the concurrence of Metro, do one of the following:

1. Secure for Metro the right to continue using said Goods and/or processes, by suspension of the injunction or by procuring a license(s);

2. Replace said Goods and/or processes, with non-infringing Goods and/or processes;

3. Modify said Goods and/or processes, so that they become non-infringing; or

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-89 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 4. Remove said Goods and/or processes, and refund the sum paid therefor without prejudice to any other rights of Metro.

GC-39 SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE*

GC-39-A The Terms Used In This Article Are Defined As Follows:

1. Software: The computer programs and products required to be developed and delivered by the Contractor to Metro under the Contract, in object code (but excludes commercial software developed at private expense and not in the public domain).

2. Source Code Materials: A human-readable copy of the Software and related materials and documentation generated in preparing the Software, including programmer notes, flow charts, logic diagrams, and listings.

3. Documentation: Systems and user manuals sufficient to enable a person skilled in the applicable art to operate, maintain, and support the Software for its intended purposes.

GC-39-B The Contractor shall deliver to Metro the Software, Source Code Materials, and Documentation, in such tape, disk, or hardcopy format as Metro may designate.

GC-39-C The Contractor shall retain ownership of the Software, Source Code Materials, and Documentation with the right to exploit the same, subject to Metro's rights as herein provided. Metro shall place such copyright notices affirming the Contractor's ownership rights as the Contractor may reasonably require on all materials licensed hereunder which are reproduced by Metro.

GC-39-D The Contractor hereby grants to Metro a royalty-free, paid-up, non-exclusive license, in perpetuity, to use duplicate, and disclose the Software, Source Code Materials, and Documentation, and to make modifications of and enhancements to the Software, and permit others (who sign standard nondisclosure agreements) to do the same, but only for governmental purposes and not for any commercial purposes.

GC-39-E Metro shall hold the Software, Source Code Materials, and Documentation in confidence, shall use and disclose them only as expressly authorized herein or as required by law and only to its employees, agents or sublicensees to whom disclosure is necessary or appropriate for the performance and exercise of its rights hereunder, and shall take reasonable steps to ensure that unauthorized persons will have no access to them.

GC-39-F The Contractor warrants that the Software will perform according to the specifications set forth in the Contract, that it is owner of the Software, Source Code Materials, and Documentation that it has the right to convey and grant the license herein granted to Metro, and that Metro's use thereof as herein contemplated will not infringe any third party's proprietary rights in the United States. The foregoing warranties shall not apply to the extent the Software is modified by Metro.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-90 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 GC-39-G Upon Metro's request the Contractor shall generate modifications of and enhancements to the Software not required by the Contract, at the Contractor's rates charged for comparable Work to its most favored customers.

GC-40 AGENT TO ACCEPT SERVICE

The Contractor shall maintain within Los Angeles County a duly authorized agent as identified in the Article entitled NOTICE AND SERVICE THEREOF of the Special Provisions to accept service of legal process on its behalf, and shall keep Metro advised of such authorized agent name and address during the duration of the Contract and for three (3) years after Final Payment, or as long as the Contractor has warranty obligations under the Article entitled WARRANTY herein, whichever period terminates later. In the event that no such duly authorized agent is on file with Metro, the Contractor agrees that the Secretary of State of the State of California shall be the Contractor's authorized agent for service of legal process.

GC-41 CONFLICT OF INTEREST*

GC-41-A Contractor warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for Contractor, to solicit or secure the Contract and that is has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of the Contract. For breach of this warranty, or violation of any other prohibition in this Article, Metro shall have the right to terminate the Contract for failure of Contractor to fulfill its Contract obligations.

GC-41-B Contractor agrees that, for the term of the Contract, no member, officer, or employee of Metro, or of a local public body during their employment and for one (1) year thereafter, shall have any interest, direct or indirect, in the Contract, or to any benefit arising thereof as prohibited by Government Code § 1090 and 87100.

GC-41-C The employment by Contractor of personnel on the payroll of Metro for the performance of Work under the Contract will not be permitted, even though such employment may be outside of the employee's regular working hours or on Saturdays, Sundays, holidays, or vacation time. The employment by the Contractor of personnel who have been on Metro payroll within one (1) year prior to the date of Contract award, where such employment is caused by and/or dependent upon Contractor securing the Contract or a related contract with Metro, is also prohibited.

GC-41-D Neither the Contractor nor its employees nor its subcontractors or their employees shall give or offer to give any campaign contribution to any member of Metro in violation of Government Code Section 84308.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-91 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 GC-42 COVENANT AGAINST CONTINGENT FEES*

GC-42-A The Contractor warrants that no person or Authorized Representative has been specifically employed or retained to solicit or obtain the Contract in exchange for a contingent fee, except a bona fide employee or Agent. A breach or violation of this warranty shall be considered a breach of Contract pursuant to the Article entitled TERMINATION FOR DEFAULT herein. In addition to any rights and remedies otherwise provided for in the Contractor by law, Metro may deduct from the TCP or consideration, or otherwise recover, the full amount of the contingent fee.

GC-42-B "Bona fide Agent", as used in this Article, means an established commercial or selling entity that is maintained by the Contractor for the sole purpose of securing business and that neither exerts nor proposes to exert improper influence to solicit or obtain Metro contract(s) nor holds itself out as being able to obtain any Metro contract(s) through improper influence.

GC-42-C "Bona fide employee", as used in this Article, means a person who is employed by the Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance and who neither exerts nor proposes to exert improper influence to solicit or obtain Metro contract(s) nor holds itself out as being able to obtain any Metro contract(s) through improper influence.

GC-42-D "Contingent fee", as used in this Article, means any commission, percentage, or other sum that is payable only upon success in securing a Metro contract.

GC-42-E "Improper influence," as used in this Article, means any influence that induces or tends to induce a Metro employee, officer, Contractor, Subcontractor, Authorized Representative, or Consultant to give consideration or to act regarding a Metro Contract on any basis other than the merits of the matter.

GC-43 NO WAIVER

GC-43-A Failure of Metro to enforce at any time, or from time to time, any provision of the Contract shall not be construed as a waiver thereof.

No waiver by Metro of any breach of any provision of the Contract shall constitute a waiver of any other breach or of such provision.

Failure or delay by Metro to insist upon strict performance of any terms or conditions of the Contract, or to exercise any rights or remedies provided herein by law, shall not be deemed a waiver of any right of Metro to insist upon strict performance of the Contractor's obligations set forth in the Contract, or any of its rights or remedies as to any prior or subsequent default hereunder.

GC-44 CONFIDENTIALITY*

Contractor agrees that for and during the entire term of the Contract, any information, data, figures, records, findings and the like received or generated by the Contractor in the performance of the Contract, shall be considered and kept

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-92 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 as the private and privileged records of Metro and will not be divulged to any person, firm, corporation, or other entity except on the direct authorization of Metro. Further, upon termination of the Contract for any cause, Contractor agrees that it will continue to treat as private and privileged any information, data, figures, records and the like, and will not release any such information to any person, firm, corporation or other entity, either by statement, deposition, or as a witness, except upon direct written authority of Metro.

GC-45 SAFETY AND LOSS PREVENTION *

This Article is to be construed in its broadest sense for the protection of persons and property by the Contractor and no action or omission by Metro, the Contracting Officer, any Authorized Representative or any other person shall relieve the Contractor of any of its obligations and duties hereunder.

A. Metro’s Safety Principles 1. Safety is a 24/7 priority 2. Safety is everyone’s responsibility 3. Accidents and injuries are preventable 4. Working safely is a condition of employment 5. Training is essential for good safety performance 6. Management is accountable for safety

B. Contractor Responsibilities

The Contractor is responsible for:

1. Complying with all applicable safety Laws 2. Enforcing Worksite safety practices; and 3. The discovery, determination and correction of any unsafe conditions related to the Contractor’s performance of the Work or Goods supplied by the Contractor on Metro property. 4. The Contractor shall cooperate and coordinate with Metro and with other METRO Contractors on safety matters and shall promptly comply with any specific safety instructions or directions given to the Contractor by METRO.

C. Safety Practices

1. The Contractor shall inform its personnel of Metro safety practices and the requirements of Metro’s safety program identified in Metro Safety Manual for Other Than Major Construction.

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-93 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 2. If any of the Contractor’s personnel are required to visit any Worksites, the Contractor shall furnish suitable safety equipment and enforce the use of such equipment by those personnel. The Contractor shall cooperate and coordinate with Metro and with other Metro Contractors on safety matters and shall promptly comply with any specific safety instructions or directions given to the Contractor by Metro.

GC-46 ENGLISH REQUIREMENTS *

At all times, all Contractor personnel on site must have sufficient knowledge of the English language to comprehend safety related directions and requirements. At all times the Contractor shall have a lead representative on site who has sufficient comprehension of the English language to read, write, speak and understand all job related directions and discussions.

End of General Conditions (Services)

METRO GA18-54 GC (SERVICES) RFIQ NO. PS54330 2-94 PRO FORM 038 ISSUED: 06.06.18 REVISION DATE: 02.09.18 COMPENSATION & PAYMENT PROVISIONS (FIRM FIXED PRICE)

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-95 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 Note:

Articles flagged with an asterisk (*) are Flow-down requirements as defined in Article SUBCONTRACTORS AND SUPPLIERS in Contract Document GENERAL CONDITIONS.

CP-01 BASISOFCOMPENSATION*

Contractor will be paid the Contract Price in accordance with the following Articles, the Payment Schedule (Attachment 1) in the Article entitled COMPENSATION in the Form of Contract and all other applicable terms and conditions of the Contract.

CP-02 PROGRESS PAYMENTS

A. Applicability

This Article applies only if the Payment Schedule in the Contract provides for Progress Payments.

B. Definition

A Progress Payment is a payment of a portion to the Contract Price for partial completion of the Work based upon the Payment Schedule.

C. Application for Progress Payment

Contractor’s Applications for Progress Payments (“Applications”) shall be electronically submitted to Metro at [email protected] and contain:

1. The invoice, dated and identifying the Contract Number;

2. A description of the Work completed;

3. Any other documentation Metro requires to process the Progress Payment;

4. Signature of Metro’s Authorized Representative acknowledging that the Work described in the Application has been done in accordance with the Contract.

5. A Payment Certification (Continuous) included as Attachment 2.

Contractor shall submit the Applications to Metro, based on the Payment Schedule, not later than the 25th day of each month.

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-96 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 D. Terms of Payment

1. Metro will make Progress Payments within thirty (30) days after its receipt of an undisputed and properly submitted Application. Upon receipt of an Application, Metro shall:

a. Review the Application to determine if it is complete and meets Contractual requirements.

b. Return any Application that is not complete or does not meet Contractual requirements, setting forth in writing the reasons for the determination.

c. No Progress Payments shall be made for Work not performed in accordance with the Contract.

CP-03 RETENTIONS, ESCROW ACCOUNTS AND DEDUCTIONS

A. Applicability

Except for the Section herein entitled Additional Deductions, this Article applies only if (1) the Payment Schedule in the Contract provides for Progress Payments, as described in the Article herein entitled Progress Payments, and (2) a portion of each Progress Payment will be retained by Metro.

B. Retention

Metro shall retain from each Progress Payment ten percent (10%) of the Progress Payment as part security for the fulfillment of the Contract by the Contractor. However, after fifty percent (50%) of the Work has been completed, if in the sole discretion of Metro, progress on the Work is satisfactory, Metro will not make further deductions on the remaining Progress Payments, except that the amount of the retention withheld shall not at any time thereafter be less than 5% of all of the Total Contract Price, as amended, or as adjusted by Change Orders. However, if Metro thereafter determines that the Work, or progress of the Work, is unsatisfactory, Metro may reinstate, continue or increase retentions in amounts necessary to increase the total retention to an amount not to exceed ten percent (10%) of the Total Contract Price.

C. Substitution of Securities

To ensure performance under the Contract, the Contractor may, at its sole expense, substitute securities equivalent to the retention withheld by Metro. Such securities shall be deposited with an escrow agent approved by Metro, who shall then pay such retention to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any security substituted for monies withheld and shall receive any accrued interest thereon. Securities

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-97 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 eligible for investment shall include those listed in Government Code §16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and Metro. No such substitution shall be accepted until the Escrow Agreement, securities, and any other documents related to the substitution are reviewed and accepted in writing by Metro.

D. Payment to Escrow Agent

In lieu of substitution of securities as provided above, the Contractor may request and Metro shall make payment of retention earned directly to the escrow agent described in the previous Section at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities consistent with Government Code §16430 and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this Article for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from Metro, pursuant to the terms of this Article. The Contractor shall pay to each Subcontractor, not later than twenty (20) days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this Article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.

E. Release of Retention

Release of retention shall be in accordance with the Article herein entitled FINAL PAYMENT.

F. Additional Deductions

Metro may deduct from each Progress Payment any or all of the following:

1. Liquidated Damages that have accrued as of the date of the Application for Progress Payment;

2. Deductions from previously paid Progress Payments, due to Metro’s discovery of Deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;

3. Sums expended by Metro in performing any of the Contractor’s obligations under the Contract that the Contractor has failed to perform; and

4. Other sums that Metro is entitled to recover from the Contractor under the terms of the Contract including without limitation insurance deductibles and assessments.

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-98 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 The failure of Metro to deduct any of the above-identified sums from a Progress Payment shall not constitute a waiver of Metro’s right to such sums or to deduct them from a later Progress Payment.

CP-04 PAYMENT TO SUBCONTRACTORS *

A. Applicability

This Article applies only if the Contractor has employed Subcontractors.

B. Requirements

1. Progress Payments - Contractor shall pay each Subcontractor under this Contract for satisfactory performance of its Subcontract no later than seven (7) days after its receipt of each Progress Payment from Metro.

2. Final Payment to Subcontractors - The Contractor shall pay to each Subcontractor all amounts it has retained from payments under the Subcontract within seven (7) days after the Subcontractor’s Work is satisfactorily completed.

3. Delay in Payment – Contractor shall not delay payment beyond the seven (7) day time limit except for good cause, and only upon the prior written approval of Metro.

C. Failure to Comply

If Metro determines that the Contractor has failed to comply with this Article, Metro may give written notice to the Contractor and the Contractor’s Surety describing the default, that the default shall be cured, and if the default is not cured as provided the Article entitled TERMINATION FOR DEFAULT in the GENERAL CONDITIONS of this Contract, the Contract may be terminated for default as provided therein, or Metro may exercise any other remedy it has under the Contract or Law.

CP-05 PAYMENTOFTAXES*

Unless otherwise specifically provided in this Contract, the Contract Price includes compensation for all taxes the Contractor is required to pay by Laws in effect on the date the Contractor’s bid was opened. The Contractor shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The Contractor shall ascertain and pay the taxes when due. The Contractor will maintain auditable Records, subject to Metro reviews, confirming that tax payments are current at all times.

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-99 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 CP-06 FINAL PAYMENT *

A. Final Acceptance

After Final Acceptance of the Work, as provided in the General Conditions of this Contract, Final Payment will be made as follows:

1. Prior to Final Acceptance of the Contract, as provided in the General Conditions of this Contract, the Contractor shall prepare and electronically submit an Application for Final Payment to Metro at [email protected] including:

a. The proposed total amount due the Contractor, segregated by items on the Payment Schedule, Amendments, Change Orders, and other bases for payment;

b. Deductions for prior Progress Payments;

c. Amounts retained;

d. List of Claims the Contractor is filing concurrently with the Application for Final Payment, or a statement that no Claims will be filed with the Application for Final Payment; and

e. List of pending unsettled Claims, stating claimed amounts.

2. Prior Progress Payments shall be subject to correction in Metro’s review of the Application for Final Payment. Claims filed with the Application for Final Payment, or at any time thereafter prior to Final Payment, must be otherwise timely under the Contract and applicable Law.

3. Metro will review the Contractor’s Application for Final Payment will forward any required changes or corrections to the Contractor. Within ten (10) days after receipt of required changes from Metro, the Contractor will make the changes, and, if applicable, list Claims that will be filed as a result of the required changes, and shall submit the revised Application for Final Payment. Upon acceptance by Metro, the revised Application for Final Payment will become the approved Application for Final Payment.

4. If no Claims have been filed with the initial or any revised Application for Final Payment and no Claims remain unsettled within thirty (30) days after Final Acceptance of the Work by Metro, and agreements are reached on all issues regarding the Application for Final Payment, Metro, in exchange for an executed release, satisfactory in form and substance to Metro, will pay the entire sum found due on the approved Application for Final Payment, including the amount, if any, allowed on settled Claims.

5. The release from the Contractor shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of Metro

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-100 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 are specifically reserved, and shall release and waive all unreserved Claims against Metro and its officers, directors, employees and Authorized Representatives. Contractor shall provide said release using the Release of Claims form (Attachment 4). Further, the release shall be accompanied by a certification (using Payment Certification (Final), Attachment 3) by the Contractor that:

a. It has resolved all Subcontractor, Supplier and other Claims that are related to the settled Claims included in the Final Payment;

b. It has no reason to believe that any party has a valid Claim against the Contractor or Metro which has not been communicated in writing by the Contractor to Metro as of the date of the Certificate;

c. All warranties are in full force and effect; and

d. The releases and warranties shall survive final payment.

6. If any Claims remain open, Metro may make final Payment subject to resolution of those Claims. Metro may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the amount of the open Claims.

B. Discovery of Deficiencies *

Notwithstanding Metro’s acceptance of the Application for Final Payment and irrespective of whether it is before or after Final Payment has been made, Metro shall not be precluded from subsequently showing that:

1. The true and correct amount payable for the Work is different from that previously accepted;

2. The previously accepted Work did not conform to the Contract requirements; or

3. A previous payment, or portion thereof, for Work was improperly made.

Metro shall not be estopped from demanding and recovering damages from the Contractor, as appropriate, under any of the foregoing circumstances as permitted under the Contract or applicable Law.

CP-07 AUDIT REQUIREMENTS *

A. Applicability

This Section applies to the Contractor, its Subcontractors and Suppliers. The Contractor, its Subcontractors and Suppliers shall be subject to audit at any reasonable time by the Authorized Auditors for;

1. Any Costs proposed for a Modification, or

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-101 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 2. Defective Cost or pricing on the Contract including any Modification.

B. Defined Terms

Audit: audit, examine, verify, review, excerpt, vouch or transcribe Contractor’s, Subcontractors’ or Suppliers’ Records.

Authorized Auditors: Metro employees, any firms appointed by Metro or other authorized agencies acting as agents of a Governmental Entity. For federally funded Contracts, Authorized Auditors shall also include the FTA Administrator, the Comptroller General of the United States, or any of their duly authorized representatives.

Costs: Amounts (both direct and indirect) claimed to be due and payable, or anticipated to be incurred in performing the proposed Modification.

Records: All of the Contractor’s, Subcontractors’ or Suppliers’ Cost or pricing data supporting the Modification or Element thereof, including but not limited to books, data, Records, documents, reports, computations and projections, accounting procedures and practices and other evidence, in all forms (e.g. paper or machine readable media such as disk, tape, etc.) or types (e.g., databases, applications software, database management software, utilities, etc.), sufficient to properly reflect the performance of the Work and all Costs claimed to have been incurred or anticipated to be incurred in performing the Work on a proposed Modification. Any information provided by the Contractor, Subcontractor or Supplier on machine-readable media shall be provided in a format accessible and readable by the Authorized Auditors. The detail and depth of Records required as backup support for Audits shall be that which adequately establishes and maintains visibility of both allowable, and identified unallowable costs including directly associated costs.

Reproduce: copy, download, transcribe, print etc. by any means whatsoever free of charge.

C. Access

1. Records

Upon reasonable written advance notice to the Contractor, Subcontractors or Suppliers, with a copy sent to the Contractor’s Authorized Representative, the Authorized Auditors shall have access during Contractor’s normal business hours to all Records related to Costs or performance of the proposed Modification for the purpose of Auditing.

2. Worksites

For any federally funded major capital project, the Authorized Auditors shall include the FTA Administrator or his authorized representatives including any PMO Contractor. Access shall include the Worksite.

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-102 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 D. Records Retention

The Contractor, Subcontractors and Suppliers shall maintain all Records required under this Contract for a period of not less than three years after the date of Termination, in whole or in part or Final Payment, whichever is later. In the event of litigation or settlement of claims arising from the performance of this Contract, the Contractor, Subcontractor and Suppliers shall maintain all Records related to this Contract until Metro or any Governmental Agency or their duly authorized representatives have disposed of all such litigation, appeals, claims or exceptions related thereto.

E. Reproduction of Records

The Authorized Auditors shall have the right to Reproduce any Contractor, Subcontractor or Supplier Records related to Costs proposed for a Modification. The Contractor, Subcontractor or Supplier shall make said evidence (or to the extent accepted by the Authorized Auditors, photographs, micro-photographs or other authentic reproductions thereof) available to the Authorized Auditors at the Contractor’s offices at all reasonable times and without charge.

F. Modifications

The Contractor, Subcontractors or Suppliers shall maintain and segregate Cost and pricing data and Records sufficient to properly reflect all direct and indirect Costs of whatever nature claimed to have been incurred or anticipated to be incurred in connection with a Modification to the Contract.

G. Defective Cost and Pricing Data

FAR 52-215-10 Price Reduction for Defective Cost or Pricing Data and 52.215-11 Price Reduction for Defective Cost or Pricing Data-Modifications shall apply to this Contract. The term Government referred to in the FAR clauses shall include Metro for purposes of this Contract.

H. Disposition of Audit Findings

The Contracting Officer may use all evidence in the Records including the Audit findings to:

1. Negotiate Modifications, or

2. Demand payment from the Contractor or adjust any Contractor’s invoice to:

a. Reduce amounts found by the Contracting Officer to be unallowable costs; or

b. Adjust for prior overpayments or underpayments.

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-103 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 ATTACHMENT 1 – PAYMENT SCHEDULE

Not Applicable

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-104 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 ATTACHMENT 2

PAYMENT CERTIFICATION (CONTINUOUS)

TBD (Contract No.) TBD (Title)

1. I hereby certify to the best of my knowledge and belief that:

A. This Payment Certification represents a true and correct statement of the Work performed;

B. The Work completed to date under this Contract are in full accordance with the terms of the Contract Documents;

C. All Subcontractors and/or Suppliers who have performed Work on the project through the closing date of the prior Payment Request have been paid their proportionate share of all previous payments from LACMTA;

D. This Payment Certification does not include any amounts which the Contractor intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and

E. The Contractor and its principals, (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any governmental department or agency (federal, state, or local); (ii) have not in the past three years had one or more public transactions (federal, state, or local) terminated for cause or default; (iii) have not within the past three years been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (iv) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, local) with commission of any of the offenses listed in Section (A)(5)(iii) above.

2. This Payment Certification is not to be construed as final Acceptance of the Contractor’s, and any Subcontractor’s or Supplier’s performance.

3. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to LACMTA a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false Record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other criminal and/or civil remedies which LACMTA may have either under contract or law.

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-105 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 I certify under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct

Firm:

Signature:

Name of Certifying Official:

Title:

Date of Execution:

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-106 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 ATTACHMENT 3

PAYMENT CERTIFICATION (FINAL)

TBD (Contract No.) TBD (Title)

A. I hereby certify to the best of my knowledge and belief that:

1. This Payment Certification (Final) represent a true and correct statement of the Services performed and that the services have been completed in full;

2. The Services completed under this Contract are in full accordance with the terms of the Contract Documents;

3. All Subcontractors and/or Suppliers who have performed Services on the project have been paid their proportionate share of all previous payments from LACMTA, in full;

4. This Payment Certification (Final) does not include any amounts which the Contractor intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract;

5. The Contractor, Subcontractors and/or Suppliers have no outstanding Claims related to any unreserved (settled) Claims. Further, Contractor releases and waives all unreserved (settled) Claims against LACMTA, its officers, directors, employees and Authorized Representatives;

6. Contractor has no reason to believe that any party has a valid Claim against the Contractor or LACMTA, which has not been communicated in writing by the Contractor to LACMTA as of the date of this Payment Certification (Final);

7. All warranties are in full force and effect;

8. Releases and warranties shall survive final payment; and

9. The Contractor and its principals, (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any governmental department or agency (federal, state, or local); (ii) have not in the past three years had one or more public transactions (federal, state, or local) terminated for cause or default; (iii) have not within the past three years been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (iv) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, local) with commission of any of the offenses listed in Section (A)(5)(iii) above.

B. This Payment Certification is not to be construed as the Final Acceptance of the Contractor’s, and any Subcontractor’s or Supplier’s performance.

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-107 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 C. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to LACMTA a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false Record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other criminal and/or civil remedies which LACMTA may have either under contract or law.

I certify under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Firm:

Signature:

Name of Certifying Official:

Title:

Date of Execution:

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-108 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 ATTACHMENT 4

RELEASE OF CLAIMS TBD (Contract No) TBD (Title) Contract Number: Name of Contractor: Date:

Pursuant to the terms of Contract # [insert Contract number here] (hereinafter the “Contract”) and in consideration of the monies, which are to be paid under the Contract to [insert Contractor’s full legal name here] (hereinafter “Contractor”) or its assignees, if any, the Contractor hereby does remise, release, waive and discharge the Los Angeles County Metropolitan Transportation Authority (hereinafter “LACMTA”), its officers, directors, agents, employees, and Authorized Representatives (as defined in the Contract) of and from all liabilities, obligations, claims and demands whatsoever arising out of or under this Contract, except for those claims specifically reserved with the concurrence of LACMTA and listed here:

______

Contractor acknowledges that the consideration of monies provided by LACMTA in exchange for this release of claims shall be full and final payment for the amount due exclusive of the specifically reserved claims listed above. (Note in the case of a corporation, the certificate below must be completed.)

Certificate

I ______, certify that I am the ______of the corporation named as Contractor herein; that ______, who signed said release on behalf of the Contractor was the ______of said Corporation; that said release was duly signed for and in behalf of corporation by authority of its governing body and is within the scope of its corporate powers.

______Signature Corporate Seal

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-109 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 I certify under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Firm:

Signature:

Name of Certifying Official:

Title:

Date of Execution:

END OF COMPENSATION & PAYMENT PROVISIONS

METRO GA18-54 COMP & PAYMENT (FIXED PRICE) RFIQ NO. PS54330 2-110 PRO FORM 040 ISSUED: 06.06.18 REVISION DATE: 04.20.18 EXHIBIT B - STATEMENT OF QUALIFICATIONS (SOQ) 06.05.18

A. BACKGROUND

Los Angeles County Metropolitan Transportation Authority (Metro) is unique among the nation’s transportation agencies. It serves as transportation planner and coordinator, designer, builder and operator for one of the country’s largest, most populous counties. Metro is the regional transportation planning agency for Los Angeles County. In that capacity, Metro’s Countywide Planning & Development Department (CP&D) is responsible for planning the county’s regional transit system and programming federal, state and local transportation funds for the county’s transit system, highway program and locally sponsored, regionally significant projects of all modes of transportation.

Metro seeks to establish a list of qualified contractors (Bench) who would provide professional and technical services in multiple disciplines as listed below to assist in the planning and design of multimodal transportation projects and programs including short and long range planning and programming, regional mobility and connectivity-planning and improvements, active transportation planning, station and facility designs, system integrations, rail and bus-way projects, land use, grants management, and goods movement.

B. REQUIRED DISCIPLINES AND LEVEL OF RESPONSIBILITIES

1. Transportation Planning Transportation Planning including socioeconomic and demographic analysis, identification of mobility needs, environmental planning and clearance, identification of alternative operational and capital mobility improvements, demand modeling, transit planning, station access planning, parking management planning, compilation of data, statistical analysis, comparative evaluation/project performance evaluation, master planning/system connectivity evaluation, policy formulation and transportation demand management planning.

Knowledge of the principles and technical support of transportation planning include, but are not limited to the following specializations:

 Traffic/Transportation Engineering and Planning  Active Transportation  First/Last Mile Planning  Conceptual Engineering  Goods Movement  Trip-based modeling  Activity-based modeling  Bicycle and pedestrian modeling  Performance measures  Scenario modeling (multi-faceted)  Environmental planning and studies

METRO GA18-54 STATEMENT OF WORK RFIQ NO. PS54330 2-111 ISSUED: 06.06.18 2. Environmental Planning Environmental Planning and documentation including biology, historical property preservation, architectural history, socio-economics, air quality, noise, environmental justice, traffic, inter-agency coordination with all permitting, resource and regulating agencies, preparation of various level environmental documentation (Categorical Exemption, Categorical Exclusion, Initial Studies, Negative Declaration, Mitigated Negative Declaration, and Findings of No Significant Impact).

Knowledge of the regulations, principles and technical support of Environmental Planning including, but are not limited to the following specializations:

 California Environmental Quality Act (CEQA)  National Environmental Policy Act (NEPA)  Greenhouse Gas (GHG) analysis/reduction strategies  Climate adaptation  Due diligence services (e.g., Phase I/II Environmental Site Assessments (ESA), geotechnical, etc.) 3. Traffic/Transportation Engineering General Traffic and Transportation Engineering includes traffic counts, traffic forecasting for specified dates, traffic modeling, traffic studies and analysis, preparation of comprehensive traffic study reports, preparation of traffic congestion mitigation plans, recommendation of mitigation measures to improve traffic operations, advanced intelligent transportation systems (ITS for transit and multiple modes), multimodal circulation analysis (transit, pedestrian, bicycle, roadway), operations analysis and simulation, network analysis, multimodal roadway capacity analysis, analysis of various priority treatments (e.g., for bicycles or transit).

Knowledge of the principles and technical support of traffic and transportation engineering including, but are not limited to the following specializations:

 Traffic impact studies  Traffic corridor studies  Toll roads traffic and revenue studies  Traffic simulations  Bicycle and pedestrian simulations  Multimodal mobility analysis  Performance measures  Roadway geometric design and safety  Traffic control and signalization technologies  Traffic flow and queuing theory  Vehicle technologies  Autonomous automobiles

4. Economic and Financial Analysis Identification of economic effects of bus, rail, active transportation, and highway investments and new transportation revenue proposals. Providing economic impact analysis for gross regional product, disposable income, employment by industry and other variables as needed and impacts by transportation mode. METRO GA18-54 STATEMENT OF WORK RFIQ NO. PS54330 2-112 ISSUED: 06.06.18 Economic impact analysis of proposed transportation improvement scenarios associated with Metro’s Long Range Transportation Plan (LRTP) and/or Short Range Transportation Plan (SRTP), including both qualitative and quantitative assessment of impacts, and using both modeling tools such as REMI (Regional Economic Impact Model) and IMPLAN (Impact Analysis for Planning) as well as proprietary analytical approaches. Analyses may include assessing impacts on land values and associated potential value capture strategies. Additional drivers include the negative impact of taxation and travel time savings and benefits to other industries as a result of an improved transportation system.

Conduct market research and real estate feasibility analysis to test land development scenarios for real estate (joint development) projects including assessment of related infrastructure costs. Further analysis may include financial underwriting and negotiations support for real estate (joint development) transactions.

Identification and development of appropriate tolling assumptions, including traffic and revenue forecasts, capital and operating cost estimates for toll facilities, funding sources for toll facilities and toll operations, financing strategies, and cash flow projections for specific transportation segments.

Knowledge of the principles and technical support of Economic and Financial Analysis including, but not limited to the following specializations:

 Agency-wide and project-specific financial plans  Computer financial planning models  State and federal transportation funding  Innovative transportation funding  Debt financing strategies  Value capture analysis/strategy  Market analysis  Economic impact analysis  Development pro forma/feasibility  Equality analysis and strategies  Economic and policy development strategies and financing  Real estate finance including affordable housing preservation and development strategies and financing 5. Community Design and Land Use Identifying and addressing design needs in diverse communities. Activities may include station area planning, site design for feasibility testing, urban design, growth modeling, sustainable landscape design, research and strategic assistance in furthering transit- oriented communities.

Knowledge of the principles and technical support of built environment planning, design and land use strategies including, but not limited to the following specializations:

 Land Use Policy and Regulatory Planning  Architecture/Urban Design

METRO GA18-54 STATEMENT OF WORK RFIQ NO. PS54330 2-113 ISSUED: 06.06.18  Landscape Architecture  Visual Simulations  Stormwater and district sustainability strategies  Streetscape, Parks/Open Space Design

6. Sustainability/Active Transportation Sustainability and multimodal planning and analysis to assist Metro staff in optimizing and accounting for the social, economic and environmental benefits of its policies, programs, and facilities.

Knowledge of the principles and technical support of Sustainability/Active Transportation including, but not limited to the following specializations:

 Integrated land-use and transportation planning  Complete Streets planning and facility design  Bicycle and pedestrian planning, facility design and cost estimating  Community-based planning and design of public spaces (parklets, plazas, streetscapes)  Grant writing assistance  Bicycle and pedestrian counts  Formulation and assessment of Countywide and project-based sustainability performance metrics (social, health, economic, environmental)  Greenhouse gas emissions analysis and reduction strategies  Climate action and adaption planning  Multimodal transportation modeling and analysis  Station access planning and First/Last Mile planning  Sustainable community planning, including Leadership in Energy & Environmental Design (LEED) for Neighborhood Development (ND) analysis  Development of quantitative models and qualitative planning tools relevant to sustainable and active transportation  Environmental clearance of bicycle and pedestrian infrastructure

7. Demand Modeling and Geographic Information System (GIS) Demand Modeling support to assist Metro staff in developing operating parameters for and coding transportation improvements, running Metro’s regional transportation demand model, analyzing model outputs and other general assistance to Metro’s modeling staff. Demand Modeling includes model development, calibration, and validation of trip generation models, including activity-based models, tour-based models, trip distribution models, trip assignment models, and development and application of model scenarios.

GIS programming services and map production support which includes geocoding, geodatabase implementation, web-GIS development and interactive map production. Ability to use the latest GIS tools such as ArcInfo and ArcView to perform spatial analysis including geocoding, geodatabase design, mapping and web-based GIS applications.

METRO GA18-54 STATEMENT OF WORK RFIQ NO. PS54330 2-114 ISSUED: 06.06.18 8. Database Development and Data Analysis Census data download, mapping, and processing, tabulation of Southern California Association of Governments (SCAG) data, Census and Economic Development Department (EDD) data on tract and block group levels, tabulation and analysis of on- board survey, APC/AVL data, traffic volume, and speed data.

Enhancements to Metro database management systems and reporting system such as National Transportation Database (NTD), Metro Grants Management System, and Real Property Management System. Advise Metro of changes in reporting requirements, proposed rule-making, best practices and trends in operation and administration. Provide assistance in development of online reporting system, test sampling methodologies and results, and similar analytical support services such as:

 Analyzing, interpreting, and presenting information generated by the LRTP financial forecasting model  Revision and/or redesign of the LRTP financial forecasting model for easier, faster, and modifiable application  Analyze Metro programs with regard to NTD collection and reporting requirements  Prepare, update and validate formula calculations, forecasts and impact analysis of Urban Area Formula funds  Ability to advise Metro on any proposed rule-making changes impacting funding eligibility  Development of online reporting systems  Asset Management  Grants Management and Administration Support with experience and knowledge in Oracle E-Business Suite Financial functionalities, APEX, Salesforce, Microsoft .NET, and Microsoft Azure.

9. Real Estate Project Management Real Estate Project Management services support Metro’s real property portfolio of Metro assets, right-of-way leases, joint development agreements and related deed and real property transactions, inclusive of utility, easements, encroachment resolution and multi-jurisdictional coordination.

Knowledge of the principles and technical support of real property transactions including, but not limited to the following specializations: 1) Property Management; 2) Relocation Management Services, 3) Financial Services, and 4) Compliance. Services include tasks such as:

 Marketing retail space, assisting tenant lease-up, and drafting leases  Strategic real property management planning  Construction oversight, bid process oversight, drawing/plan reviews , project closeout/punch list management  Relocation of utilities, telecommunications, security, audio visual, signage, furniture, and any related fixtures &/or contents/tenants (businesses/people)  Financial and Schedule tracking, including budgeting and expenditure line item tracking, schedule/milestone tracking and cost management.  Knowledge of all government and owner requirements for payroll, time tracking, labor laws, and regulations among all other requirements which includes cost proration,

METRO GA18-54 STATEMENT OF WORK RFIQ NO. PS54330 2-115 ISSUED: 06.06.18 tenant improvements (TI), furniture, fixtures and equipment (FF&E) procurement, contracting with surveyors, brokers & title companies. 10. Research and Surveying Research/Survey Technical Services to assist various Metro departments in monitoring and/or implementing research and surveys for a variety of on-going customer satisfaction and program awareness efforts. These projects are primarily in three market segments: (a) Transit Patrons, (b) Non-Transit Transportation System Users and (c) Agency Partners. Technical Services also include development of data applications that can be used by departments within Metro to improve public satisfaction and awareness.

Knowledge of principles and technical support of Research and Surveying including, but not limited to the following specializations:

 Station intercept and/or on-board transit surveys  Computer aided telephone interview (CATI) surveys  Focus group sessions both in-house and at professional facilities  Computer aided personal interview (CAPI) surveys  Designing and implementing online surveys  Management of online panel of passengers and non-passengers for on-demand surveying.

C. REQUIRED CLASSIFICATIONS

 Project Manager  Principal/supervising technical/professional staff consistent with the core element of the project as stated in statement of work of the contract  Lead technical/professional staff  Project administrative staff

All contractor staff in key positions may be required to have experience with federal, state and local agencies. Metro, at its sole discretion, may disqualify those firms and/or individuals not demonstrating appropriate knowledge of and experience with pertinent agencies’ policies, procedures, standards, guidelines, or other information required to conduct the work identified in the Statement of Work of Metro Task Order(s).

All contractor staff in key positions may be required to be certified/ licensed in the State of California as required by the State licensing laws.

D. WORK ACTIVITIES

It is anticipated that the work under each Contract will require the following categories and activities:

1. Communications/Meetings/Record Keeping:

The Contractor shall be required to:

METRO GA18-54 STATEMENT OF WORK RFIQ NO. PS54330 2-116 ISSUED: 06.06.18  Develop project schedule and work plan and direct Contractor staff throughout all phases of assigned projects.  Maintain a communication tracking system approved by Metro, which would identify all Contractors’ formal communications with Metro and all subcontractors.  Meet with Metro staff/Project Manager throughout the life of the contract in accordance with the project scope and schedule.  Conduct, participate in, document, and/or facilitate meetings with affected parties as required by Metro.  Prepare and make presentations to Metro, public agencies, elected officials and community groups as required by Metro.  Adhere to Metro branding, messaging and public communications programs.

2. Project Progress Reporting

The Contractor(s) with active task orders shall prepare and submit to Metro a progress report as per schedule included in the task order package. The report shall address, but not be limited to, the following items:

 Matrix of dollars requested, amount for individual invoice, amount to date, and remaining balance forward.  Matrix of tasks requested, tasks performed (including work partially completed), and work remained to be done.  Numeric and graphical presentation of work completed versus dollars invoiced.  Detail report on status of deliverables.  Statement of problems and deficiencies, plans to correct those, as well the anticipated delay.  Critical Path Method presentation of the project schedule.  Other items as directed by Metro.

3. Project Development, Planning, Design and Engineering Services

The Contractor shall provide applied research, analysis, planning, project development, design and engineering services in compliance with Metro Design criteria including, but not limited to:

 Transportation Plans  Alternative analysis, comparison evaluation  Project recommendations  Environmental studies  Sustainable Planning/Design  Urban Design  Architecture  Landscape/Streetscape Planning/Design  Signage/Wayfinding  Accessibility analysis/design  Conceptual design  Preliminary design  Renderings/drawings/mockups  Construction Documents (drawings & specifications)

METRO GA18-54 STATEMENT OF WORK RFIQ NO. PS54330 2-117 ISSUED: 06.06.18  Bid preparation support  Guidelines for maintenance and retrofits to facility design elements  Digital records  Contracts (memoranda of understanding) with other private or public agencies  Research on codes, rules, regulations and industry best practices  System audits  Construction cost estimates  Real estate market research and pro forma analysis  Outreach programs and services  Air Quality analysis  Matrix of public outreach messages and suggested media platforms

4. Quality Control/Quality Assurance (QC/QA)

The Contractor may be required to provide a QC/QA Program to ensure the accuracy and quality of the work performed for Metro. The level of this program is anticipated to vary relative to the services and Task Order being provided.

END OF STATEMENT OF QUALIFICATIONS

METRO GA18-54 STATEMENT OF WORK RFIQ NO. PS54330 2-118 ISSUED: 06.06.18 DIVERSITY & ECONOMIC OPPORTUNITY DEPARTMENT SBE/DVBE CONTRACT COMPLIANCE MANUAL (NON- FEDERAL)

SECTION 100 - SMALL BUSINESS ENTERPRISE PROGRAM/ DISABLED VETERAN BUSINESS ENTERPRISE PROGRAM

100 METRO POLICY STATEMENT: The Los Angeles County Metropolitan Transportation Authority (Metro) is the recipient of non-federal funds from state and local funding sources. It is Metro’s policy to provide maximum opportunity for Small Business Enterprises(s) and Disabled Veteran Business Enterprise(s) to compete and to foster increased SBE/DVBE participation in its procurement and contracting program. Metro shall take all necessary and reasonable steps to ensure nondiscrimination in the award and administration of with non-federal funds.

 To take all reasonable steps to ensure nondiscrimination in the award and administration of non-federally funded contracts.

 To create a level playing field on which SBE/DVBEs can compete fairly for Metro contracts.

 To ensure that only firms that fully meet the eligibility requirements of the Metro SBE/DVBE Program and the California Department of General Services (DGS) certification criteria are permitted to participate as SBE/DVBEs.

 To help remove barriers to the participation of SBE/DVBEs in Metro contracts.

 To assist the development of firms that can compete successfully in the marketplace outside the SBE/DVBE program.

101 INTERPRETATION: Any conflict, error, omission or ambiguity which may arise between these instructions, California law and Metro’s SBE/DVBE Program shall be resolved first in favor of California Law and second in favor of Metro’s SBE/DVBE program. Failure of a bidder or its subcontractors, consultants, suppliers or other entities to carry out these requirements may be grounds for Metro to implement administrative penalties or other remedies imposed by Metro.

102 NON DISCRMINATION: Metro’s policy ensures that SBE/DVBE firms have an equal opportunity to receive and participate on projects that are state and/or locally funded. It is also Metro policy to ensure that there is no discrimination in the award and participation on the basis of race, color, national origin, or sex, in contract competition, award and performance

103 SUSPENSION OR DEBARMENT: Suspension or debarment proceedings may be initiated against any firm when:

A. Attempts to participate in the Metro SBE/DVBE Program as a SBE/DVBE if the firm does not meet the eligibility criteria stated in the Certification Standards for SBE/DVBE programs and if it attempts to participate on the basis of false,

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-119 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty.

B. In order to meet the SBE/DVBE subcontracting goals or other SBE/DVBE program requirements uses or attempts to use on the basis of false, fraudulent or deceitful statements or representations, another firm that does not meet the SBE/DVBE eligibility criteria stated in the certification standards.

104 AUDIT AND INSPECTION: The Contractor shall maintain records of all subcontracts entered into with SBE/DVBE firms and records of materials purchases from SBE/DVBE suppliers. Such records shall show the name and business address of each SBE/DVBE subcontractor or suppler and the total dollar amount actually paid to each SBE/DVBE subcontractor or supplier. Metro reserves the right to audit the records and inspect the facilities of its contractors and any subcontractors of any tier for the purpose of verifying the SBE/DVBE participation and/or adherence to the SBE/DVBE program requirements. Contractor records shall be maintained for five years from contract completion and be made available upon request for Metro contracting studies. Contractors and subcontractors shall permit access to their records at the request of Metro. Notice is hereby given that state and local authorities may initiate or cooperate with Metro in auditing and inspecting such records.

SECTION 200 - SBE/DVBE PARTICIPATION

200 METRO OVERALL SBE/DVBE GOAL: Metro has set an overall goal for SBE/DVBE participation. The overall SBE/DVBE goal applies to non-federally funded contracts Metro expects to expend for the fiscal year. Metro will strive to meet its overall goal through race neutral measures. Metro supports the use of race neutral measures to facilitate participation of SBE/DVBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own forces. To ascertain whether the overall SBE/DVBE goal is being achieved, Metro will track the dollar amount paid to all certified SBE/DVBE firms performing work called for in this contract that is eligible to be credited toward Metro’s overall goal.

201 SBE/DVBE COMMITMENT(S): After contract award, SBE/DVBE commitment percentages listed in the bid/proposal will be monitored and enforced from contract inception through contract completion. Failure to meet the SBE/DVBE commitment may result in penalties and/or administrative sanctions. SBE/DVBE administrative requirements are referenced in this Contract Compliance Manual (Non-Federal), and incorporated as part of the conformed contract.

202 CHANGES IN WORK LISTED TO SBE/DVBE FIRMS: If Metro or the Contractor proposes changes for work contracted to an SBE/DVBE, the Contractor is required to notify the SBE/DVBE firm in writing within 10 working days prior to execution of the proposed change, reduction, or deletion of any work listed at time of contract award or after contract award.

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-120 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 The dollar amount of changes as a result of contract modifications, change orders, or provisions sums, that increase or decrease the work commitment to a SBE/DVBE firm(s) will be commensurately added to or subtracted from the total contract amount used to compute actual dollars paid to SBE/DVBEs. Failure to comply with Section 205 (“Crediting and Counting SBE/DVBE Participation“) will be cause for non-compliance and assessment of administrative sanctions.

203 COMMERCIAL USEFUL FUNCTION (CUF): To receive SBE/DVBE participation credit towards the SBE/DVBE contract commitments, SBE/DVBE firms must perform a commercially useful function (CUF). An SBE/DVBE must perform at least 30% of its listed work with its own workforce or must not subcontract a greater portion of the work than would be expected on the basis of normal industry practices for that type of work. An SBE/DVBE performs a CUF when the SBE is responsible for a clearly defined and distinct scope of work. SBE/DVBE firms must be responsible for the execution of the work, is carrying out its responsibilities by actually performing, managing, and supervising the work involved

On-site visit reviews will be used to ascertain whether the SBE/DVBE is actively performing, managing, and supervising the work. SBE/DVBE firms shall employ a labor force which is separate and apart from individuals employed by the prime, and independently recruited by the SBE/DVBE in accordance with standard industry practice.

204 VIOLATION OF COMMERICAL USEFUL FUNCTION : If an investigation reveals that there is a violation of the CUF provisions, that portion of the work found to be in violation will not be counted toward achievement of the SBE/DVBE contract commitment, nor Metro’s overall SBE/DVBE goal. When a SBE/DVBE is presumed not to be performing a CUF as described in this section, the SBE/DVBE may present evidence through the Contractor to Metro to rebut that presumption no later than fifteen (15) days after receipt of notice of violation(s). If after review of the evidence presented by the SBE/DVBE does not meet the CUF provisions herein, the Contractor will be required to cure deficiencies found. Metro’s CUF decisions are not appealable.

205 CREDITING AND COUNTING SBE PARTICIPATION: Metro is only able to count toward the achievement of the SBE/DVBE commitment percentage the value of actual dollar paid for CUF work actually performed by SBE/DVBE firms. There will be no credit for work performed by a non-SBE/DVBE prime and/or subcontractor. SBE/DVBE participation listed in the bid or proposal must comply with the provisions of this section.

A. SBE/DVBE as the Prime Contractor: 100% SBE/DVBE credit for that portion of the work performed by the SBE/DVBE’s own forces, including the cost of materials and supplies. Work that a SBE/DVBE prime subcontracts to a non-SBE/DVBE firm will not count toward the SBE/DVBE commitment.

B. SBE/DVBE as a Joint Venture Contractor: 100% SBE/DVBE credit for that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work performed by the SBE/DVBE’s own forces.

C. SBE/DVBE as a Teaming Partner: 100% SBE/DVBE credit for that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work performed by the SBE/DVBE’s own forces.

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-121 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 D. SBE/DVBE as a Subcontractor: 100% SBE/DVBE credit for the work of the subcontract performed by the SBE/DVBE’s own forces, including the cost of materials and supplies, excluding the purchase of materials and supplies or the lease of equipment by the SBE/DVBE subcontractor from the prime contractor or its affiliates. Work that a SBE/DVBE subcontractor in turn subcontracts to a non- SBE/DVBE firm does not count toward the SBE/DVBE commitment.

E. SBE/DVBE as a Material Supplier or Broker: 1) 60% SBE/DVBE credit for the cost of the materials or supplies purchased from a SBE/DVBE regular dealer.

2) 100% SBE/DVBE credit for the cost of materials or supplies obtained from a SBE/DVBE manufacturer.

3) 100% SBE/DVBE credit for the value of reasonable fees and commissions for the procurement of materials and supplies if not a regular dealer or manufacturer.

F. SBE/DVBE as a Trucker: 100% SBE/DVBE credit for trucking participation provided the SBE/DVBE is responsible for the management and supervision of the entire trucking operation for which it is responsible. At least one truck owned, operated, licensed and insured by the SBE/DVBE must be used on the contract. Credit will be given for the full value of all such SBE/DVBE trucks operated using SBE/DVBE employed drivers. SBE/DVBE credit will be limited to the value of the reasonable fee or commission received by the SBE/DVBE if trucks are leased from a non-SBE/DVBE company. Metro uses the following six (6) factors in determining whether to count expenditures to a SBE/DVBE trucking firm, to determine if it is performing a commercially useful function: 1) The SBE/DVBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract and there cannot be a contrived arrangement for the purpose of meeting SBE/DVBE goals.

2) The SBE/DVBE must itself own and operate at least one fully licensed, insured and operational truck used on the contract

3) The SBE/DVBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.

4) The SBE/DVBE may lease trucks from another SBE/DVBE firm, including an owner-operator who is SBE/DVBE certified. The SBE/DVBE who leases the trucks from another SBE/DVBE receives credit for the total value of the transportation services the lessee SBE/DVBE provides on the contract.

5) SBE//DVBE firms that lease trucks from non-SBE/DVBE firms are entitled to credit only for the fee or commission it receives from the lease arrangement. SBE/DVBE firms are not eligible to receive full credit for the total value of transportation services.

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-122 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 6) To perform a commercially useful function reference Section 203 (“Commercial Useful Function”) an SBE/DVBE trucking company shall have exclusive use of and control of the day-to-day trucking operation. This does not preclude the leased truck from working for others during the term of the lease with the consent of the SBE/DVBE, so long as the lease gives the SBE/DVBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the SBE/DVBE firm.

7) SBE/DVBE firms that leases trucks from a prime contractor during the performance of contract, is considered a violation of the commercial useful function requirement.

206 THE SBE/DVBE (AND NOT OTHER BUSINESS ENTITITIES) SHALL ACTUALLY PERFORM THE SUBCONTRACT: The SBE/DVBE’s utilization of labor, supervisory personnel, equipment and material in the performance of the subcontract, shall be consistent with industry standards and shall demonstrate that the SBE/DVBE, and not some other business entity is actually performing the subcontract. If a SBE/DVBE associates itself too closely with another business entity or entities, in acquiring labor force, supervisors, equipment, or materials to an extent inconsistent with industry standards, the SBE/DVBE can no longer be said to be actually performing a commercially useful function (reference §203)the subcontract.

207 SBE/DVBE CONTRACTOR’S WORK FORCE: The SBE/DVBE shall solicit, hire, place on its payroll, direct, and control all workers performing work under its contract. The SBE/DVBE owner or its superintendent shall, on a full-time basis, supervise and control the work of the contract. The SBE/DVBE may, with Metro’s prior written consent, augment its work force with personnel of another firm. Metro shall approve the request in writing only when specialized skills are required and the use of such personnel is for a limited duration.

SECTION 300 - CONTRACT COMPLIANCE MONITORING

300 REVIEW AND MONITORING SYSTEM: This section describes the review and monitoring system to ensure that all contractors, subcontractors, consultants, vendors, suppliers, dealers, brokers and other sources, and all Metro departments comply with the SBE/DVBE requirements and all other contract provisions related to SBE/DVBE participation. Metro will also provide monitoring and enforcement mechanism to verify that work committed to SBE/DVBEs at contract award is actually performed by the SBE/DVBEs.

Non-compliance by the Contractor with the SBE/DVBE contract requirements constitutes a breach of contract, and requires, at a minimum, a written explanation and documented description of the contractor’s efforts. Failure to comply may result in: (1) mandatory participation in a SBE/DVBE Program Training Session, reviewing the performance, accountability, record keeping and reporting aspects of the SBE/DVBE Program, and/or (2) termination of the contract, and/or (3) administrative sanctions, and/or (4) other appropriate remedies.

301 CREATE A LEVEL PLAYING FIELD OF OPPORTUNITY TO PARTICIPATE: Contractors shall ensure that SBE/DVBEs have a level playing field to successfully

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-123 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 perform the responsibilities of their contract in order to meet its SBE/DVBE contract commitment. These efforts include, but are not limited to the following:

A. Negotiate to attempt to finalize subcontract and supply agreements with SBE/DVBEs listed in its bid.

B. Continue to provide assistance to SBE/DVBE Subcontractors or Suppliers in obtaining bonding, lines of credit, or other capital financing.

C. Contractors who failed to meet the SBE/DVBE goals established for the contract, but who were determined by Metro to have fulfilled the requirements to meet the goal, shall make additional documented efforts to seek out and utilize additional first-tier SBE Subcontractors and Suppliers to increase SBE participation, during the life of the contract.

D. Contractor shall immediately inform DEOD of any problems anticipated or concerns in achieving the SBE/DVBE commitment agreed upon at the time of award.

E. Issue the SBE/DVBE(s) a written Cure Notice of any potential problem and provide a reasonable time frame for the SBE/DVBE to cure the problem. The Contractor shall, concurrently with the issuance of the Cure Notice to the SBE/DVBE, send a copy of the Cure Notice by First Class mail, postage prepaid, to the assigned Contract Compliance Officer, DEOD Contract Compliance Manager and to the Contract Administrator. In instances where the SBE/DVBE fails to cure, the Contractor is then obligated to take the steps outlined in the section herein RESOLUTION OF SBE DISPUTES BETWEEN CONTRACTOR AND SBE SUBCONTRACTORS before formally requesting approval from Metro to substitute a SBE/DVBE.

302 NOTIFICATION OF REPORTING REQUIREMENTS: For SBE/DVBE contracting requirements, Contractors shall refer to the SBE/DVBE Contract Compliance Manual, the General Conditions and the Special Provisions sections of the executed contract. Contractors are advised of prompt payment provisions and retention covering all SBE/DVBE and Non SBE/DVBE subcontracts, implemented pursuant to the California Business and Professions Code 7108.5.

303 KICK-OFFMEETING: Contractors and subcontractor(s) or designees shall be notified of the scheduled project kick-off meeting, prior to or immediately after Notice to Proceed is issued. The Contractor shall be responsible for informing the SBE subcontractors requirements.

304 CONTRACT COMPLIANCE SUBMITTALS – REPORTING SBE/DVBE PARTICIPATION: Contractor and all subcontractors (SBE/DVBE and non-SBE/DVBE firms) shall report payment details to LACMTA using the web-based Small Business Programs Compliance Reporting System (SBCRS) by the 15th of each month. SBCRS allows Contractors to manage their own records, maintain accurate contract information, and report payment details online, and submit system generated report to Metro. SBCRS is mandatory for Contractors and subcontractors to use unless LACMTA instructs otherwise. LACMTA will provide the Contractor, subcontractors, suppliers,

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-124 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 brokers, and truckers initial online training, login and password information, at no cost to the Contractor or its subcontractors, suppliers, and truckers. Contractor shall have fourteen (14) days from Notice to Proceed (NTP) to register and obtain login and password with the SBCRS. Subcontractors, at all tiers, shall register within thirty (30) days of the NTP. The Contractor is responsible for ensuring that all subcontractors, suppliers, brokers, and/or truckers (at all tiers), both SBE/DVBE and non-SBE/DVBE firms participate in the SBCRS based webinar trainings to comply with the verification of payments and other related reporting requirements through the software system

After award, Contractor will receive instructions on how to set up their account and enter required Subcontractor data. Contractor must require each of its subcontractors (SBE/DVBE and non-SBE/DVBE) to enter required payment information into SBCRS. Contractor shall submit all monthly reports, subcontractor agreements, and documents through the SBCRS to Metro review and approval. Failure of Contractor or its subcontractors to enter required information on a timely basis may result in delay of payment by LACMTA and assessment of SBE/DVBE non-compliance for reporting requirements as identified in Section 700 of this Manual. For the Small Business Programs Reporting System Contractor and Subcontractor User Guide please click on the following link: http://media.metro.net/uploads/Metro_Connect/SBCRS%20USER%20GUIDE.pdf

A. CONTRACTOR MONTHLY SBE/DVBE PROGRESS REPORT (Design/Build Only): The Contractor shall submit timely and complete monthly progress report summarizing the overall status of commitments to SBE/DVBE firms, attainments to SBE/DVBE firms, and prompt payment/retainage for all firms (SBE/DVBE and non- SBE/DVBE firms) performing on this contract.

The monthly progress report shall be updated to Metro by the 15th day following the reporting month. The monthly report shall provide, at a minimum, the following information:

1) General Contract Value Information: The following general contract value information must be provided: a. Original Contract Amount b. Running Total of Change Order Amount c. Current Contract Amount d. Amount Paid to Contractor during the each month e. Amount Paid to Contractor from inception to Date f. SBE/DVBE Contract Goal g. Total Dollar Amount of SBE/DVBE Commitment h. SBE/DVBE Commitment as Percentage of Current Contract Amount

2) Contractor/Subcontractor Information: The following general information shall be prepared for the Contractor and each subcontractor (at every tier level): Name, address, phone, SBE/DVBE status, contact person, contractor(s),

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-125 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 name, date contract agreement signed, scope of work, anticipated first date of performance and anticipated last date of performance

3) Supplemental Reports (Design/Build Only): The Prime Contractor shall submit, each month (or other such time as the DEO, may choose), the below compliance reports. LACMTA has developed a series of forms that may be adopted by the Contractor to meet this requirement or the Contractor may develop its own report format and present to LACMTA for approval and use to meet the supplemental report requirements:

a. SBE/DVBE Attainment and Commitment Report, a monthly listing of SBE/DVBE and non-SBE/DVBE subcontractors with current and anticipated participation. This report shall include a current SBE/DVBE attainment and commitment tallies from each subcontractor (at any tier) listing of all its subcontractors.

b. Prompt Payment” Report listing its immediate subcontractors and the “Prompt Payment” activity from each subcontractor subcontracting at each tier listing their immediate subcontractors, to the Contract Compliance Officer, documenting the status of each subcontractor’s retainage account with the Prime Contractor engaged in subcontracting and their compliance with the return of the retainage regulations.

c. The Prime Contractor’s “Prompt Payment and Retainage” Report for the month (or the period of time designated by DEOD), listing its immediate subcontractors and the prompt payment and retainage activity from each subcontractor (at any tier).

4) For Contracts that Require a SBE/DVBE Contracting Outreach and Mentoring Plan (COMP). The Contractor shall:

a) Submit the final detailed SBE/DBE COMP no later than 120 days from the Notice to Proceed;

b) Comply with a SBE/DVBE requirement in the Contract Compliance Manual (Non-Federal);

c) Annually, no later than 60 Days before the anniversary date of the overall Contract, the Contractor shall prepare and submit to LACMTA an updated SBE/DVBE COMP that includes the next 2 calendar years of subcontracting activities, inclusive of the overall project SBE/DVBE commitment forecast. At all times over the life of the Project, the SBE /DVBE Plan shall cover a 2-year period; and

d) Submit a quarterly report on all mentor protégé arrangements; meet with Metro, mentor(s) and protégé(s) annually to report overall progress of the mentor protégé component of the SBE/DVBE COMP.

B. MONTHLY EXPENDITURE PLAN (FOR CONSTRUCTION WORK ONLY): An expenditure plan in calendar format for each of its approved SBE/DVBE Subcontractors/Suppliers shall be submitted 14 working days after the Contractor executes a contract or purchase order with Metro, and submitted each month METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-126 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 thereafter. The planned expenditures shall equal the dollars committed to each SBE/DVBE Subcontractor/Supplier and shall be developed according to the approved project schedule.

The plan shall be updated to incorporate any schedule changes and executed Changed Notices and Work Authorization Change Notices affecting the SBE/DVBE's work. The original plan must be approved and each revision must be approved by the, “Construction Manager's Resident Engineer,” prior to being submitted to the assigned Contract Compliance Officer and the Contract Administrator. Revised plans shall be submitted within 30 days from the incorporation of the change.

C. SBE TRUCKING VERIFICATION REPORT: When trucking is listed to be performed, the Contractor shall provide to Metro, by the fifth (5th) day of each month, the preceding month's trucking activity. The Contractor shall submit documentation showing the amount paid to SBE/DVBE trucking companies listed to perform on the contract. This monthly documentation shall indicate the portion of revenue paid to SBE/DVBE trucking companies which is claimed toward SBE/DVBE participation. The Contractor shall also obtain and submit documentation to the DEOD showing the amount paid by SBE/DVBE trucking companies to all firms, including owner-operators, for the leasing of trucks. The SBE/DVBE who leases trucks from a non-SBE/DVBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward SBE/DVBE participation conforms to Subsection 205, referenced above.

The Contractor shall also obtain and submit documentation showing the truck number, owner’s name, California Highway Patrol CA number and if applicable, the SBE/DVBE certification letter of the owner of the truck for all trucks used during that month for which SBE/DVBE participation will be claimed. The Contractor shall promptly pay SBE/DVBE trucking companies in accordance with the prompt payment provisions prescribed in Section 300, Subsections 304 through 312.

D. EXECUTED SBE/DVBE SUBCONTRACT AGREEMENTS: The Contractor shall submit copies of all executed SBE/DVBE subcontract agreements and/or SBE/DVBE purchase orders (PO) within 14 days (working) after Notice to Proceed for all known SBE/DVBE firms listed in the Contractor’s proposal and SBE/DVBE COMP. For Contracts that require a SBE/DVBE Contracting Outreach and Mentoring Plan (COMP), the Contractor shall also submit the executed mentor protégé agreements for the SBE/DVBE firms identified for mentor protégé development no later than 14 days after Notice to Proceed. Failure to comply with this section will be cause for non-compliance and assessment of administrative sanctions, and may include, imposing a special assessment against the Contractor.

The SBE/DVBE subcontract or PO should be sent to the attention of the assigned Contract Compliance Officer. The Contractor shall incorporate the SBE/DVBE Program document and this SBE/DVBE Contract Compliance Manual into each PO and into each Subcontract issued under this non-federal assisted contract and

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-127 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 each subcontractor, consultant, dealer, broker, vendor, or other source shall agree to the terms and conditions. The Contractor shall immediately notify DEOD in writing, within the 14-day timeframe mentioned above, of any problems it may have in obtaining the subcontract agreements from listed SBE/DVBE firms within the specified time. Failure to notify DEOD may deem the Contractor in non-compliance with this requirement.

The Contractor shall include the following language verbatim in each subcontract agreement the Contractor signs with SBE/DVBE subcontractor(s):

E. CONTRACT ASSURANCE: The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable SBE requirements in the award and administration of non-federal contracts. Failure by the contractor 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 recipient deems appropriate.

305 PROMPT PAYMENT: The prime contractor is required to incorporate the Prompt Payment Clause referenced in Section 302 above, in all subcontract, broker, dealer, vendor, supplier or other source agreements or Purchase Orders (at all tiers) issued to both SBEDVBE and non-SBE/DVBE firms. Contractor shall reference the following contract clauses: General Terms and Conditions concerning Prompt Payment to Subcontractors and Prompt Payment of Withheld Funds to Subcontractors.

306 PROGRESS PAYMENTS: Prompt Payment and Progress Payment language must be included in all non-SBE/DVBE and SBE/DVBE subcontract agreements verbatim. Pursuant to the California Business and Professions Code Section 7108.5, the Contractor shall pay each subcontractor under this Contract for satisfactory performance of its subcontract work no later than seven (7) days after its receipt of each Progress Payment from Metro.

307 FINAL PAYMENT TO SUBCONTRACTOR (RETAINAGE): The Contractor and all subcontractors shall pay to each subcontractor all amounts it has retained from payments under the Subcontractor within seven (7) days after the Subcontractor’s Work is satisfactorily completed.

Prompt Payment of Retention to Subcontractors (Required in all SBE/DVBE and non- SBE/DVBE subcontract agreements verbatim):

With respect to retention that Metro withholds from the Contractor, Metro shall make prompt and regular incremental inspection(s) and upon approval of the Contractor’s work at various stages of the Project, Metro shall pay a percentage of retention to the Contractor. The Contractor shall, within 30 days after Metro has made such payment, promptly pay all retention owed to Subcontractor(s) who has satisfactorily completed all of its work and whose work is covered by Metro inspection(s) and approval(s). For the purposes of this section, a subcontractor’s work is satisfactorily completed when the Contractor certifies to Metro that all the tasks called for in the subcontract have been satisfactorily accomplished and that subcontractor’s retention may now be paid. Any

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-128 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 delay or postponement of prompt release of retention beyond the 30 day time limit shall be for good cause, and only upon prior written approval by Metro.

308 WORK SATISFACTORILY COMPLETED: Satisfactory completion of a subcontractor’s work is when all the tasks called for in the subcontract have been accomplished and documented as required by Metro.

309 DELAY OR POSTPONEMENT OF PAYMENT: Any delay or postponement of payment beyond the 7-day time limit shall take place only for good cause, and only upon prior written approval of Metro.

310 NON-PROGRESS OR RETAINAGE PAYMENT INQUIRIES: If Subcontractor (at any tier) is not paid within 7 days according to prompt payment and or retainage. The subcontractor must notify the prime contractor in writing within 30 calendar days from the time payment should have been received. The subcontractor shall copy the Metro DEOD Representative and Contract Administrator. The prime contractor (or lower tier direct subcontractor) has 7 calendar days to respond in writing back to the inquiring subcontractor. The prime contractor shall also copy the Metro DEOD Representative and Contract Administrator.

311 VIOLATION OF PROMPT PAYMENT: The Contractor and all subcontractors, consultants and suppliers shall comply with all prompt payment requirements in the Contract. Any violation of the prompt payment provision shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor.

312 FAILURE TO COMPLY WITH PROMPT PAYMENT: If it is determined that the contractor is non-compliant with prompt payment provisions, the contractor will receive written notification from Metro with details of this deficiency. If additional clarification is required, the contractor must respond to the request within five (5) working days. Failure to comply may result in the assessment of appropriate administrative sanctions and/or penalties. Failure of the Contractor and/or its listed subcontractors to comply with any part of the mentioned may result in non-compliance determination and administrative sanctions may be imposed as prescribed in SBE/DVBE Assessment of Non-compliance and Administrative Sanctions.

313 FINAL REPORTING: Contractor shall submit to Metro, along with invoice for final payment, a signed and notarized statement that the Contractor will pay all outstanding payments including retention 10 days after it receives final payment from Metro. Please see General Terms and Conditions concerning “Prompt Payment to Subcontractors and Prompt Payment of Withheld Funds to Subcontractors.”

314 ASSESSMENT FOR SBE/DVBE NON-COMPLIANCE: If the Contractor fails to comply with the SBE/DVBE Program requirements, contract payments shall be reduced by one or more of the following methods:

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-129 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 A. A penalty of five thousand dollars ($5,000) per day, from the date the Contractor is determined to be in non-compliance with the SBE/DVBE Program requirements until compliance is determined.

B. Penalties of ten percent (10%) of the total contract value, including any approved change orders, for failure to meet SBE/DVBE commitments or to demonstrate good faith efforts.

C. Penalties may be deducted from payments due the Contractor, from any funds retained.

315 DISPUTE RESOLUTION: The Contractor must include in its SBE/DVBE Subcontract Agreement(s) the Dispute Resolution provisions in Section 5.0 of the Contract Compliance Manual (non-Federal) for disputes arising out of or related to this contract between Contractor and any lower tier Subcontractors which cannot be settled by discussions between the parties involved. The Contractor and Subcontractor, in the event of a dispute to their contract, agree to proceed through informal meetings, mediation, or arbitration, or any combination thereof.

SECTION 400 - RESOLUTION OF DISPUTES BETWEEN METRO CONTRACTOR AND SUBCONTRACTORS

400 DISPUTES: Disputes between the Contractor and any lower tier SBE/DVBE subcontractors, which cannot be settled by discussions between the parties involved, shall be settled as described herein. Contractor shall notify Metro of such dispute within ten 10 days of failure to resolve through written cure notice process described above.

These provisions shall not apply to disputes between the Contractor and Metro. These provisions do not alter in any way or waive compliance with any provisions in Section GC36 “Submittal of Claims” included in the Contract Documents.

The Contractor and Subcontractors shall include the dispute resolution provision in their contract. Both parties shall agree to proceed through informal meetings, mediation, or arbitration, or any combination thereof. Dispute submittals shall include terms and timeframes and the service or assistance to be employed.

401 INFORMAL MEETINGS: The Diversity and Economic Opportunity Department will coordinate informal meeting requests, to assist in the resolution of disputes between Contractor and subcontractor. The assigned Diversity and Economic Opportunity Representative will conduct the informal meetings with parties in dispute. All parties must agree to the procedure.

402 MEDIATION: The parties to a contract may agree to endeavor to settle a dispute through informal mediation under independent third party organizations. Metro’s Diversity and Economic Opportunity Department is considered an independent third party. Submission to informal mediation is voluntary; is not binding and offers advisory opinions.

403 ARBITRATION: Should the parties fail to resolve any SBE/DVBE related dispute arising out of or related to the contract via informal meetings or mediation, the parties are

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-130 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 contractually obligated to submit the claims for arbitration within 120 days from date Metro is notified of dispute. Arbitration conducted pursuant to the contract shall be binding upon all parties to the arbitration. All arbitration is to be conducted in a manner consistent with section 1020 et seq. of the Public Contract Code and Section 1296 of Code of Civil Procedure.

Available mediation and arbitration services include:

The American Arbitration Association (213) 362-1900 Dispute Resolution Center (818) 793-7174

The Contractor shall incorporate this Section into each SBE/DVBE subcontract related to work arising under this contract and shall not incorporate by reference.

Only when resolution of SBE/DVBE disputes attempted through informal meetings, mediation, and/or arbitration has failed may the Contractor formally request substitution of a SBE/DVBE subcontractor.

404 TIMELINESS: Should the parties proceed to arbitration, moneys due, if any, shall be placed in a trust account. Such funds shall be released to the appropriate party within five (5) working days of a determination being issued by the arbitrator.

NOTE: Arbitration findings are binding upon the parties. However, the findings do not in any way relieve the contractor of its obligation to meet the SBE/DVBE goals.

SECTION 500 - ADDING OR SUBSTITUTING OR TERMINATING A SBE/DVBE

Contractors shall obtain written approval from DEOD prior to adding, substituting, or terminating SBE/DVBE subcontractors.

500 ADDING SBE/DVBE SUBCONTRACTORS: If contractors determine that there are additional opportunities for SBE/DVBEs not originally listed, they may exercise efforts by requesting to add SBE/DVBE firm(s) to their contract. Metro shall authorize the addition of SBE/DVBE subcontractor(s) for credit toward the contract commitment upon verification of certification. Prior to adding SBE/DVBE subcontractors, written requests must be submitted to DEOD and Contract Administration for approval. This request must include the Request to Add DBE or Non-DBE Subcontractor form (reference Appendix B) specifying the scope of work, dollar amount, period of performance, with a SBE/DVBE certification letter attached.

The request to add a new certified firm to the contract is to be submitted to DEOD for approval, prior to any commencement of work. The Prime Contractor request must include the following documentation:

1. Scope of work to be performed by the added firm(s) and applicable North American Industry Classification System (NAICS) code(s); 2. Written justification for adding additional firm(s) to contract team; 3. Provide subcontract agreement for added firm(s) with dollar amount of scope of work, period of performance, and required flow down provisions;

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-131 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 4. Provide certified letter evidencing certification status of firm(s) to be added; 5. Documentation of prime contractor outreach efforts and selection process undertaken for the scope of work to be performed by the proposed added firm(s); 6. Identify if the added firm(s) replacing another originally listed certified firm or is a result of reducing scope of work originally listed. (The prime contractor shall comply with substitution requirements when making changes to originally scope committed to another certified firm). Enforcement: Failure by the contractor to comply with the “request to add requirements,” shall constitute a material breach of the contract and may result in termination of contract or imposition of administrative sanctions for non-compliance.

After formal approval by Metro the contractor must provide a copy of the Subcontract Agreement.

501 SUBSTITUTING OR TERMINATING SBE/DVBE SUBCONTRACTORS: Pursuant to the California Public Contract Code Section 4100, no contractor at any tier may terminate a SBE/DVBE subcontractor for convenience and then perform that work with its own workforce or that of its affiliate. The contractor shall provide written request to DEOD to substitute a SBE/DVBE subcontractor.

A. Metro shall only authorize the substitution of a subcontractor for one or more of the following reasons: 1. The listed SBE/DVBE, after having had a reasonable opportunity, fails or refuses to execute a written contract. 2. The listed SBE/DVBE becomes bankrupt or has credit unworthiness. 3. The listed SBE/DVBE fails or refuses to perform his subcontract with normal industry standard. 4. The listed SBE/DVBE subcontractor, after having had a reasonable opportunity, fails or refuses to meet the contractor’s non-discriminatory bond requirements. 5. The prime contractor demonstrates to Metro, pursuant to Public Contract Code, Section 4107.5, that the name of the subcontractor was listed as the result of an inadvertent clerical error. 6. The listed subcontractor is not licensed pursuant to the Contractors License Law. 7. It was determined that the work performed by the listed subcontractor is substantially unsatisfactory and is not in accordance with the plans and specifications, or that the subcontractor is substantially delaying or disrupting the progress of the work 8. The SBE/DVBE is ineligible to work because of suspension and debarment. 9. It has been determined that the SBE/DVBE is not a responsible contractor. 10. The SBE/DVBE voluntarily withdraws, with written notification, from the contract. 11. The SBE/DVBE is ineligible to receive credit for the type of work required.

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-132 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 12. The SBE/DVBE owner dies or becomes disabled resulting in the inability to perform the work on the contract. 13. Other documented compelling reasons.

B. DEOD shall send written notice to the listed SBE/DVBE subcontractor of the Contractor’s request for substitution, including the reasons for the request. The SBE/DVBE subcontractor shall have five (5) working days to submit written objections to the substitution to DEOD. Failure to respond to a written objection may constitute the listed SBE/DVBE subcontractor’s consent for substitution.

C. If written objections are filed by a SBE/DVBE subcontractor, Metro shall give written notification within at least five (5) working days, to the prime contractor and the listed subcontractor of an informal mediation regarding the request for substitution.

D. Contractor(s) shall replace a SBE/DVBE subcontractor with another SBE/DVBE firm, after following dispute resolution procedures, pursuant to the provisions of the California Public Contracts Code.

E. If no written objections are filed by the SBE/DVBE subcontractor, the prime’s request to substitute shall be approved. A new SBE/DVBE listing shall include the commitment amount and the type of work covered by each Subcontractor. All substitutions and additions are subject to Metro’s approval.

F. If substitution with another SBE/DVBE firm is not viable, the Contractor shall submit a written request for a substitution with a non-SBE/DVBE. This request must include documentation of the contractor’s attempt to substitute the SBE/DVBE firm with another SBE/DVBE firm for Metro’s review and approval. The Contractor’s good faith effort document shall be submitted to Metro within 7 days.

The Contractor shall obtain the written consent prior to making any substitutions. If adding SBE/DVBE firms for credit toward the goal, verification of certification is required prior to receiving credit toward the contract specific goal. SBE/DVBEs must be certified at the time of the substitution or addition.

Failure to comply with this or any other SBE/DVBE requirement may result in assessment of appropriate administrative sanctions.

SECTION 600 - GOAL ATTAINMENT DURING LIFE OF CONTRACT

A. The Contractor shall not make any falsification of subcontractor information, up to and including Subcontractor's name, subcontract amount and/or actual work to be performed by SBE/DVBE firms.

B. The Contractor shall utilize SBE/DVBEs according to the participation levels committed to at the time of contract award, and demonstrate an adequate and positive effort to do so throughout the life of the contract.

C. The dollar amount of change orders, contract modifications, or provisions sums for design, construction, operations and maintenance, that increases or decreases the METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-133 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 scope of work committed to SBE/DVBEs, shall be commensurately added to or subtracted from the total contract amount used to compute actual dollars paid to SBE/DVBEs regardless of who performed the work.

D. All contract amounts revised as a consequence of a change order, contract modification or provisional sum, shall be reflected in the Contractor's monthly referenced herein in Diversity and Economic Opportunity Submittals, herein.

E. All submittal forms, containing any contract value, revised as a consequence of a Change Order, contract modification, provisional sums shall be accompanied with copy of relevant support documentation.

F. The Contractor shall submit the final SBE/DVBE report within 14 calendar days of final payment, retention, and acceptance of the contract work by the Metro as prescribed in Section 3.6.

G. Listed first-tier subcontractors shall enter into subcontract agreements with the Contractor within the specified time frame of fourteen (14) working days following NTP. Failure to execute subcontract agreements in a timely manner shall be considered a violation of the SBE/DVBE Program requirements.

H. When a SBE/DVBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward SBE/DVBE goals only if the SBE/DVBE’s subcontractor is itself a SBE/DVBE. Work that a SBE/DVBE subcontracts to a non-SBE/DVBE firm does not count toward SBE/DVBE goals.

I. When a SBE/DVBE performs in a joint venture or teaming agreement, only the percentage of the SBE/DVBE joint venture is eligible for credit. Work must be performed by the SBE/DVBEs own work forces.

J. Failure to adhere to any of the requirements of this Section shall constitute a breach of contract and may result in the Metro’s terminating the contract for default and/or imposing appropriate sanctions as outlined in the section entitled Remedies for Breach of SBE/DVBE Requirements.

SECTION 700 – SANCTIONS FOR SBE/DVBE PROGRAM VIOLATIONS

A. Failure to Comply

1. Failure to adhere to any of the SBE/DVBE Program requirements shall constitute a breach of contract and may result in Metro terminating the contract for default and/or imposition of appropriate sanctions as outlined in this section. 2. Staff shall review the contractor's monthly progress reports to determine whether the utilization of SBE/DVBE firms is consistent with the contractor’s commitment at the time of contract award. 3. Failure to utilize a SBE/DVBE as listed toward the goal is a breach of contract and may result in the imposition of administrative sanction.

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-134 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 4. If it is determined that the Contractor's SBE/DVBE utilization is not consistent with the commitment, the contractor shall be required to submit written evidence of subcontracting efforts within ten (10) working days. For failure to respond, the contractor will be deemed non-compliant and subject to administrative sanctions. 5. If it is determined that the contractor’s efforts documentation is acceptable, the contractor shall be deemed to be in compliance with the requirements of the SBE program. 6. If it is determined that the contractor’s efforts documentation is not acceptable, the contractor will receive written details of any deficiencies. If additional clarification is required, the contractor must respond to the request within five (5) working days. Failure to comply may result in the assessment of appropriate administrative sanctions and/or penalties. 7. If it is determined that the contractor is in non-compliance with prompt payment provisions, the contractor will receive written details of this deficiency. If additional clarification is required, the contractor must respond to the request within five (5) working days. Failure to comply may result in the assessment of appropriate administrative sanctions and/or penalties.

B. Remedies for Breach of SBE/DVBE Requirements

Contractor(s) found in violation of Metro’s SBE/DVBE program requirements, during the performance of the contract, shall be required to "correct" its deficiency or be subject to the Administrative Sanctions listed in this Section. Being subject to appropriate administrative remedies or sanctions does not preclude Metro from invoking other contract and/or legal remedies available under state or local law

C. Appropriate Administrative Remedies

Appropriate administrative remedies will be imposed on Contractors deemed non- compliant to the SBE/DVBE Program requirements. Contractors’ failure to provide documentation of efforts, as requested for SBE/DVBE participation, will also be subject to appropriate administrative remedies. Contractor notifications shall be made by certified mail.

The appropriate administrative remedies shall include, but is not limited to the following:

1. Mandatory SBE/DVBE Training Session(s) for Contractor(s) found in violation of SBE/DVBE program requirements (SBE/DVBE Training will be coordinated by DEOD, and all associated expenses, including, but not limited to, travel, lodging, meals and etc., will be the responsibility of the Contractor.) 2. Penalties as described in the, “Assessment for SBE/DVBE Non-Compliance,” (referenced in Sub-Section D) 3. Suspension of payment(s) to the Contractor 4. Termination of the Contract for default. 5. Debarment

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-135 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 D. Assessment for SBE/DVBE Non-Compliance

If the Contractor fails to comply with the SBE/DVBE Program requirements, contract payments shall be reduced by one or more of the following methods:

1. A penalty of five thousand dollars ($5,000) per day, from the date the Contractor is determined to be in non-compliance with the SBE/DVBE Program requirements until compliance is determined. 2. Penalties of ten percent (10%) of the total contract value, including any approved change orders, for failure to meet SBE/DVBE commitments or to demonstrate efforts. 3. Penalties may be deducted from payments due the Contractor, from any funds retained.

SECTION 800 - SMALL BUSINESS ENTERPRISE AND DISABLED VETERAN BUSINESS ENTERPRISE CERTIFICATION

800 SBE CERTIFICATION REQUIREMENTS: A firm only holding a current certification as an eligible Metro SBE may participate in the Metro SBE/DVBE Program. Firms listed by Bidders to meet an established SBE subcontracting goal must be certified by bid due date. Metro has a responsibility to ensure that eligible SBE firms participate in Metro contracting. If not, that firm’s participation may not be counted as SBE participation in the contract. Bidders shall ensure SBE firms are certified in the North American Industry Classification System (NAICS) codes for the work in which the SBE firm is listed to perform and for which the Bidder seeks SBE credit towards its SBE commitment. Certifications as a Metro SBE firm, means the firm met the SBE certification requirements and eligibility standards described in Metro’s SBE/DVBE Program.

801 SBE CERTIFICATION STANDARDS: Metro follows the standards and procedures defined by Metro SBE/DVBE Program Subpart E to determine whether an applicant is eligible for SBE certification. These standards and procedures are described in detail in the Certification Instructions, provided with the Application for Certification. Interested individuals or companies will start the process by obtaining a copy of the SBE Application and SBE Certification Instructions.

802 DVBE CERTIFICATION REQUIREMENTS: A firm holding a current certification as an eligible Disabled Veteran Business Enterprise (DVBE) from the California Department of General Services (DGS) may participate in the Metro SBE/DVBE Program. Firms listed by Bidders to meet an established DVBE subcontracting goal must be certified by bid due date. To receive scoring preference the DVBE’s principal office must be located in California. Metro has a responsibility to ensure that eligible DVBE firms participate in Metro contracting. If not, that firm’s participation may not be counted as DVBE participation in the contract. Bidders can search for current DGS certified DVBE firms at the following website: http://www.bidsync.com/DPXBisCASB.

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-136 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 803 DVBE CERTIFICATION STANDARDS: Metro follows DGS criteria to determine whether an applicant holds a current DVBE certification. For an updated list of DVBE eligibility criteria and application instructions see the following website: http://www.dgs.ca.gov/pd/Programs/OSDS.aspx.

END OF SECTION

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-137 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 APPENDIX A – DIVERSITY AND ECONOMIC OPPORTUNITY MANUAL DEFINITIONS

Annual SBE/DVBE Goals: Targeted levels established by Metro for participation of SBEs and DVBEs in Metro contracts.

Change Order (CO): A written order by Metro’s Contracting Officer directing Changed Work.

Changed Work (or Change): Additions, deletions or other revisions to the Work within the general scope of the Contract. Changed Work must be directed by Metro by a Change Order or agreed to by the parties in an Amendment or other Modification. Includes Work that does not involve an adjustment in the Contract Price and/or Contract Time. Does not include Work performed or time spent by Contractor to correct any Deficiency.

Commercially Useful Function: Work performed by a SBE/DVBE firm in a particular transaction that in light of industry practices and other relevant considerations, has a necessary and useful role and the firm's role is not a superfluous step added in an attempt to obtain credit toward goals. If, in Metro's judgment, the firm (even though an eligible SBE/DVBE) does not perform a commercially useful function in the transaction, no credit toward the goal may be awarded.

Contractor: The individual, firm, partnership, corporation, joint venture, or combination thereof, which may also be referred to by the term "it", that has entered into the Contract with Metro. Includes Contractor’s successors, assigns, employees, officers, Contractor’s Representatives, and agents. In context may also include Subcontractors, Suppliers and any other persons for whom the Contractor may be legally or contractually responsible.

Contracting Opportunity: Any decision by Metro or its contractors to institute a procurement action to obtain a product or service commercially (as opposed to intergovernmental actions).

Department: Functional unit of Metro, responsible for management and administration of specific projects included within the capital and operating budget.

Disabled Veteran: A veteran of the United States military, naval or air service; who has service- connected disability of at least 10% or more; and the veteran must reside in California. The definition will always defer to the latest California Military and Veterans Code.

Disabled Veteran Business Enterprise (DVBE): A business enterprise certified by the State of California’s Department of General Services (DGS). The enterprise must meet all DGS certification requirements which currently include:

 Business must be at least 51% owned by one or more disabled veterans.  DVBE limited liability companies must be wholly owned by one or more disabled veterans.  Daily business operations must be managed and controlled by one or more disabled veterans.  Home office must be located in California. The home office cannot be a branch or subsidiary of a foreign corporation, foreign firm, or other foreign based business.  The definition will always defer to the latest California Military and Veteran code.

Small Business Enterprise (SBE): A SBE firm is, generally, one that has demonstrated to Metro, by a preponderance of the evidence, that it meets the requirements of Metro's Small Business METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-138 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 Enterprise Program, Subpart E, Certification Standards and Procedures, concerning Business Size, Owners Economic Disadvantage (Personal Net Worth), Quality of Ownership and Ownership Discretion and Control. It is a firm that:

(1) Is owned by Individuals who can demonstrate, by a preponderance of the evidence, that they are economically disadvantaged. It requires an individual’s personal net worth (PNW) to be within the SBE Program PNW Limits. Currently limits on PNW are defined as an average of less than $1.32 million over the previous three years, excluding individual applicant owner's interest in their primary residence and the PNW of the applicant business);

(2) Has had average annual gross receipts (over the previous three years), under the SBE Small Business Size Table amounts, as defined by SBA regulations (13 CFR 121.402), according to the industry in which the firm actively does business, or average gross receipts are not greater than $23.98 million over the previous three years.

(3) Is at least 51 percent owned by one or more such economically disadvantaged individuals, or in the case of any business organized as a corporation, at least 51 percent of the shares are held by one or more economically disadvantaged individuals;

(4) Is an independent business whose management and daily business operations are controlled by one or more of the economically disadvantaged individuals who own it;

(5) Is a for profit business.

DOT Assisted Contract: Any contract or modification of a contract between Metro and a contractor which is paid for in whole or in part with DOT financial assistance.

FTA: Federal Transit Administration, an agency of the U.S. Department of Transportation.

Metro: The Los Angeles County Metropolitan Transportation Authority

Manufacturer: Means a business that operates, or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor.

Metro Rail Project: The design, engineering and construction of the high-capacity, high-speed conventional rapid rail system, currently proposed as an 18 mile subway system with multi-car trains, steel rails and at least 16 stations serving the Los Angeles' Regional Core.

Non-Compliance: The condition existing when a contractor has failed to implement or meet the requirements of r Metro policy or procedure pertaining to SBE/DVBE participation.

Payroll Form: The State of California WH 347 Dept. of Transportation form for completing the Contractor employee’s number of hours worked, hourly rate of pay, employee’s classification, name, SSN, address, and fringe benefits paid, etc.

Pre-Bid/Construction Conference: A meeting held by Metro after award of contract on a particular construction project, but prior to the beginning of any work, at which the prime contractor is advised of its federal, state and local compliance obligations and any final technical requirements.

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-139 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 Pre-Bid/Pre-Proposal Conference: A meeting held by Metro prior to the bid/proposal closing date of a particular project, at which prospective bidders/proposers are advised of Metro specification requirements which include SBE/DVBE provisions.

Professional/Technical Services Contract: Contracts for the professional and technical services of accountants, architects, engineers, landscape architects, lawyers, planners, surveyors, title companies, urban designers, appraisers, option negotiators, and other persons performing similar services for Metro.

Public Works Contract: Contracts for the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

Secretary: The Secretary of U.S. Department of Transportation or any person whom he/she has designated to act for him/her.

Labor Compliance Section: The staff that oversees and monitors labor standards activities for applicability to the State of California Labor Code and, where applicable, Title 8 of the California code of Regulations.

State: State of California.

Statement of Compliance: The statement on the back of Payroll Form WH 347, whereby the Contractor declares how the fringes are paid whether by cash or through a bona fide fringe program.

Subcontract: Any contract, including contracts of any tier, to furnish Work, Goods or Equipment between the Contractor and/or any Subcontractor or Supplier.

Subcontractor: Any individual, firm, partnership, corporation, joint venture, or combination thereof, other than employees of the Contractor that enters into a legal agreement with the Contractor or any Subcontractor to furnish Work, Construction Equipment or Goods. Unless otherwise specified, Subcontractor includes a Subcontractor of any tier.

Wages: The basic hourly rate of pay, any contribution made pursuant to, or cost anticipated to provide, a bona fide fringe benefit plan, fund or program.

METRO GA18-54 SBE/DVBE CONTRACT COMPL MANUAL(NON-FED) RFIQ NO. PS54330 2-140 PRO FORM 088 ISSUED: 06.06.18 REV. DATE: 12.30.16 APPENDIX B Request To Add SBE or Non-SBE Subcontractor

Project Name:______Contract No. ______

Prime Contractor: ______

Contractor herewith requests that ______, a ___Small Business Enterprise (SBE) or ____Non-SBE, subcontracted to ______, be added to the approved list of subcontractors on this project in accordance with our approved subcontracting plan.

Description of Work (Specify Subcontractor’s Portion of Work):

NAICS Codes/ Description: Code(s) Description: Applicable Yes No Yes No Yes No Yes No Yes No

Name of Proposed Firm: ______

Address ______City______State______Zip______

Email ______Telephone ______

Contact Person ______Title ______

Public Work Contractor Registration # ______Copy of Public Works Registration Attached Copy of Certification Regarding Debarment, Suspension and Other Responsibility Matters Attached

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-141 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 Subcontractor Counting and Calculating SBE Credit:

As Subcontractor As Joint Venture As Supplier (60% for SBE Credit) Trucking (Owner Operator) As Broker (SBE credit for fees/commissions only)

Subcontract Amount $ ______Amount Claimed as SBE Commitment: $ ______

Contract Type (for proposed subcontractor):

Time & Material (Not to Exceed) Contract Term: ______through ______Lump Sum / Firm Fixed Price

Solicitation Process: This subcontractor was selected using the following process: Competitive Selection: 3 Quotes (Best Value) Advertisement – Negotiated (Best Value) Advertisement – Low Bid Other ______

Non-Competitive: Sole Source Award Other ______Justification for selection: ______

______

Subcontractor DBE Bid or Proposal Amount Yes No Yes No Yes No

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-142 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 Prime Contractor:______Contract No. ______Proposed Subcontractor: ______

I hereby certify that the proposed firm (reference above) has been contracted in accordance with CFR Part 26 and the terms of our contract and that the selected firm is not replacing another originally listed certified firm for the listed scope of work, nor is a result of reducing or seeking to substitute the scope of work of another listed firm.

Name & Title of Certifying Official: ______

Signature: ______

Date: ______

FOR METRO APPOVAL

Selected Subcontractor: ______

This section to be completed by Additional Comment(s): Vendor Contract Management only

Contractor Debarment Yes No Pre-Qualified Yes No Organizational Conflict Yes No

Consent for Adding ______Yes No Name / Title Date

This section to be completed Additional Comment(s): by the Diversity & Economic Opportunity Department (DEOD) only Yes No Subcontractor performing CUF Certification NAICS Verified Yes No Regular Dealer Yes No Broker Yes No ______Name / Title Date

Approved for Adding Yes No

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-143 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 DIVERSITY & ECONOMIC OPPORTUNITY DEPARTMENT SBE CONTRACT COMPLIANCE MANUAL (SET-ASIDE)

SECTION 100 - SMALL BUSINESS REQUIREMENTS

100 METRO POLICY STATEMENT: It is Metro’s policy to provide equal opportunity for Small Business Enterprise (SBE) firms on contracts funded with Federal Transit Administration (FTA) funds subject to the requirements of Title 49, Code of Federal Regulations (CFR) Part 26 and non-federally funded contracts subject to the Metro Small Business Enterprise Program. The Metro Small Business Set-Aside Policy complies with the 49 CFR Part 26.39, Fostering Small Business Participation Element. The Set-Aside program seek to facilitate the participation of small business concerns in our contracting activities; to meet the maximum feasible portion of Metro’s overall DBE and SBE goal through race-neutral means; and are active, effective steps to foster competition for Metro’s contracts by increasing the capacities of small businesses.

Metro shall take all necessary and reasonable steps to:

1. Ensure nondiscrimination in the award and administration of federally funded contracts. 2. Create a level playing field on which SBEs can compete fairly for Metro contracts. 3. Ensure that only firms that fully meet the eligibility requirements of the Metro SBE Program are permitted to participate as SBEs. 4. Help remove barriers to the participation of SBEs in Metro contracts. 5. Assist the development of firms that can compete successfully in the marketplace outside the DBE program. 6. Assist the development of firms that can compete successfully in the marketplace outside the SBE program

101 INTERPRETATION: For non-federally funded contracts if any conflict, error, omission or ambiguity which may arise between these instructions, California law and Metro’s SBE Program shall be resolved first in favor of California Law and second in favor of Metro’s SBE program. For FTA funded contracts if any conflict, error, omission or ambiguity which may arise between this Manual, and the federal regulations or the DBE Program, shall be resolved first in favor of the federal regulations and second the DBE Program. Failure of a bidder or its subcontractors, consultants, suppliers or other entities to carry out these requirements may be grounds for Metro to implement administrative penalties or other remedies imposed by Metro.

102 NON DISCRMINATION: Metro’s policy ensures that SBE firms have an equal opportunity to receive and participate on projects that are FTA funded and non-federally funded Metro contracts. It is also Metro’s policy to ensure that there is no discrimination in the award and participation on the basis of race, color, national origin, or sex.

103 SUSPENSION OR DEBARMENT: Suspension or debarment proceedings may be initiated against any firm when:

C. Attempts to participate in the Metro SBE Program or DBE Program as a SBE if the firm does not meet the eligibility criteria stated in the Certification Standards for SBE programs and if it attempts to participate on the basis of false, fraudulent or METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-144 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty.

D. In order to be eligible for a Set-Aside contract award, meet the SBE subcontracting goals or other SBE program requirements uses or attempts to use on the basis of false, fraudulent or deceitful statements or representations, another firm that does not meet the SBE eligibility criteria stated in the certification standards.

In either case, Metro shall take action through the Diversity & Economic Opportunity Department, Metro Office of Inspector General and/or Federal Department of Justice for further action and may refer the matter for prosecution under appropriate state an and federal criminal statutes.

104 AUDIT AND INSPECTION: The Contractor shall maintain records of all subcontracts entered into with SBE firms and records of materials purchases from SBE suppliers. Such records shall show the name and business address of each SBE subcontractor or suppler and the total dollar amount actually paid to each SBE subcontractor or supplier. Metro reserves the right to audit the records and inspect the facilities of its contractors and any subcontractors of any tier for the purpose of verifying the SBE participation and/or adherence to the SBE program requirements. Contractor records shall be maintained for five years from contract completion and be made available upon request for Metro contracting studies. Contractors and subcontractors shall permit access to their records at the request of Metro. Notice is hereby given that state, local, and federal authorities may initiate or cooperate with Metro in auditing and inspecting such records.

SECTION 200 - SBE PARTICIPATION

200 SBE PARTICIPATION: After contract award, SBE participation percentage(s) for SBE subcontractors, consultants or suppliers, listed by the Offeror at time of bid or proposal will be monitored and enforced from contract inception through the term of contract. Failure to meet the SBE commitment may result in penalties and/or administrative sanctions.

201 METRO OVERALL DBE GOAL: Metro has set an overall goal for DBE participation. The overall DBE goal applies to federally funded contracts Metro expects to expend for the fiscal year. Metro supports the use of race neutral measures to facilitate participation of SBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own forces.

202 METRO OVERALL SBE GOAL: Metro has set an overall goal for SBE participation. The overall SBE goal applies to non-federally funded contracts Metro expects to expend for the fiscal year. Metro will strive to meet its overall goal through race neutral measures. Metro supports the use of race neutral measures to facilitate participation of SBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own forces. To ascertain whether the overall SBE goal is being achieved, Metro will track the dollar amount paid to all certified SBE firms performing work called for in this contract that is eligible to be credited toward Metro’s overall goal.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-145 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 203 CHANGES IN WORK LISTED TO SBE FIRMS: If Metro or the Contractor proposes changes for work contracted to an SBE, the Contractor is required to notify the SBE firm in writing within 10 working days prior to execution of the proposed change, reduction, or deletion of any work listed at time of contract award or after contract award. The dollar amount of changes as a result of contract modifications, change orders, or provisions sums, that increase or decrease the work commitment to a SBE firm(s) will be commensurately added to or subtracted from the total contract amount used to compute actual dollars paid to SBEs. Failure to comply with Section 205 (“Crediting and Counting SBE Participation“) will be cause for non-compliance and assessment of administrative sanctions.

204 COMMERCIAL USEFUL FUNCTION (CUF): To receive SBE participation credit towards the SBE contract commitments, SBE firms must perform a commercially useful function (CUF). An SBE must perform at least 30% of its listed work with its own workforce or must not subcontract a greater portion of the work than would be expected on the basis of normal industry practices for that type of work. An SBE performs a CUF when the SBE is responsible for a clearly defined and distinct scope of work. SBE firms must be responsible for the execution of the work, is carrying out its responsibilities by actually performing, managing, and supervising the work involved

On-site visit reviews will be used to ascertain whether the SBE is actively performing, managing, and supervising the work. SBE firms shall employ a labor force which is separate and apart from individuals employed by the prime, and independently recruited by the SBE in accordance with standard industry practice.

205 VIOLATION OF COMMERICAL USEFUL FUNCTION : If an investigation reveals that there is a violation of the CUF provisions, that portion of the work found to be in violation will not be counted toward achievement of the SBE contract commitment, nor Metro’s overall SBE goal. When a SBE is presumed not to be performing a CUF as described in this section, the SBE may present evidence through the Contractor to Metro to rebut that presumption no later than fifteen (15) days after receipt of notice of violation(s). If after review of the evidence presented by the SBE does not meet the CUF provisions herein, the Contractor will be required to cure deficiencies found. Metro’s CUF decisions are not appealable.

206 CREDITING AND COUNTING SBE PARTICIPATION: Metro is only able to count toward the achievement of the SBE commitment percentage the value of actual dollar paid for CUF work actually performed by SBE firms. There will be no credit for work performed by a non-SBE prime and/or subcontractor. SBE participation listed in the bid or proposal must comply with the provisions of this section.

G. SBE as the Prime Contractor: 100% SBE credit for that portion of the work performed by the SBE’s own forces, including the cost of materials and supplies. Work that a SBE prime subcontracts to a non-SBE firm will not count toward the SBE commitment.

H. SBE as a Joint Venture Contractor: 100% SBE credit for that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work performed by the SBE’s own forces.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-146 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 I. SBE as a Subcontractor: 100% SBE credit for the work of the subcontract performed by the SBE’s own forces, including the cost of materials and supplies, excluding the purchase of materials and supplies or the lease of equipment by the SBE subcontractor from the prime contractor or its affiliates. Work that a SBE subcontractor in turn subcontracts to a non-SBE firm does not count toward the SBE commitment.

J. SBE as a Material Supplier or Broker:

1) 60% SBE credit for the cost of the materials or supplies purchased from a SBE regular dealer.

2) 100% SBE credit for the cost of materials or supplies obtained from a SBE manufacturer.

3) 100% SBE credit for the value of reasonable fees and commissions for the procurement of materials and supplies if not a regular dealer or manufacturer.

E. SBE as a Trucker: 100% SBE credit for trucking participation provided the SBE is responsible for the management and supervision of the entire trucking operation for which it is responsible. At least one truck owned, operated, licensed and insured by the SBE must be used on the contract. Credit will be given for the full value of all such SBE trucks operated using SBE employed drivers. SBE credit will be limited to the value of the reasonable fee or commission received by the SBE if trucks are leased from a non-SBE company. Metro uses the following six (6) factors in determining whether to count expenditures to a SBE trucking firm, to determine if it is performing a commercially useful function:

8) The SBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract and there cannot be a contrived arrangement for the purpose of meeting SBE goals.

9) The SBE must itself own and operate at least one fully licensed, insured and operational truck used on the contract

10) The SBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.

11) The SBE may lease trucks from another SBE firm, including an owner- operator who is SBE certified. The SBE who leases the trucks from another SBE receives credit for the total value of the transportation services the lessee SBE provides on the contract.

12) SBE firms that lease trucks from non-SBE firms are entitled to credit only for the fee or commission it receives from the lease arrangement. SBE firms are not eligible to receive full credit for the total value of transportation services.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-147 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 13) To perform a commercially useful function reference Section 203 (“Commercial Useful Function”) an SBE trucking company shall have exclusive use of and control of the day-to-day trucking operation. This does not preclude the leased truck from working for others during the term of the lease with the consent of the SBE, so long as the lease gives the SBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the SBE firm.

14) SBE firms that leases trucks from a prime contractor during the performance of contract, is considered a violation of the commercial useful function requirement.

207 THE SBE (AND NOT OTHER BUSINESS ENTITITIES) SHALL ACTUALLY PERFORM THE SUBCONTRACT: The SBE’s utilization of labor, supervisory personnel, equipment and material in the performance of the subcontract, shall be consistent with industry standards and shall demonstrate that the SBE, and not some other business entity is actually performing the subcontract. If a SBE associates itself too closely with another business entity or entities, in acquiring labor force, supervisors, equipment, or materials to an extent inconsistent with industry standards, the SBE can no longer be said to be actually performing a commercially useful function (reference §203)the subcontract.

208 SBE CONTRACTOR’S WORK FORCE: The SBE shall solicit, hire, place on its payroll, direct, and control all workers performing work under its contract. The SBE owner or its superintendent shall, on a full-time basis, supervise and control the work of the contract. The SBE may, with Metro’s prior written consent, augment its work force with personnel of another firm. Metro shall approve the request in writing only when specialized skills are required and the use of such personnel is for a limited duration.

SECTION 300 - CONTRACT COMPLIANCE MONITORING

301 REVIEW AND MONITORING SYSTEM: This section describes the review and monitoring system to ensure that all contractors, subcontractors, consultants, vendors, suppliers, dealers, brokers and other sources, and all Metro departments comply with the SBE requirements and all other contract provisions related to SBE participation.

Non-compliance by the Contractor with the SBE contract requirements or federal regulations constitutes a breach of contract, and requires, at a minimum, a written explanation and documented description of the contractor’s GFE. Failure to comply may result in: (1) mandatory participation in a SBE Program Training Session, reviewing the performance, accountability, record keeping and reporting aspects of the SBE or DBE Program, and/or (2) termination of the contract, and/or (3) administrative sanctions, and/or (4) other appropriate remedies.

302 CREATE A LEVEL PLAYING FIELD OF OPPORTUNITY TO PARTICIPATE: Contractors shall ensure that SBEs have a level playing field to successfully perform the responsibilities of their contract in order to meet its SBE contract commitment. These efforts include, but are not limited to the following:

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-148 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 A. Negotiate in good faith to attempt to finalize subcontract and supply agreements with SBEs listed in its bid.

B. Continue to provide assistance to SBE Subcontractors or Suppliers in obtaining bonding, lines of credit, or other capital financing.

C. Contractor shall immediately inform DEOD of any problems anticipated or concerns with SBE participation or CUF during the performance of the contract.

E. Issue the SBE(s) a written Cure Notice of any potential problem and provide a reasonable time frame for the SBE to cure the problem. The Contractor shall, concurrently with the issuance of the Cure Notice to the SBE, send a copy of the Cure Notice by First Class mail, postage prepaid, to the assigned Contract Compliance Officer, DEOD Contract Compliance Manager and to the Contract Administrator. In instances where the SBE fails to cure, the Contractor is then obligated to take the steps outlined in the section herein RESOLUTION OF SBE DISPUTES BETWEEN CONTRACTOR AND SBE SUBCONTRACTORS before formally requesting approval from Metro to substitute a SBE.

302 NOTIFICATION OF REPORTING REQUIREMENTS: For SBE contracting requirements, Contractors shall refer to the SBE Contract Compliance Manual, the General Conditions and the Special Provisions sections of the executed contract. Contractors are advised of prompt payment provisions and retention covering all SBE and Non SBE subcontracts, implemented pursuant to the California Business and Professions Code 7108.5 and 49 CFR Part 26.

303 KICK-OFF MEETING: Contractors and subcontractor(s) or designees shall be notified of the scheduled project kick-off meeting, if applicable, prior to or immediately after Notice to Proceed is issued. The Contractor shall be responsible for informing the SBE subcontractors of all requirements.

304 CONTRACT COMPLIANCE SUBMITTALS – REPORTING SBE PARTICIPATION: Contractor and all subcontractors shall report payment details to LACMTA using the web-based Small Business Programs Compliance Reporting System (SBCRS) by the 15th of each month. SBCRS allows Contractors to manage their own records, maintain accurate contract information, and report payment details online. SBCRS is mandatory for Contractors and subcontractors to use unless LACMTA instructs otherwise. LACMTA will provide the Contractor, subcontractors, suppliers, brokers, and truckers initial online training, login and password information, at no cost to the Contractor or its subcontractors, suppliers, and truckers. Contractor shall have fourteen (14) days from Notice to Proceed (NTP) to register and obtain login and password with the SBCRS, Subcontractors, at all tiers, shall register within thirty (30) days of the NTP. The Contractor is responsible for ensuring that all subcontractors, suppliers, brokers, and/or truckers (at all tiers), both SBE and non SBE firms participate in the SBCRS based webinar trainings to comply with the verification of payments and other related reporting requirements through the software system.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-149 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 or its subcontractors to enter required information on a timely basis may result in delay of payment by LACMTA and assessment of SBE non-compliance for reporting requirements as identified in Section 314 of this Manual. . For the Small Business Programs Reporting System Contractor and Subcontractor User Guide please click on the following link: http://media.metro.net/uploads/Metro_Connect/SBCRS%20USER%20GUIDE.pdf

A. CONTRACTOR MONTHLY SBE PROGRESS REPORT (Design/Build Only): The Contractor shall submit timely and complete monthly progress report summarizing the overall status of commitments to SBE firms, attainments to SBE firms, and prompt payment/retainage for all firms (SBE and non-SBE firms) performing on this contract.

The monthly progress report shall be updated to Metro by the 15th day following the reporting month. The monthly report shall provide, at a minimum, the following information:

2) The following general contract value information must be provided:

a. Original Contract Amount b. Running Total of Change Order Amount c. Current Contract Amount d. Amount Paid to Contractor during the each month e. Amount Paid to Contractor from inception to Date f. SBE Contract Goal g. Total Dollar Amount of SBE Commitment h. SBE Commitment as Percentage of Current Contract Amount

3) The following general information shall be prepared for the Contractor and each subcontractor (at every tier level): Name, address, phone, SBE status, contact person, contractor(s), name, date contract agreement signed, scope of work, anticipated first date of performance and anticipated last date of performance.

4) Supplemental Reports (Design/Build Only) Prime contractors shall submit, each month (unless otherwise instructed by Metro’s). Contractor may develop their own reporting format (subject to Metro’s approval) to meet the following supplemental report requirements:

a. SBE Attainment and Commitment Report, a monthly listing of SBE and non-SBE subcontractors with current and anticipated participation. This report shall include a current SBE attainment and commitment tallies from each subcontractor (at any tier) listing of all its subcontractors.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-150 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 retainage account with the Prime Contractor engaged in subcontracting and their compliance with the return of the retainage regulations.

B. MONTHLY EXPENDITURE PLAN (FOR CONSTRUCTION WORK ONLY): An expenditure plan in calendar format for each of its approved SBE Subcontractors/Suppliers shall be submitted 14 working days after the Contractor executes a contract or purchase order with Metro, and submitted each month thereafter. The planned expenditures shall equal the dollars committed to each SBE Subcontractor/Supplier and shall be developed according to the approved project schedule.

The plan shall be updated to incorporate any schedule changes and executed Changed Notices and Work Authorization Change Notices affecting the SBE's work. The original plan must be approved and each revision must be approved by the, “Construction Manager's Resident Engineer,” prior to being submitted to the assigned Contract Compliance Officer and the Contract Administrator. Revised plans shall be submitted within 30 days from the incorporation of the change.

C. SBE TRUCKING VERIFICATION REPORT When trucking is listed to be performed, the Contractor shall provide to Metro, by the fifth (5th) day of each month, the preceding month's trucking activity. The Contractor shall submit documentation showing the amount paid to SBE trucking companies listed to perform on the contract. This monthly documentation shall indicate the portion of revenue paid to SBE trucking companies which is claimed toward SBE participation. The Contractor shall also obtain and submit documentation to the DEOD showing the amount paid by SBE trucking companies to all firms, including owner-operators, for the leasing of trucks. The SBE who leases trucks from a non-SBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward SBE participation conforms to Subsection 205, referenced above.

The Contractor shall also obtain and submit documentation showing the truck number, owner’s name, California Highway Patrol CA number and if applicable, the SBE certification letter of the owner of the truck for all trucks used during that month for which SBE participation will be claimed. The Contractor shall promptly pay SBE trucking companies in accordance with the prompt payment provisions prescribed in Section 300, Subsections 304 through 312.

D. EXECUTED SBE SUBCONTRACT AGREEMENTS: The Contractor shall submit copies of all executed SBE subcontract agreements and/or SBE purchase orders (PO) within 14 days (working) after the Contractor executes their contract or PO with Metro. For Design/Build contracts, subcontract agreements are require for all Design and Construction firms known and listed at time of bid within 14 days

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-151 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 of issuance of NTP. Other Design/Build construction subcontract agreements are due to Metro 14 days from date to request to add firm. DBE firms are not to start work without a signed subcontract agreement, unless Contractor has received written approval from subcontractor to start work without a signed agreement. Failure to comply with this section will be cause for non-compliance and assessment of administrative sanctions, and may include, imposing a special assessment against the Contractor.

The SBE subcontract or PO should be sent to the attention of the assigned Contract Compliance Officer. The Contractor shall incorporate the SBE Program document and this SBE Contract Compliance Manual into each PO and into each Subcontract issued under this DOT-assisted contract and each subcontractor, consultant, dealer, broker, vendor or other source shall agree to the terms and conditions. The Contractor shall immediately notify DEOD in writing, within the 14-day timeframe mentioned above, of any problems it may have in obtaining the subcontract agreements from listed SBE firms within the specified time. Failure to notify DEOD may deem the Contractor in non-compliance with this requirement and subject to imposed administrative sanctions. Contractor must document all efforts taken to with subcontractor to executive subcontract agreements.

K. CONTRACT ASSURANCE: The Contractor shall include the following language in each subcontract agreement the Contractor signs with a SBE subcontractor:

The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable SBE requirements in the award and administration of DOT-assisted contracts. Failure by the contractor 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 recipient deems appropriate.

305 PROMPT PAYMENT: The prime contractor is required to incorporate the Prompt Payment Clause referenced in Section 302 above, in all subcontract, broker, dealer, vendor, supplier or other source agreements or Purchase Orders (at all tiers) issued to both SBE and non-SBE firms. Contractor shall reference the following contract clauses: General Terms and Conditions concerning Prompt Payment to Subcontractors and Prompt Payment of Withheld Funds to Subcontractors.

306 PROGRESS PAYMENTS: Prompt Payment and Progress Payment language must included in all non-SBE and SBE subcontract agreements verbatim. Pursuant to the California Business and Professions Code Section 7108.5, the Contractor shall pay each subcontractor under this Contract for satisfactory performance of its subcontract work no later than seven (7) days after its receipt of each Progress Payment from Metro.

307 FINAL PAYMENT TO SUBCONTRACTOR (RELEASE OF RETAINAGE): The Contractor and all subcontractors shall pay to each subcontractor all amounts it has retained from payments under the Subcontractor within seven (7) days after the Subcontractor’s Work is satisfactorily completed.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-152 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 Prompt Payment of Retention to Subcontractors (Required in all SBE and non-SBE subcontract agreements verbatim):

308 WORK SATISFACTORILY COMPLETED: Satisfactory completion of a subcontractor’s work is when all the tasks called for in the subcontract have been accomplished and documented as required by Metro.

309 DELAY OR POSTPONEMENT OF PAYMENT: Any delay or postponement of payment beyond the 7-day time limit shall take place only for good cause, and only upon prior written approval of Metro.

310 NON—PROGRESS OR RETAINAGE PAYMENT INQUIRIES: If Subcontractor (at any tier) is not paid within 7 days according to prompt payment and or retainage. The subcontractor must notify the prime contractor in writing within 30 calendar days from the time payment should have been received. The subcontractor shall copy the Metro DEOD Representative and Contract Administrator. The prime contractor (or lower tier direct subcontractor) has 7 calendar days to respond in writing back to the inquiring subcontractor. The prime contractor shall also copy the Metro DEOD Representative and Contract Administrator.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-153 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 penalties. Failure of the Contractor and/or its listed subcontractors to comply with any part of the mentioned may result in non-compliance determination and administrative sanctions may be imposed as prescribed in SBE Assessment of Non-compliance and Administrative Sanctions.

314 ASSESSMENT FOR SBE NON-COMPLIANCE: If the Contractor fails to comply with the SBE Program or DBE Program requirements, contract payments shall be reduced by one or more of the following methods:

D. A penalty of five thousand dollars ($5,000) per day, from the date the Contractor is determined to be in non-compliance with the SBE Program requirements until compliance is determined. E. Penalties of ten percent (10%) of the total contract value, including any approved change orders, for failure to meet SBE commitments or to demonstrate good faith efforts. F. Penalties may be deducted from payments due the Contractor, from any funds retained.

315 DISPUTE RESOLUTION: The Contractor must include in its SBE Subcontract Agreement(s) the Dispute Resolution provisions in Section 5.0 of the Contract Compliance Manual (non-Federal) for disputes arising out of or related to this contract between Contractor and any lower tier Subcontractors which cannot be settled by discussions between the parties involved. The Contractor and Subcontractor, in the event of a dispute to their contract, agree to proceed through informal meetings, mediation, or arbitration, or any combination thereof.

SECTION 400 - RESOLUTION OF DISPUTES BETWEEN METRO CONTRACTOR AND SUBCONTRACTORS

400 DISPUTES: Disputes between the Contractor and any lower tier SBE subcontractors, which cannot be settled by discussions between the parties involved, shall be settled as described herein. Contractor shall notify Metro of such dispute within ten 10 days of failure to resolve through written cure notice process described above.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-154 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 401 INFORMAL MEETINGS: The Diversity and Economic Opportunity Department will coordinate informal meeting requests, to assist in the resolution of disputes between Contractor and subcontractor. The assigned Diversity and Economic Opportunity Representative will conduct the informal meetings with parties in dispute. All parties must agree to the procedure.

403 ARBITRATION: Should the parties fail to resolve any SBE related dispute arising out of or related to the contract via informal meetings or mediation, the parties are contractually obligated to submit the claims for arbitration within 120 days from date Metro is notified of dispute. Arbitration conducted pursuant to the contract shall be binding upon all parties to the arbitration. All arbitration is to be conducted in a manner consistent with section 1020 et seq. of the Public Contract Code and Section 1296 of Code of Civil Procedure.

Available mediation and arbitration services include:

The American Arbitration Association (213) 362-1900 Dispute Resolution Center (818) 793-7174

The Contractor shall incorporate this Section into each SBE subcontract related to work arising under this contract and shall not incorporate by reference.

Only when resolution of SBE disputes attempted through informal meetings, mediation, and/or arbitration has failed may the Contractor formally request substitution of a SBE subcontractor.

NOTE: Arbitration findings are binding upon the parties. However, the findings do not in any way relieve the contractor of its obligation to meet the SBE goals.

SECTION 500 - ADDING OR SUBSTITUTING OR TERMINATING A SBE

Contractors shall obtain written approval from DEOD prior to adding, substituting, or terminating SBE subcontractors.

500 ADDING SBE SUBCONTRACTORS: If contractors determine that there are additional opportunities for SBEs not originally listed, they may exercise good faith efforts by requesting to add SBE firm(s) to their contract. Metro shall authorize the addition of SBE subcontractor(s) for credit toward the contract commitment upon verification of certification. Prior to adding SBE subcontractors, written requests must be submitted to DEOD and Contract Administration for approval. This request must include the Request

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-155 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 to Add DBE or Non-DBE Subcontractor form (reference Appendix B) specifying the scope of work, dollar amount, period of performance, with a SBE certification letter attached.

After formal approval by Metro the contractor must provide a copy of the Subcontract Agreement.

501 SUBSTITUTING OR TERMINATING SBE SUBCONTRACTORS: Pursuant to 49 Code of Federal Regulations (CFR) Part 26, Metro SBE Program and the California Public Contract Code Section 4100, no contractor at any tier may terminate a SBE subcontractor for convenience and then perform that work with its own workforce or that of its affiliate. The contractor shall provide written request to DEOD to substitute a SBE subcontractor.

A. Metro shall only authorize the substitution of a subcontractor for one or more of the following reasons: 1. The listed SBE, after having had a reasonable opportunity, fails or refuses to execute a written contract. 2. The listed SBE becomes bankrupt or has credit unworthiness. 3. The listed SBE fails or refuses to perform his subcontract with normal industry standard. 4. The listed SBE subcontractor, after having had a reasonable opportunity, fails or refuses to meet the contractor’s non-discriminatory bond requirements. 5. The prime contractor demonstrates to Metro, pursuant to Public Contract Code, Section 4107.5, that the name of the subcontractor was listed as the result of an inadvertent clerical error. 6. The listed subcontractor is not licensed pursuant to the Contractors License Law. 7. It was determined that the work performed by the listed subcontractor is substantially unsatisfactory and is not in accordance with the plans and specifications, or that the subcontractor is substantially delaying or disrupting the progress of the work 8. The SBE is ineligible to work because of suspension and debarment. 9. It has been determined that the SBE is not a responsible contractor. 10. The SBE voluntarily withdraws, with written notification, from the contract. 11. The SBE is ineligible to receive credit for the type of work required. 12. The SBE owner dies or becomes disabled resulting in the inability to perform the work on the contract. 13. Other documented compelling reasons.

B. DEOD shall send written notice to the listed SBE subcontractor of the Contractor’s request for substitution, including the reasons for the request. The SBE subcontractor shall have five (5) working days to submit written objections to the substitution to DEOD. Failure to respond to a written objection may constitute the listed SBE subcontractor’s consent for substitution.

Contractor(s) shall replace a SBE subcontractor with another SBE firm, after following dispute resolution procedures, pursuant to the provisions of the California Public Contracts Code.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-156 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 C. If written objections are filed by a SBE subcontractor, Metro shall give written notification within at least five (5) working days, to the prime contractor and the listed subcontractor of an informal mediation regarding the request for substitution.

D. If no written objections are filed by the SBE subcontractor, the prime’s request to substitute shall be approved. A new SBE listing shall include the commitment amount and the type of work covered by each Subcontractor. All substitutions and additions are subject to Metro’s approval.

E. If substitution with another SBE firm is not viable, the Contractor shall submit a written request for a substitution with a non-SBE. This request must include documentation of good faith efforts demonstrating the contractor’s attempt to substitute the SBE firm with another SBE firm for Metro’s review and approval.

The Contractor shall obtain the written consent prior to making any substitutions. If adding SBE firms for credit toward the goal, verification of certification is required prior to receiving credit toward the contract specific goal. SBEs must be certified at the time of the substitution or addition.

Failure to comply with this or any other SBE requirement may result in assessment of appropriate administrative sanctions.

SECTION 600 - GOAL ATTAINMENT DURING LIFE OF CONTRACT

A. The Contractor shall not make any falsification of subcontractor information, up to and including Subcontractor's name, subcontract amount and/or actual work to be performed by SBE firms.

B. The Contractor shall utilize SBEs according to the participation levels committed to at the time of contract award, and demonstrate an adequate and positive good faith effort to do so throughout the life of the contract.

C. The dollar amount of change orders, contract modifications, or provisions sums for design, construction, operations and maintenance, that increases or decreases the scope of work committed to SBEs, shall be commensurately added to or subtracted from the total contract amount used to compute actual dollars paid to SBEs regardless of who performed the work.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-157 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 F. The Contractor shall submit the final SBE report within 14 calendar days of final payment, retention, and acceptance of the contract work by the Metro as prescribed in Section 3.6.

H. When a SBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward SBE goals only if the SBE’s subcontractor is itself a SBE. Work that a SBE subcontracts to a non-SBE firm does not count toward SBE goals.

I. When a SBE performs in a joint venture, only the percentage of the SBE joint venture is eligible for credit. Work must be performed by the SBEs own work forces.

SECTION 700 – SANCTIONS FOR SBE PROGRAM VIOLATIONS

A. Failure to Comply

1. Failure to adhere to any of the SBE or DBE Program requirements shall constitute a breach of contract and may result in Metro terminating the contract for default and/or imposition of appropriate sanctions as outlined in this section.

B. Remedies for Breach of SBE Requirements

Contractor(s) found in violation of Metro’s SBE or DBE program requirements, during the performance of the contract, shall be required to "correct" its deficiency or be subject to the Administrative Sanctions listed in this Section. Being subject to appropriate administrative remedies or sanctions does not preclude Metro from invoking other contract and/or legal remedies available under federal, state or local law

C. Appropriate Administrative Remedies

Appropriate administrative remedies will be imposed on Contractors deemed non-compliant to the SBE Program requirements. Contractors’ failure to provide documentation of good faith efforts, as requested, will also be subject to appropriate administrative remedies. Contractor notifications shall be made by certified mail.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-158 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 The appropriate administrative remedies shall include, but is not limited to the following:

1. Mandatory SBE Training Session(s) for Contractor(s) found in violation of SBE program requirements (SBE Training will be coordinated by DEOD, and all associated expenses, including, but not limited to, travel, lodging, meals and etc., will be the responsibility of the Contractor.)

2. Penalties as described in the, “Assessment for SBE Non-Compliance,” (referenced in Sub-Section D)

3. Suspension of payment(s) to the Contractor

4. Termination of the Contract for default.

5. Debarment (49 CFR 107).

D. Assessment for SBE Non-Compliance

If the Contractor fails to comply with the SBE Program requirements, contract payments shall be reduced by one or more of the following methods:

1. A penalty of five thousand dollars ($5,000) per day, from the date the Contractor is determined to be in non-compliance with the SBE Program requirements until compliance is determined.

2. Penalties of ten percent (10%) of the total contract value, including any approved change orders, for failure to meet SBE commitments or to demonstrate good faith efforts.

3. Penalties may be deducted from payments due the Contractor, from any funds retained.

SECTION 800 - SMALL BUSINESS ENTERPRISE CERTIFICATION

800 CERTIFICATION REQUIREMENTS: A firm only holding a current certification as an eligible Metro SBE may participate in the Metro SBE Program. Firms listed by Bidders to meet an established SBE subcontracting goal must be certified by bid due date. Metro has a responsibility to ensure that eligible SBE firms participate in Metro contracting. If not, that firm’s participation may not be counted as SBE participation in the contract. Bidders shall ensure SBE firms are certified in the North American Industry Classification System (NAICS) codes for the work in which the SBE firm is listed to perform and for which the Bidder seeks SBE credit towards its SBE commitment. Certifications as a Metro SBE firm, means the firm met the SBE certification requirements and eligibility standards described in Metro’s SBE Program.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-159 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 801 SBE CERTIFICATION STANDARDS: Metro follows the standards and procedures defined by Metro SBE Program Subpart E to determine whether an applicant is eligible for SBE certification. These standards and procedures are described in detail in the Certification Instructions, provided with the Application for Certification. Interested individuals or companies will start the process by obtaining a copy of the SBE Application and SBE Certification Instructions.

END OF SECTION

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-160 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 APPENDIX A – DIVERSITY AND ECONOMIC OPPORTUNITY MANUAL DEFINITIONS

Change Order (CO): A written order by Metro’s Contracting Officer directing Changed Work.

Commercially Useful Function: Work performed by a SBE firm in a particular transaction that in light of industry practices and other relevant considerations, has a necessary and useful role and the firm's role is not a superfluous step added in an attempt to obtain credit toward goals. If, in Metro's judgment, the firm (even though an eligible SBE) does not perform a commercially useful function in the transaction, no credit toward the goal may be awarded.

Contracting Opportunity: Any decision by Metro or its contractors to institute a procurement action to obtain a product or service commercially (as opposed to intergovernmental actions).

Department: Functional unit of Metro, responsible for management and administration of specific projects included within the capital and operating budget.

Small Business Enterprise (SBE): A SBE firm is, generally, one that has demonstrated to Metro, by a preponderance of the evidence, that it meets the requirements of Metro's Small Business Enterprise Program, Subpart E, Certification Standards and Procedures, concerning Business Size, Owners Economic Disadvantage(Personal Net Worth), Quality of Ownership and Ownership Discretion and Control. It is a firm that:

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-161 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 (4) Is an independent business whose management and daily business operations are controlled by one or more of the economically disadvantaged individuals who own it;

(5) Is a for profit business.

DOT Assisted Contract: Any contract or modification of a contract between Metro and a contractor which is paid for in whole or in part with DOT financial assistance.

FTA: Federal Transit Administration, an agency of the U.S. Department of Transportation.

Metro: The Los Angeles County Metropolitan Transportation Authority

Manufacturer: Means a business that operates, or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor.

Non-Compliance: The condition existing when a contractor has failed to implement or meet the requirements of 49 CFR 26, as amended or Metro policy or procedure pertaining to SBE participation.

Pre-Bid/Pre-Proposal Conference: A meeting held by Metro prior to the bid/proposal closing date of a particular project, at which prospective bidders/proposers are advised of Metro specification requirements which include SBE provisions.

Secretary: The Secretary of U.S. Department of Transportation or any person whom he/she has designated to act for him/her.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-162 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 Labor Compliance Section: The staff that oversees and monitors labor standards activities for applicability to the State of California Labor Code and, where applicable, Title 8 of the California code of Regulations.

State: State of California.

Statement of Compliance: The statement on the back of Payroll Form WH 347, whereby the Contractor declares how the fringes are paid whether by cash or through a bona fide fringe program.

Subcontract: Any contract, including contracts of any tier, to furnish Work, Goods or Equipment between the Contractor and/or any Subcontractor or Supplier.

U.S. Department of Transportation Regulation (49 CFR Part 26 as amended): Federal rules and regulations published in the Federal Register dated February 2, 1999; as amended by the Department of Transportation, Office of the Secretary; entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," and codified at Title 49, Code of Federal Regulations, Part 26.

Wages: The basic hourly rate of pay, any contribution made pursuant to, or cost anticipated to provide, a bona fide fringe benefit plan, fund or program.

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-163 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 APPENDIX B - DIVERSITY AND ECONOMIC OPPORTUNITY MANUAL (NON-FEDERAL) SUBMITTAL FORMS

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-164 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 Request To Add SBE or Non-SBE Subcontractor

Project Name: ______Contract No. ______

Prime Contractor: ______

Description of Work (Specify Subcontractor’s Portion of Work):

NAICS Codes/ Description: Code(s) Description: Applicable Yes No Yes No Yes No Yes No Yes No

Name of Proposed Firm: ______

Address______City______State______Zip______

Email ______Telephone ______

Contact Person ______Title ______

Public Work Contractor Registration # ______Copy of Public Works Registration Attached Copy of Certification Regarding Debarment, Suspension and Other Responsibility Matters Attached

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-165 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 Subcontractor Counting and Calculating SBE Credit:

As Subcontractor As Joint Venture As Supplier (60% for SBE Credit) Trucking (Owner Operator) As Broker (SBE credit for fees/commissions only)

Subcontract Amount $ ______Amount Claimed as SBE Commitment: $ ______Contract Type (for proposed subcontractor):

Time & Material (Not to Exceed) Contract Term: ______through ______Lump Sum / Firm Fixed Price

Non-Competitive: Sole Source Award Other ______

Justification for selection: ______

______

Subcontractor SBE Bid or Proposal Amount Yes No Yes No Yes No

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-166 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 Prime Contractor:______Contract No. ______

Proposed Subcontractor: ______

Name & Title of Certifying Official: ______

Signature: ______

Date: ______

FOR METRO APPOVAL

Selected Subcontractor: ______

This section to be completed by Additional Comment(s): Vendor Contract Management only

Contractor Debarment Yes No Pre-Qualified Yes No Organizational Conflict Yes No

Consent for Adding ______Yes No Name / Title Date

Approved for Adding Yes No

METRO GA18-54 SBE CONTRACT COMPL MANUAL (SET-ASIDE) RFIQ NO. PS54330 2-167 PRO FORM 088B ISSUED: 06.06.18 REVISION DATE: 12.30.16 DIVERSITY & ECONOMIC OPPORTUNITY DEPARTMENT CONTRACT COMPLIANCE MANUAL (RC – FTA)

SECTION 100 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

100 FEDERAL OBLIGATION:

This contract is subject to the requirements of 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.

101 POLICY STATEMENT:

It is LACMTA’s policy to provide equal opportunity for Disadvantaged Business Enterprises (DBE) firm, as defined in Part 26, receive and participate on DOT-assisted contracts. It is also our policy:

 To ensure nondiscrimination in the award and administration of DOT-assisted contracts;  To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;  To ensure that LACMTA’s DBE program is narrowly tailored in accordance with applicable law;  To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs;  To help remove barriers to the participation of DBEs in DOT-assisted contracts; and  To assist the development of firms that can compete successfully in the market place outside the DBE program.

102 INTERPRETATION:

Any conflict, error, omission or ambiguity which may arise between these instructions and the federal regulations or the above mentioned DBE Program shall be resolved first in favor of the federal regulation and second the DBE program.

103 INCORPORATION OF THE DBE PROGRAM INTO THE CONTRACT:

49 CFR Part 26 and the DOT approved DBE Program adopted by the Authority are hereby incorporated by reference into this contract as though set forth in full. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a material breach of this contract. The Contractor and all project subcontractors are subject to the requirements of the DBE Program and to all requirements of the DOT DBE program found at 49 CFR Part 26. LACMTA will investigate any allegation of the Contractor, subcontractor or any other participating business failing to carry out the requirements of this DBE Program. Should this investigation find merit in the allegations, LACMTA may pursue legal and/or contractual remedies and/or impose sanctions as provided for in 49 CFR Part 26. In appropriate cases, LACMTA may also refer the matter to proper Federal authorities for enforcement

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-168 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

The Contract Compliance Manual is a component of this contract. It describes the DBE Program requirements applicable to this contract. The provisions and enforcement mechanisms set forth in the Contract Compliance Manual are in addition to all other provisions and enforcement mechanisms available to LACMTA set forth elsewhere in this contract. The Contractor’s compliance with the DBE Program requirements will be monitored by LACMTA throughout the life of the contract.

104 GENERAL CONDITIONS AND SPECIAL PROVISIONS:

The General Conditions and Special Provisions of the subject Contract are incorporated by reference.

105 LACMTA ASSURANCE:

In accordance with 49 CFR Part 26, it is the policy of LACMTA to ensure that no person is excluded from participation, denied benefits, or otherwise discriminated against in connection with the award and performance of a contract on the basis of race, color, sex, religion or national origin. LACMTA will not directly or indirectly, through contractual or other arrangements, use criteria or methods of administration, that defeat or substantially impair the objectives of the DBE Program on the basis of an individual’s race, color, sex, religion or national origin.

106 MISREPRESENTATION:

Suspension or debarment proceedings may be initiated against any firm that:

Attempts to participate in a DOT-assisted program as a DBE and does not meet the eligibility criteria stated in the Certification Standards for DBE programs; or on the basis of false, fraudulent or deceitful statements; or under circumstances indicating a serious lack of business integrity or honesty.

Attempts to use false, fraudulent or deceitful statements or representations in order to meet its DBE administrative requirements; or uses another firm that does not meet the DBE eligibility criteria stated in the certification standards.

DOT may take action itself through its Fraud and Civil Remedies Program or refer the matter to the Department of Justice for prosecution under appropriate criminal statutes.

107 AUDIT AND INSPECTION:

The Contractor shall maintain records of all DBE subcontractors and suppliers including names, business addresses, and the total dollar amounts actually paid through the term of the contract for five years after contract completion. LACMTA reserves the right to audit records and inspect the facilities of its contractors or any subcontractor (at any tier) for the purpose of verifying the DBE participation and/or adherence to the DBE program requirements. Contractors and subcontractors shall permit access to their records at the

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-169 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 request of LACMTA. Notice is hereby given that state, local, and federal authorities may initiate or cooperate with LACMTA in auditing and inspecting such records.

SECTION 200 - DBE PARTICIPATION

200 OVERALL DBE GOAL:

To comply with 49 CFR Part 26, LACMTA has set an overall goal for DBE participation on its federally assisted contracts. The overall goal applies to federal-aid funds LACMTA expects to expend for the fiscal year. LACMTA will strive to meet its overall goal through race conscious and race neutral measures.

LACMTA supports the use of race conscious and race neutral measures to facilitate participation of DBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own workforce. To ascertain whether the overall DBE goal is being achieved, LACMTA will track payments made to all DBE firms performing work eligible for credit.

201 DBE MEASURES:

A. Race Conscious (RC) DBE Measures for FTA funded contracts - RC DBE contract goal(s) applies to all federal DBE groups, which includes: African Americans, Asian Pacific Americans, Native Americans, Hispanic Americans, Subcontinent Asian Americans, and Women (including Caucasian Women).

B. DBE Measures for FHWA funded contracts - Includes setting DBE contract goals for the participation of DBE groups found in the California Department of Transportation (Caltrans) DBE Program, as amended.

202 RACE NEUTRAL (RN) DBE MEASURES:

The DBE group(s) that have not been found in LACMTA’s Disparity Study to have significant statistical disparity in LACMTA contracting and cannot be counted toward the RC DBE contract goal, but will be counted as RN DBE participation in accordance with 49 CFR Part 26.

Participation by all DBE groups will be tracked and reported to meet LACMTA’s overall DBE goal.

203 DBE COMMITMENT:

The level of DBE participation, which the Contractor commits to at the time of contract award, is the commitment of record and is included in the Special Provision section of the contract. DBE participation will be monitored and enforced though the life of the contract.

204 COMMERCIALLY USEFUL FUNCTION (CUF):

A commercially useful function is performed when the business is responsible for the execution of the work of the contract and is carrying out its responsibilities by actually

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-170 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 performing, managing and supervising the work involved. To perform a commercially useful function, the company must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, installing (where applicable) the material and paying for the material itself. To determine whether a company is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount of the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work and other relevant factors.

A DBE prime or subcontractor must perform at least 30% of its listed work with its own workforce or on the basis of normal industry practice, may not subcontract a greater portion of the work than would be expected. On-site CUF Reviews will determine whether the DBE is actively performing, managing, and supervising the contracted scope of work. It shall employ a labor force which is separate and apart from that employed by the prime, and which is independently recruited by the DBE in accordance with standard industry practice.

205 VIOLATION OF COMMERCIAL USEFUL FUNCTION:

If an investigation reveals that there has been a violation of the CUF provisions, that portion of the work found to be in violation will not be credited toward the DBE commitment for the contract. Expenditures to a DBE subcontractor or supplier will count toward DBE commitment only if the DBE subcontractor or supplier performs a commercial useful function.

If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, LACMTA must presume that the DBE firm is not engaged in performing a commercially useful function. The presumption that arises can be rebutted within 15 days. LACMTA’s decisions on CUF matters are administratively final and may not be appealed to DOT.

206 DBE’S WORK FORCE:

The DBE shall solicit, hire, place on its payroll, direct, and control all workers performing work under its contract. The DBE owner or its superintendent shall, on a full-time basis, supervise and control the work of the contract. The DBE may with the prior written consent of LACMTA augment its work force with personnel of another firm. LACMTA shall approve the request in writing only when specialized skills are required and the use of such personnel is for a limited time period.

The DBE’s utilization of labor, supervisory personnel, equipment and material in the performance of the subcontract must be consistent with industry standards and demonstrate that the DBE (and not some other business entity) is actually performing the contracted scope of work. A DBE does not perform a CUF when it associates too closely with another business entity’s work force, including the use of equipment or materials.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-171 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 207 COUNTING DBE PARTICIPATION:

LACMTA is only able to count toward the achievement of the Contractor’s commitment percentage(s) the value of payments made for CUF work actually performed by DBE firms during the performance of the Contract. There will be no credit for DBE work performed by a non-DBE prime or subcontractor. LACMTA and the Contractor are governed by the provisions of 49 CFR Part 26.55(c) on questions of commercially useful functions as it affects the work. Specific counting guidelines are provided in 49 CFR Part 26.55, the provisions of which govern over the summary contained herein.

A. DBE as the Prime Contractor: 100% DBE credit for that portion of the work performed by the DBE’s own forces, including the cost of materials and supplies and materials, for a construction contract, obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliates). When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE’s subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE contract goal(s).

B. DBE as a Joint Venture Contractor: 100% credit for that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work performed by the DBE’s own forces.

C. DBE as a Subcontractor: 100% credit for the work of the subcontract performed by the DBE’s own forces, including the cost of materials and supplies, excluding the purchase of materials and supplies or the lease of equipment by the DBE subcontractor from the prime contractor or its affiliates. Work that a DBE subcontractor in turn subcontracts to a non-DBE firm does not count toward the contract goal.

D. DBE as a Material Supplier or Broker:

1. 60% credit for the cost of the materials or supplies purchased from a DBE regular dealer.

2. 100% credit for the cost of materials or supplies obtained from a DBE manufacturer.

3. 100% credit for the value of reasonable fees and commissions for the procurement of materials and supplies if not a regular dealer or manufacturer.

E. DBE as a Trucker: 100% credit for trucking participation provided the DBE is responsible for the management and supervision of the entire trucking operation for which it is responsible. At least one truck owned, operated, licensed and insured by the DBE must be used on the contract. Credit will be given for the full value of all such DBE trucks operated using DBE employed drivers. DBE credit will be limited to the value of the reasonable fee or commission received by the DBE if trucks are leased from a non-DBE company. LACMTA uses the following

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-172 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 six (6) factors in determining whether to count expenditures to a DBE trucking firm, to determine if it is performing a commercially useful function:

2. The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the contract.

3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.

4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases the trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract.

5. The DBE may also lease trucks from a non-DBE, including an owner-operator. The DBE who leases trucks from a non-DBE will be credited only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE.

6. For the purposes of determining whether a DBE trucking company is performing a commercially useful function, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

208 CHANGES IN WORK LISTED TO DBE FIRMS:

If LACMTA or the Contractor proposes changes for work contracted to a DBE firm(s), the Contractor is required to notify the DBE firm in writing within ten (10) working days prior to execution of the proposed change, reduction, or deletion of any work listed at time of contract award or after contract award. The dollar amount of changes or any other contract modification, change order, or provisions sums that increase or decrease the work listed to a DBE firm(s) will be commensurately added to or subcontracted from the total contract amount used to compute actual dollars paid to DBEs. Failure to comply with Section 207 will be cause for non-compliance and assessment of administrative sanctions.

SECTION 300 - ADMINISTRATIVE REQUIREMENTS

300 DBE STANDARDS:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-173 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 The Contractor shall ensure that DBEs it has committed to in its bid/proposal have a level playing field to successfully perform their contract responsibilities and further commits to meet the DBE Goal of Record for the contract. These efforts should include but are not limited to the following:

A. Negotiate in good faith to attempt to finalize subcontract and supply agreements with DBEs listed in its bid/proposal.

B. Continue to provide assistance to DBE subcontractors or DBE suppliers in obtaining bonding, lines of credit, or other capital financing through referral to the DOT Bond Assistance Program (800) 532-1169.

C. Issue the DBE(s) a written notice of any potential problem and provide a reasonable time frame for the DBE to remedy the problem. The Contractor shall, concurrently with the issuance of the notice to the DBE, send a copy of the notice by First Class mail, postage prepaid, to the Diversity & Economic Opportunity Department (DEOD). In instances where the DBE fails to remedy the problems identified in the notice, the Contractor shall within sixty (60) days of the first written notice to the DBE firm, take the steps outlined in Section 5.0 RESOLUTION OF DISPUTES BETWEEN CONTRACTOR AND (DBE) SUBCONTRACTORS, prior to formally requesting approval from the Authority to substitute a DBE. Failure to comply with this section will be cause for non-compliance and assessment of administrative sanctions.

301 DBE CERTIFICATION STATUS:

If a subcontractor becomes a certified DBE during the life of the contract, the Contractor shall notify DEOD in writing with the date of certification to be counted toward the Contractor’s DBE commitment subject to compliance with the substitution and addition requirements, if applicable. The Prime and DBE firm shall notify LACMTA of any change to its certification status. If a DBE firm’s ineligibility is removed, the Prime and DBE firms shall notify LACMTA. The counting of DBE firm participation if deemed ineligible will be determined based on 49CFR26.87.

302 DBE DECERTIFICATION:

Contracts executed prior to the decertification of the DBE shall remain undisturbed. Neither the prime contract nor the subcontract shall be subject to cancellation because of the decertification, provided there is no culpability on the part of either the prime contractor or the subcontractor that led to the decertification. The prime contractor for whom the decertified DBE is working receives credit toward the project goal provided the prime contractor acted in good faith in relying on LACMTA’s certification of the firm. However, if the decertified DBE were also found not to have performed a commercially useful function, no credit is to be made to the project goal or LACMTA’s overall goal. The contractor shall promptly replace decertified firms with DBE in accordance with guidelines herein.

SECTION 400 - CONTRACT COMPLIANCE MONITORING

400 REVIEW AND MONITORING SYSTEM:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-174 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 This section describes the review and monitoring system to ensure that all contractors, subcontractors, consultants, vendors, suppliers, dealers, brokers and other sources, and all LACMTA departments comply with the DBE requirements and all other contract provisions related to DBE participation.

Non-compliance by the Contractor with the DBE contract requirements or federal regulations constitutes a breach of contract, and requires, at a minimum, a written explanation and documented description of the contractor’s good faith efforts (GFE). Failure to comply may result in: (1) mandatory participation in a DBE Program Training Session, reviewing the performance, accountability, record keeping and reporting aspects of the DBE Program, and/or (2) termination of the contract, and/or (3) administrative sanctions, and/or (4) other appropriate remedies.

401 CREATE A LEVEL PLAYING FIELD OF OPPORTUNITY TO PARTICIPATE:

The Contractor shall ensure that DBEs have a level playing field to successfully perform the responsibilities of their contract in order to meet its DBE contract commitment. These efforts include, but are not limited to the following:

A. Negotiate in good faith to attempt to finalize subcontract and supply agreements with DBEs listed in its bid/proposal.

B. Continue to provide assistance to DBE Subcontractors or Suppliers in obtaining bonding, lines of credit, or other capital financing through referral to the DOT Bond Assistance Program (800) 532-1169.

C. Contractors who failed to meet the DBE goals established for the contract, but who were determined by LACMTA to have fulfilled the good faith effort requirements to meet the goal, shall make additional documented efforts to seek out and utilize additional first-tier DBE Subcontractors and Suppliers to increase DBE participation, during the life of the contract.

D. Contractor shall immediately inform DEOD of any problems anticipated or concerns in achieving the DBE commitment agreed upon at the time of award.

E. Issue the DBE(s) a written Cure Notice of any potential problem and provide a reasonable time frame for the DBE to cure the problem. The Contractor shall, concurrently with the issuance of the Cure Notice to the DBE, send a copy of the Cure Notice by First Class mail, postage prepaid, to the assigned Contract Compliance Officer, DEOD Contract Compliance Manager and to the Contract Administrator. In instances where the DBE fails to cure, the Contractor is then obligated to take the steps outlined in the section herein RESOLUTION OF DBE DISPUTES BETWEEN CONTRACTOR AND DBE SUBCONTRACTORS before formally requesting approval from LACMTA to substitute a DBE.

402 PRE-CONSTRUCTION (KICK-OFF) MEETING:

Both the Contractor and the Subcontractor(s) or a representative of each firm shall attend the kick-off meeting concerning DBE requirements and other matters, prior to or

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-175 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 immediately after Notice to Proceed is issued. The Contractor shall be responsible for informing the Subcontractors of all DBE requirements as specified by LACMTA herein.

403 CONTRACT COMPLIANCE SUBMITTALS – REPORTING DBE PARTICIPATION:

Contractor and all subcontractors shall report payment details to LACMTA using the web-based Small Business Programs Compliance Reporting System (SBCRS) by the 15th of each month. SBCRS allows Contractors to manage their own records, maintain accurate contract information, and report payment details online, and submit system generated report to LACMTA. SBCRS is mandatory for Contractors and subcontractors to use unless LACMTA instructs otherwise. LACMTA will provide the Contractor, subcontractors, suppliers, brokers, and truckers online training, login and password information, at no cost to the Contractor or its subcontractors, suppliers, and truckers. Contractor shall have fourteen (14) days from Notice to Proceed (NTP) to register and obtain login and password with the SBCRS. Subcontractors, at all tiers, shall register within thirty (30) days of the NTP.

After award, Contractor will receive instructions on how to set up their account and enter required Subcontractor data. Contractor must require each of its subcontractors to enter required payment information into SBCRS. Contractor shall submit all monthly reports, subcontractor agreements, and documents through the SBCRS to LACMTA review and approval. The Contractor is responsible for ensuring that all subcontractors, suppliers, brokers, and/or truckers (at all tiers) participate in the SBCRS based webinar trainings to comply with the verification of payments and other related reporting requirements through the software system Failure of Contractor or its subcontractors to enter required information on a timely basis may result in delay of payment by LACMTA and assessment of DBE non-compliance for reporting requirements as identified in Section 800 of this Manual.

1. CONTRACTOR MONTHLY DBE PROGRESS REPORT (Design/Build Only):

The Contractor shall submit timely and complete monthly progress report summarizing the overall status of commitments to DBE firms, attainments to DBE firms, and prompt payment/retainage counts to all firms (DBE and non-DBE firms) performing on this contract.

The monthly progress report shall be submitted to LACMTA by the 15th day following the reporting month. The monthly report shall provide, at a minimum, the following information:

A. General Contract Value Information: The following general contract value information must be provided:

1) Original Contract Amount 2) Running Total of Change Order Amount 3) Current Contract Amount 4) Amount Paid to Contractor during Month 5) Amount Paid to Contractor Inception to Date 6) DBE Contract Goal 7) Total Dollar Amount of DBE Commitment

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-176 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 8) DBE Commitment as Percentage of Current Contract Amount

B. Contractor/Subcontractor information: The following general information shall be prepared for the Contractor and each subcontractor (at every tier level): Name, address, phone, DBE status, contact person, contractor(s), name, date contract agreement signed, scope of work, anticipated first date of performance and anticipated last date of performance

C. SUPPLEMENTAL REPORTS (Design/Build Only): The Prime Contractor shall submit, each month (or other such time as the DEO, may choose), the below compliance reports. LACMTA has developed a series of forms that may be adopted by the Contractor to meet this requirement or the Contractor may develop its own report format and present to LACMTA for approval and use to meet the supplemental report requirements:

1) The Prime Contractor’s DBE Attainment and Commitment Report for the month listing its immediate subcontractors and the DBE Attainment and Commitment Tally Sheets from each subcontractor subcontracting at each tier listing their immediate subcontractors, to the Contract Compliance Officer, documenting DBE and Non-DBE participation expected for the month;

2) The Prime Contractor’s “Prompt Payment” Report listing its immediate subcontractors and the “Prompt Payment” activity from each subcontractor subcontracting at each tier listing their immediate subcontractors, to the Contract Compliance Officer, documenting the status of each subcontractor’s retainage account with the Prime Contractor engaged in subcontracting and their compliance with the return of the retainage regulations.

3) The Prime Contractor’s “Prompt Payment and Retainage” Report for the month (or such time period as the DEOD may choose), listing its immediate subcontractors and the prompt payment and retainage activity from each subcontractor (at any tier).

4) DBE Trucking Verification Report by the fifth (5th) day of each month, for the preceding month's trucking activity. The Contractor shall submit documentation showing the amount paid to DBE trucking companies listed to perform on the contract. This monthly documentation shall indicate the portion of revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the DEOD showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks.

5) The DBE who leases trucks from a non-DBE is to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation conforms with Section 207.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-177 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 used during that month for which DBE participation will be claimed. The Contractor shall promptly pay DBE trucking companies in accordance with the prompt payment provisions prescribed in herein.

D. For Contracts that Require a DBE Contracting Outreach and Mentoring Plan (COMP). The Contractor shall:

1) Comply with the DBE requirement in the Contract Compliance Manual (RC- FTA);

2) Annually, no later than 60 days before the anniversary date of the overall contract, the Contractor shall prepare and submit to LACMTA an updated DBE COMP that includes the next 2 calendar years of subcontracting activities, inclusive of the overall project DBE commitment forecast. At all times over the life of the Project, the DBE Plan shall cover a 2-year period; and

3) Submit a quarterly report on all mentor protégé arrangements; meet with Metro, mentor(s) and protégé(s) annually to report overall progress of the mentor protégé component of the DBE COMP.

2. MONTHLY EXPENDITURE PLAN (CONSTRUCTION PROJECTS ONLY):

A monthly expenditure plan in calendar form for each of its approved DBE Subcontractors/Suppliers shall be submitted 14 working days after the Contractor executes a contract or purchase order with LACMTA. The planned expenditures shall equal the dollars committed to each DBE Subcontractor/Supplier and shall be developed according to the approved project schedule.

The plan shall be updated to incorporate any schedule changes and executed Changed Notices and Work Authorization Change Notices affecting the DBE's work. The original plan must be approved and each revision must be approved by the, “Construction Manager's Resident Engineer,” prior to being submitted to the assigned Contract Compliance Officer and the Contract Administrator. Revised plans shall be submitted within 30 days from the incorporation of the change.

3. EXECUTED DBE SUBCONTRACT AGREEMENTS:

The Contractor shall submit copies of all executed DBE subcontract agreements and/or DBE purchase orders (PO) within 14 working days after the Notice to Proceed for all DBE firms listed in the Contractor’s bid/proposal and DBE COMP. For Contracts that require a DBE Contracting Outreach and Mentoring Plan (COMP), the Contractor shall also submit the executed mentor protégé agreements for the DBE firms identified for mentor protégé development no later than 14 days after Notice to Proceed. Failure to comply with this section will be cause for non-compliance and assessment of administrative sanctions, and may include, imposing a special assessment against the Contractor.

The DBE subcontract or PO should be sent to the attention of the assigned Contract Compliance Officer. The Contractor shall incorporate the DBE Program document

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-178 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 and this DBE Contract Compliance Manual into each PO and into each Subcontract issued under this DOT-assisted contract and each subcontractor, consultant, dealer, broker, vendor or other source shall agree to the terms and conditions. The Contractor shall immediately notify DEOD in writing, within the 14-day timeframe mentioned above, of any problems it may have in obtaining the subcontract agreements from listed DBE firms within the specified time. Failure to notify DEOD may deem the Contractor in non-compliance with this requirement.

The Contractor shall include the following language verbatim in each subcontract agreement the Contractor signs with a DBE subcontractor(s):

1. Contract Assurance: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor 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 recipient deems appropriate.

2. Enforcement: If a contractor or subcontractor fail or refuse to include the contract assurances verbatim in all DOT-assisted contracts, subcontracts and/or purchase orders agreements, MTA may impose penalties and administrative sanctions for non-compliance as contained in Section 800.

3. Prompt Payment: (Required in all DBE and non-DBE subcontract agreements)

a. Pursuant to 49 Code of Federal Regulations (CFR) Part 26 and the California Business and Professions Code Section 7108.5, the Contractor shall pay each subcontractor under this contract for satisfactory performance of its Work no later than to 7 days after receipt of each Progress Payment received from LACMTA. Any delay or postponement of payment from the above referenced time may occur only for good cause, and only upon prior written approval by LACMTA.

b. This clause applies to both DBE and non-DBE. For the purpose of this section, a subcontractor’s work is satisfactorily completed when the Contractor certifies to LACMTA that all the tasks called in the subcontract have been satisfactorily accomplished and that the

c. (The above language is to be used verbatim, pursuant to federal regulations.)

d. After an investigation, if it is determined that the contractor is in non- compliance with prompt payment provisions, the contractor will receive written details of this deficiency. If additional clarification is required, the contractor must respond to the request within five (5) working days.

4. PROMPT PAYMENT, RETAINAGE AND RETENTION:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-179 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 Contractor is referred to the General Terms and Conditions concerning Prompt Payment to Subcontractors and Prompt Payment of Withheld Funds to Subcontractors.

The Contractor shall incorporate the Prompt Payment Clause and Retention Clause, set forth above, in all subcontract, broker, dealer, vendor, supplier or PO or other source agreements issued to both DBE and Non-DBE firms. Contractor shall include a prompt payment and retention clause in all DBE and non-DBE subcontracts.

Enforcement: If LACMTA determines that the prime contractor has failed to (1) include prompt payment language verbatim, (2) promptly pay its subcontractors, or (3) promptly release Retainage, LACMTA shall give written notice to the Contractor and the Contractor’s Surety that, if the default is not remedied within a specified period of time (at least 5 days), the contract may be terminated. The Contract may be terminated for cause in accordance with the Contract Article TERMINATION FOR DEFAULT. LACMTA shall also impose penalties and sanctions for non-compliance with the DBE Program as referenced in Section 800 and other requirements of State law.

5. PROMPT PAYMENT OF RETENTION:

Contractor shall promptly release retention to Subcontractors (Required in all DBE and non-DBE subcontract agreements verbatim):

With respect to retention that LACMTA withholds from the Contractor, LACMTA shall make prompt and regular incremental inspection(s) and upon approval of the Contractor’s work at various stages of the Project, LACMTA shall pay a percentage of retention to the Contractor. The Contractor shall, within 7 days after LACMTA has made such payment, promptly pay all retention owed to Subcontractor(s) who has satisfactorily completed all of its work and whose work is covered by LACMTA inspection(s) and approval(s). For the purposes of this section, a subcontractor’s work is satisfactorily completed when the Contractor certifies to LACMTA that all the tasks called for in the subcontract have been satisfactorily accomplished and that subcontractor’s retention may now be paid. Any delay or postponement of prompt release of retention beyond the 7-day time limit shall be for good cause, and only upon prior written approval by LACMTA. (The above language is to be used verbatim, pursuant to federal regulations.)

6. FINAL REPORTING:

Contractor shall submit to LACMTA, along with invoice for final payment, a signed and notarized statement that the Contractor will pay all outstanding payments including retention 7 days after it receives final payment from LACMTA. Please see General Terms and Conditions concerning “Prompt Payment to Subcontractors and Prompt Payment of Withheld Funds to Subcontractors.” The Contractor shall submit the final Form 103 report within 14 calendar days of final payment.

7. FAILURE TO COMPLY:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-180 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 If it is determined that the contractor is non-compliant with prompt payment provisions, the contractor will receive written details of this deficiency. If additional clarification is required, the contractor must respond to the request within five (5) working days. Failure to comply may result in the assessment of appropriate administrative sanctions and/or penalties.

A. Assessment for DBE Non-Compliance: If the Contractor fails to comply with the DBE Program requirements, contract payments shall be reduced by one or more of the following methods:

a. A penalty of five thousand dollars ($5,000) per day, from the date the Contractor is determined to be in non-compliance with the DBE Program requirements until compliance is determined.

b. Penalties of ten percent (10%) of the total contract value, including any approved change orders, for failure to meet DBE commitments or to demonstrate good faith efforts.

c. Penalties may be deducted from payments due the Contractor, from any funds retained.

B. Dispute Resolution: The Contractor must include in its DBE Subcontract Agreement(s) the Dispute Resolution provisions in Section 5.0 of the Contract Compliance Manual (Federal) for disputes arising out of or related to this contract between Contractor and any lower tier Subcontractors which cannot be settled by discussions between the parties involved. The Contractor and Subcontractor, in the event of a dispute to their contract, agree to proceed through informal meetings, mediation, or arbitration, or any combination thereof.

C. Equal Employment Opportunity (EEO) Policy Statement:

a. Contractor shall submit a copy of its EEO Policy Statement. Each construction contractor is covered under Executive Order 11246, as amended if the contract amount exceeds $10,000 and must submit a copy of its Equal Employment Opportunity (EEO) Policy. The EEO policy must also be included in the Contractor’s subcontracts. The policy shall state that the contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices covering all provisions of this nondiscrimination clause.

b. The construction contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-181 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

SECTION 500 - RESOLUTION OF DISPUTES BETWEEN LACMTA CONTRACTOR AND SUBCONTRACTORS

500 INFORMAL MEETINGS

Disputes between the Contractor and any lower tier DBE subcontractors, which cannot be settled by discussions between the parties involved, shall be settled as described herein. Contractor shall notify LACMTA of such dispute within ten 10 days of failure to resolve through written cure notice process described above.

These provisions shall not apply to disputes between the Contractor and LACMTA. These provisions do not alter in any way or waive compliance with any provisions in Section GC36 “Submittal of Claims” included in the Contract Documents.

501 INFORMAL MEETINGS

The Diversity and Economic Opportunity Department will coordinate informal meeting requests, to assist in the resolution of disputes between Contractor and subcontractor. The assigned Diversity and Economic Opportunity Representative will conduct the informal meetings with parties in dispute. All parties must agree to the procedure.

502 MEDIATION

The parties to a contract may agree to endeavor to settle a dispute through informal mediation under independent third party organizations. LACMTA’s Diversity and Economic Opportunity Department is considered an independent third party. Submission to informal mediation is voluntary; is not binding and offers advisory opinions.

503 ARBITRATION

Should the parties fail to resolve any DBE related dispute arising out of or related to the contract via informal meetings or mediation, the parties are contractually obligated to submit the claims for arbitration within 120 days from date LACMTA is notified of dispute. Arbitration conducted pursuant to the contract shall be binding upon all parties to the arbitration. All arbitration is to be conducted in a manner consistent with section 1020 et seq. of the Public Contract Code and Section 1296 of Code of Civil Procedure.

Available mediation and arbitration services include:

The American Arbitration Association (213) 383-6516 Dispute Resolution Center (818) 793-7174

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-182 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 The Contractor shall incorporate this Section into each DBE subcontract related to work arising under this contract and shall not incorporate by reference.

Only when resolution of DBE disputes attempted through informal meetings, mediation, and/or arbitration has failed may the Contractor formally request substitution of a DBE subcontractor.

504 TIMELINESS

Should the parties proceed to arbitration, moneys due, if any, shall be placed in a trust account. Such funds shall be released to the appropriate party within five (5) working days of a determination being issued by the arbitrator.

NOTE: Arbitration findings are binding upon the parties. However, the findings do not in any way relieve the contractor of its obligation to meet the DBE goals.

SECTION 600 - ADDING OR SUBSTITUTING OR TERMINATING A DBE

Contractors shall obtain written approval from DEOD prior to adding, substituting, or terminating DBE subcontractors.

600 ADDING DBE SUBCONTRACTORS

If contractors determine that there are additional opportunities for DBEs not originally listed, they may exercise good faith efforts by requesting to add DBE firm(s) to their contract. LACMTA shall authorize the addition of DBE subcontractor(s) for credit toward the contract commitment upon verification of certification. Prior to adding DBE subcontractors, written requests must be submitted to DEOD and Contract Administration for approval. This request must include scope of work, dollar amount, period of performance, and a DBE certification letter.

A. Scope of work to be performed by the added firm(s) and applicable North American Industry Classification System (NAICS) code(s); B. Written justification for adding additional firm(s) to contract team; C. Provide subcontract agreement for added firm(s) with dollar amount of scope of work, period of performance, and required flow down provisions; D. Provide certified letter evidencing certification status of firm(s) to be added; E. Documentation of prime contractor outreach efforts and selection process undertaken for the scope of work to be performed by the proposed added firm(s); F. Identify if the added firm(s) replacing another originally listed certified firm or is a result of reducing scope of work originally listed. (The prime contractor shall comply with substitution requirements when making changes to originally scope committed to another certified firm).

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-183 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 Enforcement: Failure by the contractor to comply with the “request to add requirements,” shall constitute a material breach of the contract and may result in termination of contract or imposition of administrative sanctions for non-compliance.

After formal approval by LACMTA, the contractor may add the subcontractor to the Form 103 and must provide a copy of the Subcontract Agreement.

601 SUBSTITUTING OR TERMINATING DBE SUBCONTRACTORS

Pursuant to 49 Code of Federal Regulations (CFR) Part 26 and the California Public Contract Code Section 4100, no contractor at any tier may terminate a DBE subcontractor for convenience and then perform that work with its own workforce or that of its affiliate. The contractor shall provide written request to DEOD to substitute a DBE subcontractor.

A. LACMTA shall only authorize the substitution of a subcontractor for one or more of the following reasons:

1. The listed DBE, after having had a reasonable opportunity, fails or refuses to execute a written contract. 2. The listed DBE becomes bankrupt or has credit unworthiness. 3. The listed DBE fails or refuses to perform his subcontract with normal industry standard. 4. The listed DBE subcontractor, after having had a reasonable opportunity, fails or refuses to meet the contractor’s non-discriminatory bond requirements. 5. The prime contractor demonstrates to LACMTA, pursuant to Public Contract Code, Section 4107.5, that the name of the subcontractor was listed as the result of an inadvertent clerical error. 6. The listed subcontractor is not licensed pursuant to the Contractor’s License Law. 7. It was determined that the work performed by the listed subcontractor is substantially unsatisfactory and is not in accordance with the plans and specifications, or that the subcontractor is substantially delaying or disrupting the progress of the work 8. The DBE is ineligible to work because of suspension and debarment. 9. It has been determined that the DBE is not a responsible contractor. 10. The DBE voluntarily withdraws, with written notification, from the contract. 11. The DBE is ineligible to receive credit for the type of work required. 12. The DBE owner dies or becomes disabled resulting in the inability to perform the work on the contract. 13. Other documented compelling reasons.

B. DEOD shall send written notice to the listed DBE subcontractor of the Contractor’s request for substitution, including the reasons for the request. The DBE subcontractor shall have five (5) working days to submit written objections to the substitution to DEOD. Failure to respond to a written objection may constitute the listed DBE subcontractor’s consent for substitution.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-184 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 C. If written objections are filed by a DBE subcontractor, LACMTA shall give written notification within at least five (5) working days, to the prime contractor and the listed subcontractor of an informal mediation regarding the request for substitution.

D. Contractor(s) shall replace a DBE subcontractor with another DBE firm, after following dispute resolution procedures, pursuant to the provisions of the California Public Contracts Code.

E. If no written objections are filed by the DBE subcontractor, the prime’s request to substitute shall be approved. A new DBE listing shall include the commitment amount and the type of work covered by each Subcontractor. All substitutions and additions are subject to LACMTA’s approval.

F. If substitution with another DBE firm is not viable, the Contractor shall submit a written request for a substitution with a non-DBE. This request must include documentation of good faith efforts demonstrating the contractor’s attempt to substitute the DBE firm with another DBE firm for LACMTA’s review and approval.

The Contractor shall obtain the written consent prior to making any substitutions. If adding DBE firms for credit toward the goal, verification of certification is required prior to receiving credit toward the contract specific goal. DBEs must be certified at the time of the substitution or addition.

Failure to comply with this or any other DBE requirement may result in assessment of appropriate administrative sanctions.

SECTION 700 - GOAL ATTAINMENT DURING LIFE OF CONTRACT

A. The Contractor shall not make any falsification of a Subcontract as to Subcontractor's name, Subcontract amount and/or actual work to be performed by DBE firms.

B. The Contractor shall utilize DBEs according to the participation levels committed to at the time of contract award, and demonstrate an adequate and positive good faith effort to do so throughout the life of the contract.

C. The dollar amount of Change Orders, contract modifications, or provisions sums for design, construction, O&M that increase or decrease the scope of work committed to DBEs shall be commensurately added to or subtracted from the total contract amount used to compute actual dollars paid to DBEs regardless of who performed the work.

D. All contract amounts revised as a consequence of a Change Order, contract modification or provisional sums shall be reflected in the Contractor's monthly referenced herein in Diversity and Economic Opportunity Submittals, herein.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-185 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 F. The Contractor shall submit the final DBE report within fourteen (14) calendar days of final payment, retention and acceptance of the contract work by the LACMTA as prescribed in Section 3.6.

H. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE’s subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.

I. When a DBE performs in a joint venture, only the percentage of the DBE joint venture is eligible for credit. Work must be performed by the DBEs own work forces.

J. Failure to adhere to any of the requirements of this Section shall constitute a breach of contract and may result in the LACMTA’s terminating the contract for default and/or imposing appropriate sanctions as outlined in the section Remedies for Breach of DBE Requirements.

SECTION 800 - SANCTIONS FOR VIOLATIONS

A. Failure to Comply

1. Failure to adhere to any of the DBE Program requirements shall constitute a breach of contract and may result in LACMTA terminating the contract for default and/or imposition of appropriate sanctions as outlined in this section.

2. Staff shall review the contractor's monthly progress reports to determine whether the utilization of DBE firms is consistent with the contractor’s commitment at the time of contract award.

3. Failure to utilize a DBE as listed toward the goal is a breach of contract and may result in the imposition of administrative sanction.

4. If it is determined that the Contractor's DBE utilization is not consistent with the commitment, the contractor shall be required to submit written evidence of its good faith efforts (GFE) within ten (10) working days. For failure to respond, the contractor will be deemed non-compliant and subject to administrative sanctions.

5. If it is determined that the contractor’s good faith efforts documentation is acceptable, the contractor shall be deemed to be in compliance with the requirements of the DBE program.

6. If it is determined that the contractor’s good faith efforts documentation is not acceptable, the contractor will receive written details of any deficiencies. If additional clarification is required, the contractor must respond to the request within five (5) working

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-186 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 days. Failure to comply may result in the assessment of appropriate administrative sanctions and/or penalties.

7. If it is determined that the contractor is in non-compliance with prompt payment provisions, the contractor will receive written details of this deficiency. If additional clarification is required, the contractor must respond to the request within five (5) working days. Failure to comply may result in the assessment of appropriate administrative sanctions and/or penalties.

B. Remedies for Breach of DBE Requirements

Contractor(s) found in violation of LACMTA’s DBE program requirements, during the performance of the contract, shall be required to "correct" its deficiency or be subject to the Administrative Sanctions listed in this Section. Being subject to appropriate administrative remedies or sanctions does not preclude LACMTA from invoking other contract and/or legal remedies available under federal, state or local law

C. Appropriate Administrative Remedies

Appropriate administrative remedies will be imposed on Contractors deemed non-compliant to the DBE Program requirements. Contractors’ failure to provide documentation of good faith efforts, as requested, will also be subject to appropriate administrative remedies. Contractor notifications shall be made by certified mail.

The appropriate administrative remedies shall include, but is not limited to the following:

1. Mandatory DBE Training Session(s) for Contractor(s) found in violation of DBE program requirements (DBE Training will be coordinated by DEOD, and all associated expenses, including, but not limited to, travel, lodging, meals and etc., will be the responsibility of the Contractor.)

2. Penalties as described in the, “Assessment for DBE Non-Compliance,” (referenced in Sub-Section D)

3. Suspension of payment(s) to the Contractor LACMTA

4. Termination of the Contract for default.

5. Debarment (29 CFR 5.6).

D. Assessment for DBE Non-Compliance

If the Contractor fails to comply with the DBE Program requirements, contract payments shall be reduced by one or more of the following methods:

1. A penalty of five thousand dollars ($5,000) per day, from the date the Contractor is determined to be in non-compliance with the DBE Program requirements until compliance is determined.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-187 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 2. Penalties of ten percent (10%) of the total contract value, including any approved change orders, for failure to meet DBE commitments or to demonstrate good faith efforts.

3. Penalties may be deducted from payments due the Contractor, from any funds retained.

E. Appeal of Sanction Determination

The Contractor shall be given ten (10) working days from the date of the notice to file a written appeal with the Director of Diversity and Economic Opportunity or his/her designee. Failure to respond within the ten (10) day period shall constitute a waiver of the Contractor's right to appeal. If the Contractor files an appeal, the Director of Diversity and Economic Opportunity, or his/her designee, shall issue a written recommendation within ten (10) working days of receipt of the written appeal.

If, after review of the Contractor's appeal, the Director of Diversity and Economic Opportunity or his/her designee decides to uphold the decision to impose administrative sanctions on the Contractor, the written recommendation shall state the specific sanction(s) to be imposed and inform the Contractor of its right to a hearing on the merits.

F. Contractor’s Right to a Hearing

After receipt of the notice of administrative sanction, The Contractor shall be given ten (10) working days from the date of the written recommendation to file a written request for a hearing. Failure to respond within the ten (10) day period shall constitute a waiver of the Contractor's right to a hearing.

The Director of Diversity and Economic Opportunity Department, shall issue a written final determination within five (5) working days of the hearing. There shall be no right of appeal to the final decision.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-188 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 APPENDIX A – DIVERSITY AND ECONOMIC OPPORTUNITY MANUAL (FEDERAL) DEFINITIONS

Change Order (CO): A written order by LACMTA’s Contracting Officer directing Changed Work.

Changed Work (or Change): Changed Work is directed by LACMTA by a Change Order or is agreed to by the parties in an amendment or modification. Changed work includes work that does not involve an adjustment in the contract price and/or contract time; does not include work performed or time spent by contractor to correct any deficiency, additions, deletions or other revisions to the work within the general scope of the contract.

Commercially Useful Function: work performed by a DBE firm in a particular transaction that in light of industry practices and other relevant considerations, has a necessary and useful role and the firm's role is not a superfluous step added in an attempt to obtain credit toward goals. If, in LACMTA 's judgment, the firm (even though an eligible DBE) does not perform a commercially useful function in the transaction, no credit toward the goal may be awarded.

Contractor: The individual, firm, partnership, corporation, joint venture, or combination thereof, which may also be referred to by the term "it", that has entered into the contract with LACMTA. Includes contractors, successors, employees, officers, contractors’ representatives, and agents. Context may also include subcontractors, suppliers and any other persons for whom the contractor may be legally or contractually responsible.

Contracting Opportunity: Any decision by LACMTA or its contractors to institute a procurement action to obtain a product or service commercially (as opposed to intergovernmental actions).

Department: Functional unit of LACMTA responsible for management and administration of specific projects included within the capital and operating budget.

Directory of Certified Firms: List of Certified Firms used by LACMTA and its contractors to identify potential DBE subcontractors and suppliers.

Disadvantaged Business Enterprise (DBE): A for-profit small business, owned and controlled by socially and economically disadvantaged individuals, as defined in 49 CFR, Part 26.

(1) At least 51 percent owned by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 5l percent of the stock of which is owned by one or more socially and economically disadvantaged individuals

(2) Appropriate to the type of work the DBE seeks to perform in DOT-assisted contracts and has average annual gross receipts as defined by SBA regulations found at 13 CFR 121.402 over the previous three years, and does not exceed $21.4 million

(3) Personal net worth does not exceed $1.32 million

(4) An independent business whose management and daily operations are controlled by one or more of the socially and economically disadvantaged individuals who own it

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-189 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 DOT Assisted Contract: Any contract or modification of a contract between LACMTA and a contractor which is paid for in whole or in part with DOT financial assistance.

FHWA: Federal Highway Administration, an operating administration, of the U.S. Department of Transportation

FTA: Federal Transit Administration, an operating administration, of the U.S. Department of Transportation.

LACMTA: The Los Angeles County Metropolitan Transportation Authority

Manufacturer: Means a business that operates, or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor.

Metro Rail Project: The design, engineering and construction of the high-capacity, high-speed conventional rapid rail system, currently proposed as an l8 mile subway system with multi-car trains, steel rails and at least l6 stations serving the Los Angeles' Regional Core.

Non-Compliance: The condition existing when a contractor has failed to implement or meet the requirements of 49 CFR 26, as amended or LACMTA policy or procedure pertaining to DBE participation.

Pre-Bid/Construction Conference: A meeting held by LACMTA after award of contract on a particular construction project, but prior to the beginning of any work, at which the prime contractor is advised of its federal compliance obligations and any final technical requirements.

Pre-Bid/Proposal Conference: A meeting held by LACMTA prior to the bid/proposal closing date of a particular project, at which prospective bidders/proposers are advised of LACMTA specification requirements which include DBE provisions.

Professional/Technical Services Contract: Contracts for the professional and technical services of accountants, architects, engineers, landscape architects, lawyers, planners, surveyors, companies, urban designers, appraisers, option negotiators, and other persons performing similar services for the LACMTA.

Secretary: The Secretary of U.S. Department of Transportation or any person whom he/she has designated to act for him/her.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-190 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 Small Business Diversity Section: The staff that oversees and monitors labor standards activities for applicability to the State of California Labor Code and, where applicable, of the California code of Regulations.

State: State of California.

Statement of Compliance: The statement on the back of Payroll Form WH 347, whereby the Contractor declares how the fringes are paid whether by cash or through a bona fide fringe program.

Subcontract: Any contract, including contracts of any tier, to furnish Work, Goods or Equipment between the Contractor and/or any Subcontractor or Supplier.

U.S. Department of Transportation Regulation (49 CFR Part 26): Federal rules and regulations published in the Federal Register dated February 2, 1999; as amended by the Department of Transportation, Office of the Secretary; "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," and codified at 49, Code of Federal Regulations, Part 26.

Wages: The basic hourly rate of pay, any contribution made pursuant to, or cost anticipated to provide, a bona fide fringe benefit plan, fund or program.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-191 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 APPENDIX B - DBE ATTACHMENTS

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 2-192 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 Request To Add DBE or Non-DBE Subcontractor

Project Name:______Contract No. ______

Prime Contractor: ______

Contractor herewith requests that ______, a ___Disadvantaged Business Enterprise (DBE) or ____Non-DBE, subcontracted to ______, be added to the approved list of subcontractors on this project in accordance with our approved subcontracting plan.

Description of Work (Specify Subcontractor’s Portion of Work):

NAICS Codes/ Description: Code(s) Description: Applicable Yes No Yes No Yes No Yes No Yes No

Name of Proposed Firm: ______

Address ______City______State______Zip______

Email ______Telephone ______

Contact Person ______Title ______

Public Work Contractor Registration # ______Copy of Public Works Registration Attached Copy of Certification Regarding Debarment, Suspension and Other Responsibility Matters Attached

Subcontractor Counting and Calculating DBE Credit:

As Subcontractor As Joint Venture As Supplier (60% for DBE Credit) Trucking (Owner Operator) As Broker (DBE credit for fees/commissions only)

Subcontract Amount $ ______Amount Claimed as DBE Commitment: $ ______

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 193 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 Contract Type (for proposed subcontractor):

Time & Material (Not to Exceed) Contract Term: ______through ______Lump Sum / Firm Fixed Price

Non-Competitive: Sole Source Award Other ______

Justification for selection: ______

______

Subcontractor DBE Bid or Proposal Amount Yes No Yes No Yes No

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 194 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 Prime Contractor:______Contract No. ______Proposed Subcontractor: ______

Name & Title of Certifying Official: ______

Signature: ______

Date: ______

FOR METRO APPOVAL

Selected Subcontractor: ______

This section to be completed by Additional Comment(s): Vendor Contract Management only

Contractor Debarment Yes No Pre-Qualified Yes No Organizational Conflict Yes No

Consent for Adding ______Yes No Name / Title Date

Approved for Adding Yes No

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 195 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 For Small Business Programs Payment Reporting System Contractor and Subcontractor User Guide please click on the following link:

http://media.metro.net/uploads/Metro_Connect/SBCRS%20USER%20GUIDE.pdf

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (RC-FTA) RFIQ NO. PS54330 196 PRO FORM 087 ISSUED: 06.06.18 REVISION DATE: 01.11.16 DIVERSITY & ECONOMIC OPPORTUNITY DEPARTMENT CONTRACT COMPLIANCE MANUAL (FHWA)

SECTION 100 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

100 FEDERAL OBLIGATION:

This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.

101 POLICY STATEMENT:

1. To ensure nondiscrimination in the award and administration of DOT-assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. To ensure that LACMTA’s DBE program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT-assisted contracts; and 6. To assist the development of firms that can compete successfully in the market place outside the DBE program.

102 INTERPRETATION:

103 INCORPORATION OF THE DBE PROGRAM INTO THE CONTRACT:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-197 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 The Contract Compliance Manual is a component of this contract. It describes the DBE Program requirements applicable to this contract. The provisions and enforcement mechanisms set forth in the Contract Compliance Manual are in addition to all other provisions and enforcement mechanisms available to LACMTA set forth elsewhere in this contract. The Contractor’s compliance with the DBE Program requirements will be monitored by LACMTA throughout the life of the contract.

104 GENERAL CONDITIONS AND SPECIAL PROVISIONS:

The General Conditions and Special Provisions of the subject Contract are incorporated by reference.

105 LACMTA ASSURANCE:

106 MISREPRESENTATION:

Suspension or debarment proceedings may be initiated against any firm that:

DOT may take action itself through its Fraud and Civil Remedies Program or refer the matter to the Department of Justice for prosecution under appropriate criminal statutes.

107 AUDIT AND INSPECTION:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-198 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 SECTION 200 - DBE PARTICIPATION

200 OVERALL DBE GOAL:

201 RACE CONSCIOUS (RC) DBE MEASURES:

Includes setting DBE contract goals for the participation of DBE groups found in LACMTA’s Disparity Study to have significant statistical disparity. The DBE groups are African Americans, Asian Pacific Americans, Native Americans, Hispanic Americans, and Subcontinent Asian Americans. Only DBE participation from these DBE groups will be counted toward the Contractor’s DBE commitment.

202 RACE NEUTRAL (RN) DBE MEASURES:

Includes the DBE group(s) that has not been found in LACMTA’s Disparity Study to have significant statistical disparity and cannot be counted toward the DBE contract goal; however; will be counted as RN DBE participation.

Participation by all DBE groups will be tracked and reported to meet LACMTA’s overall DBE goal.

203 DBE COMMITMENT:

204 COMMERCIALLY USEFUL FUNCTION (CUF):

A commercially useful function is performed when the business is responsible for the execution of the work of the contract and is carrying out its responsibilities by actually performing, managing and supervising the work involved. To perform a commercially useful function, the company must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, installing (where applicable) the material and paying for the material itself. To determine whether a company is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount of the firm is to be paid under the contract is commensurate with the

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-199 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 work it is actually performing and the DBE credit claimed for its performance of the work and other relevant factors.

205 VIOLATION OF COMMERCIAL USEFUL FUNCTION:

206 DBE’S WORK FORCE:

207 COUNTING DBE PARTICIPATION:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-200 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 functions as it affects the work. Specific counting guidelines are provided in 49 CFR Part 26.55, the provisions of which govern over the summary contained herein.

D. DBE as a Material Supplier or Broker:

1. 60% credit for the cost of the materials or supplies purchased from a DBE regular dealer.

2. 100% credit for the cost of materials or supplies obtained from a DBE manufacturer.

3. 100% credit for the value of reasonable fees and commissions for the procurement of materials and supplies if not a regular dealer or manufacturer.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-201 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 2. The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the contract.

3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.

5. The DBE may also lease trucks from a non-DBE, including an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE.

208 CHANGES IN WORK LISTED TO DBE FIRMS:

SECTION 300 - ADMINISTRATIVE REQUIREMENTS

300 DBE STANDARDS:

The Contractor shall ensure that DBEs it has committed to in its bid/proposal have a level playing field to successfully perform their contract responsibilities and further commits to meet the DBE Goal of Record for the contract. These efforts should include but are not limited to the following:

A. Negotiate in good faith to attempt to finalize subcontract and supply agreements with DBEs listed in its bid/proposal.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-202 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 B. Continue to provide assistance to DBE subcontractors or DBE suppliers in obtaining bonding, lines of credit, or other capital financing through referral to the DOT Bond Assistance Program (800) 532-1169.

301 DBE CERTIFICATION STATUS:

302 DBE DECERTIFICATION:

SECTION 400 - CONTRACT COMPLIANCE MONITORING

400 REVIEW AND MONITORING SYSTEM:

This section describes the review and monitoring system to ensure that all contractors, subcontractors, consultants, vendors, suppliers, dealers, brokers and other sources, and all LACMTA departments comply with the DBE requirements and all other contract provisions related to DBE participation.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-203 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 Session, reviewing the performance, accountability, record keeping and reporting aspects of the DBE Program, and/or (2) termination of the contract, and/or (3) administrative sanctions, and/or (4) other appropriate remedies.

401 CREATE A LEVEL PLAYING FIELD OF OPPORTUNITY TO PARTICIPATE:

A. Negotiate in good faith to attempt to finalize subcontract and supply agreements with DBEs listed in its bid/proposal.

D. Contractor shall immediately inform DEOD of any problems anticipated or concerns in achieving the DBE commitment agreed upon at the time of award.

402 PRE-CONSTRUCTION (KICK-OFF) MEETING:

Both the Contractor and the Subcontractor(s) or a representative of each firm shall attend the kick-off meeting concerning DBE requirements and other matters, prior to or immediately after Notice to Proceed is issued. The Contractor shall be responsible for informing the Subcontractors of all DBE requirements as specified by LACMTA herein.

403 CONTRACT COMPLIANCE SUBMITTALS – REPORTING DBE PARTICIPATION:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-204 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 subcontractors, suppliers, brokers, and truckers online training, login and password information, at no cost to the Contractor or its subcontractors, suppliers, and truckers. Contractor shall have fourteen (14) days from Notice to Proceed (NTP) to register and obtain login and password with the SBCRS. Subcontractors, at all tiers, shall register within thirty (30) days of the NTP.

A. CONTRACTOR MONTHLY DBE PROGRESS REPORT (Design/Build Only):

The monthly progress report shall be submitted to LACMTA by the 15th day following the reporting month. The monthly report shall provide, at a minimum, the following information:

1. General Contract Value Information: The following general contract value information must be provided:

a. Original Contract Amount b. Running Total of Change Order Amount c. Current Contract Amount d. Amount Paid to Contractor during Month e. Amount Paid to Contractor Inception to Date f. DBE Contract Goal g. Total Dollar Amount of DBE Commitment h. DBE Commitment as Percentage of Current Contract Amount

2. Contractor/Subcontractor information: The following general information shall be prepared for the Contractor and each subcontractor (at every tier level): Name, address, phone, DBE status, contact person, contractor(s), name, date contract agreement signed, scope of work, anticipated first date of performance and anticipated last date of performance

3. SUPPLEMENTAL REPORTS (Design/Build Only): The Prime Contractor shall submit, each month (or other such time as the DEO, may choose), the below compliance reports. LACMTA has developed a series of forms that may be adopted by the Contractor to meet this requirement or the Contractor may develop its own report format and present to LACMTA for approval and use to meet the supplemental report requirements:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-205 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 a. The Prime Contractor’s DBE Attainment and Commitment Report for the month listing its immediate subcontractors and the DBE Attainment and Commitment Tally Sheets from each subcontractor subcontracting at each tier listing their immediate subcontractors, to the Contract Compliance Officer, documenting DBE and Non-DBE participation expected for the month;

b. The Prime Contractor’s “Prompt Payment” Report listing its immediate subcontractors and the “Prompt Payment” activity from each subcontractor subcontracting at each tier listing their immediate subcontractors, to the Contract Compliance Officer, documenting the status of each subcontractor’s retainage account with the Prime Contractor engaged in subcontracting and their compliance with the return of the retainage regulations.

c. The Prime Contractor’s “Prompt Payment and Retainage” Report for the month (or such time period as the DEOD may choose), listing its immediate subcontractors and the prompt payment and retainage activity from each subcontractor (at any tier).

d. DBE Trucking Verification Report by the fifth (5th) day of each month, for the preceding month's trucking activity. The Contractor shall submit documentation showing the amount paid to DBE trucking companies listed to perform on the contract. This monthly documentation shall indicate the portion of revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the DEOD showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks.

e. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation conforms with Section 207.

The Contractor shall also obtain and submit documentation showing the truck number, owner’s name, California Highway Patrol CA number and if applicable, the DBE certification letter of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. The Contractor shall promptly pay DBE trucking companies in accordance with the prompt payment provisions prescribed in herein.

C. MONTHLY EXPENDITURE PLAN (CONSTRUCTION PROJECTS ONLY):

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-206 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 “Construction Manager's Resident Engineer,” prior to being submitted to the assigned Contract Compliance Officer and the Contract Administrator. Revised plans shall be submitted within 30 days from the incorporation of the change.

D. EXECUTED DBE SUBCONTRACT AGREEMENTS:

The Contractor shall submit copies of all executed DBE subcontract agreements and/or DBE purchase orders (PO) within 14 working days after the Contractor executes their contract or PO with LACMTA. Failure to comply with this section will be cause for non-compliance and assessment of administrative sanctions, and may include, imposing a special assessment against the Contractor.

The DBE subcontract or PO should be sent to the attention of the assigned Contract Compliance Officer. The Contractor shall incorporate the DBE Program document and this DBE Contract Compliance Manual into each PO and into each Subcontract issued under this DOT-assisted contract and each subcontractor, consultant, dealer, broker, vendor or other source shall agree to the terms and conditions. The Contractor shall immediately notify DEOD in writing, within the 14-day timeframe mentioned above, of any problems it may have in obtaining the subcontract agreements from listed DBE firms within the specified time. Failure to notify DEOD may deem the Contractor in non-compliance with this requirement.

The Contractor shall include the following language verbatim in each subcontract agreement the Contractor signs with a DBE subcontractor:

Enforcement: If a contractor or subcontractor fail or refuse to include the contract assurances verbatim in all DOT-assisted contracts, subcontracts and/or purchase orders agreements, MTA may impose penalties and administrative sanctions for non-compliance as contained in Section 800.

2. Prompt Payment: (Required in all DBE and non-DBE subcontract agreements)

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-207 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 b. This clause applies to both DBE and non-DBE. For the purpose of this section, a subcontractor’s work is satisfactorily completed when the Contractor certifies to LACMTA that all the tasks called in the subcontract have been satisfactorily accomplished and that the

c. (The above language is to be used verbatim, pursuant to federal regulations.)

E. PROMPT PAYMENT, RETAINAGE AND RETENTION:

Contractor is referred to the General Terms and Conditions concerning Prompt Payment to Subcontractors and Prompt Payment of Withheld Funds to Subcontractors.

Enforcement: If LACMTA determines that the prime contractor has failed to (1) include prompt payment language verbatim, (2) promptly pay its subcontractors, or (3) promptly release Retainage, LACMTA shall give written notice to the Contractor and the Contractor’s Surety that, if the default is not remedied within a specified period of time (at least 5 days), the contract may be terminated. The Contract may be terminated for cause in accordance with the Contract Article entitled TERMINATION FOR DEFAULT. LACMTA shall also impose penalties and sanctions for non-compliance with the DBE Program as referenced in Section 800 and other requirements of State law.

F. PROMPT PAYMENT OF RETENTION:

Contractor shall promptly release retention to Subcontractors (Required in all DBE and non-DBE subcontract agreements verbatim):

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-208 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 G. FINAL REPORTING:

H. FAILURE TO COMPLY:

If it is determined that the contractor is non-compliant with prompt payment provisions, the contractor will receive written details of this deficiency. If additional clarification is required, the contractor must respond to the request within five (5) working days. Failure to comply may result in the assessment of appropriate administrative sanctions and/or penalties.

1. Assessment for DBE Non-Compliance:

If the Contractor fails to comply with the DBE Program requirements, contract payments shall be reduced by one or more of the following methods:

a. A penalty of five thousand dollars ($5,000) per day, from the date the Contractor is determined to be in non-compliance with the DBE Program requirements until compliance is determined.

b. Penalties of ten percent (10%) of the total contract value, including any approved change orders, for failure to meet DBE commitments or to demonstrate good faith efforts.

c. Penalties may be deducted from payments due the Contractor, from any funds retained.

2. Dispute Resolution:

The Contractor must include in its DBE Subcontract Agreement(s) the Dispute Resolution provisions in Section 5.0 of the Contract Compliance Manual (Federal) for disputes arising out of or related to this contract between Contractor and any lower tier Subcontractors which cannot be settled by discussions between the parties involved. The Contractor and Subcontractor, in the event of a dispute to their contract, agree to proceed through informal meetings, mediation, or arbitration, or any combination thereof.

3. Equal Employment Opportunity (EEO) Policy Statement:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-209 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices covering all provisions of this nondiscrimination clause.

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

SECTION 500 - RESOLUTION OF DISPUTES BETWEEN LACMTA CONTRACTOR AND SUBCONTRACTORS

500 INFORMAL MEETINGS:

501 MEDIATION:

502 ARBITRATION:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-210 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 Should the parties fail to resolve any DBE related dispute arising out of or related to the contract via informal meetings or mediation, the parties are contractually obligated to submit the claims for arbitration within 120 days from date LACMTA is notified of dispute. Arbitration conducted pursuant to the contract shall be binding upon all parties to the arbitration. All arbitration is to be conducted in a manner consistent with section 1020 et seq. of the Public Contract Code and Section 1296 of Code of Civil Procedure.

Available mediation and arbitration services include:

The American Arbitration Association (213) 383-6516 Dispute Resolution Center (818) 793-7174

The Contractor shall incorporate this Section into each DBE subcontract related to work arising under this contract and shall not incorporate by reference.

Only when resolution of DBE disputes attempted through informal meetings, mediation, and/or arbitration has failed may the Contractor formally request substitution of a DBE subcontractor.

503 TIMELINESS:

NOTE: Arbitration findings are binding upon the parties. However, the findings do not in any way relieve the contractor of its obligation to meet the DBE goals.

SECTION 600 - ADDING OR SUBSTITUTING OR TERMINATING A DBE

Contractors shall obtain written approval from DEOD prior to adding, substituting, or terminating DBE subcontractors.

600 ADDING DBE SUBCONTRACTORS:

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-211 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 C. Provide subcontract agreement for added firm(s) with dollar amount of scope of work, period of performance, and required flow down provisions; D. Provide certified letter evidencing certification status of firm(s) to be added; E. Documentation of prime contractor outreach efforts and selection process undertaken for the scope of work to be performed by the proposed added firm(s); F. Identify if the added firm(s) replacing another originally listed certified firm or is a result of reducing scope of work originally listed. (The prime contractor shall comply with substitution requirements when making changes to originally scope committed to another certified firm). Enforcement: Failure by the contractor to comply with the “request to add requirements,” shall constitute a material breach of the contract and may result in termination of contract or imposition of administrative sanctions for non-compliance.

After formal approval by LACMTA, the contractor may add the subcontractor to the reporting system and must provide a copy of the Subcontract Agreement.

601 SUBSTITUTING OR TERMINATING DBE SUBCONTRACTORS:

A. LACMTA shall only authorize the substitution of a subcontractor for one or more of the following reasons:

1. The listed DBE, after having had a reasonable opportunity, fails or refuses to execute a written contract. 2. The listed DBE becomes bankrupt or has credit unworthiness. 3. The listed DBE fails or refuses to perform his subcontract with normal industry standard. 4. The listed DBE subcontractor, after having had a reasonable opportunity, fails or refuses to meet the contractor’s non-discriminatory bond requirements. 5. The prime contractor demonstrates to LACMTA, pursuant to Public Contract Code, Section 4107.5, that the name of the subcontractor was listed as the result of an inadvertent clerical error. 6. The listed subcontractor is not licensed pursuant to the Contractors License Law. 7. It was determined that the work performed by the listed subcontractor is substantially unsatisfactory and is not in accordance with the plans and specifications, or that the subcontractor is substantially delaying or disrupting the progress of the work 8. The DBE is ineligible to work because of suspension and debarment. 9. It has been determined that the DBE is not a responsible contractor. 10. The DBE voluntarily withdraws, with written notification, from the contract. 11. The DBE is ineligible to receive credit for the type of work required. 12. The DBE owner dies or becomes disabled resulting in the inability to perform the work on the contract. 13. Other documented compelling reasons.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-212 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 B. DEOD shall send written notice to the listed DBE subcontractor of the Contractor’s request for substitution, including the reasons for the request. The DBE subcontractor shall have five (5) working days to submit written objections to the substitution to DEOD. Failure to respond to a written objection may constitute the listed DBE subcontractor’s consent for substitution.

C. If written objections are filed by a DBE subcontractor, LACMTA shall give written notification within at least five (5) working days, to the prime contractor and the listed subcontractor of an informal mediation regarding the request for substitution.

D. Contractor(s) shall replace a DBE subcontractor with another DBE firm, after following dispute resolution procedures, pursuant to the provisions of the California Public Contracts Code.

Failure to comply with this or any other DBE requirement may result in assessment of appropriate administrative sanctions.

SECTION 700 - GOAL ATTAINMENT DURING LIFE OF CONTRACT

A. The Contractor shall not make any falsification of a Subcontract as to Subcontractor's name, Subcontract amount and/or actual work to be performed by DBE firms.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-213 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 E. All submittal forms, containing any contract value, revised as a consequence of a Change Order, contract modification, provisional sums shall be accompanied with copy of relevant support documentation.

F. The Contractor shall submit the final DBE report within fourteen (14) calendar days of final payment, retention and acceptance of the contract work by the LACMTA as prescribed in Section 3.6.

I. When a DBE performs in a joint venture, only the percentage of the DBE joint venture is eligible for credit. Work must be performed by the DBEs own work forces.

SECTION 800 - SANCTIONS FOR VIOLATIONS

A. Failure to Comply

2. Staff shall review the contractor's monthly progress reports to determine whether the utilization of DBE firms is consistent with the contractor’s commitment at the time of contract award.

3. Failure to utilize a DBE as listed toward the goal is a breach of contract and may result in the imposition of administrative sanction.

5. If it is determined that the contractor’s good faith efforts documentation is acceptable, the contractor shall be deemed to be in compliance with the requirements of the DBE program.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-214 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 6. If it is determined that the contractor’s good faith efforts documentation is not acceptable, the contractor will receive written details of any deficiencies. If additional clarification is required, the contractor must respond to the request within five (5) working days. Failure to comply may result in the assessment of appropriate administrative sanctions and/or penalties.

B. Remedies for Breach of DBE Requirements

C. Appropriate Administrative Remedies

The appropriate administrative remedies shall include, but is not limited to the following:

2. Penalties as described in the, “Assessment for DBE Non-Compliance,” (referenced in Sub-Section D)

3. Suspension of payment(s) to the Contractor LACMTA

4. Termination of the Contract for default.

5. Debarment (29 CFR 5.6).

D. Assessment for DBE Non-Compliance

If the Contractor fails to comply with the DBE Program requirements, contract payments shall be reduced by one or more of the following methods:

1. A penalty of five thousand dollars ($5,000) per day, from the date the Contractor is determined to be in non-compliance with the DBE Program requirements until compliance is determined.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-215 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 2. Penalties of ten percent (10%) of the total contract value, including any approved change orders, for failure to meet DBE commitments or to demonstrate good faith efforts.

3. Penalties may be deducted from payments due the Contractor, from any funds retained.

E. Appeal of Sanction Determination

F. Contractor’s Right to a Hearing

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-216 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 APPENDIX A – DIVERSITY AND ECONOMIC OPPORTUNITY MANUAL (FEDERAL) DEFINITIONS

Change Order (CO): A written order by LACMTA’s Contracting Officer directing Changed Work.

Contracting Opportunity: Any decision by LACMTA or its contractors to institute a procurement action to obtain a product or service commercially (as opposed to intergovernmental actions).

Department: Functional unit of LACMTA responsible for management and administration of specific projects included within the capital and operating budget.

Directory of Certified Firms: List of Certified Firms used by LACMTA and its contractors to identify potential DBE subcontractors and suppliers.

Disadvantaged Business Enterprise (DBE): A for-profit small business, owned and controlled by socially and economically disadvantaged individuals, as defined in 49 CFR, Part 26.

(3) Personal net worth does not exceed $1.32 million

(4) An independent business whose management and daily operations are controlled by one or more of the socially and economically disadvantaged individuals who own it

DOT Assisted Contract: Any contract or modification of a contract between LACMTA and a contractor which is paid for in whole or in part with DOT financial assistance.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-217 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 FHWA: Federal Highway Administration, an operating administration, of the U.S. Department of Transportation

FTA: Federal Transit Administration, an operating administration, of the U.S. Department of Transportation.

LACMTA: The Los Angeles County Metropolitan Transportation Authority

Manufacturer: Means a business that operates, or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor.

Non-Compliance: The condition existing when a contractor has failed to implement or meet the requirements of 49 CFR 26, as amended or LACMTA policy or procedure pertaining to DBE participation.

Pre-Bid/ Proposal Conference: A meeting held by LACMTA prior to the bid/proposal closing date of a particular project, at which prospective bidders/proposers are advised of LACMTA specification requirements which include DBE provisions.

Secretary: The Secretary of U.S. Department of Transportation or any person whom he/she has designated to act for him/her.

Small Business Diversity Section: The staff that oversees and monitors labor standards activities for applicability to the State of California Labor Code and, where applicable, Title 8 of the California code of Regulations.

State: State of California.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-218 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 Statement of Compliance: The statement on the back of Payroll Form WH 347, whereby the Contractor declares how the fringes are paid whether by cash or through a bona fide fringe program.

Subcontract: Any contract, including contracts of any tier, to furnish Work, Goods or Equipment between the Contractor and/or any Subcontractor or Supplier.

U.S. Department of Transportation Regulation (49 CFR Part 26): Federal rules and regulations published in the Federal Register dated February 2, 1999; as amended by the Department of Transportation, Office of the Secretary; entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," and codified at Title 49, Code of Federal Regulations, Part 26.

Wages: The basic hourly rate of pay, any contribution made pursuant to, or cost anticipated to provide, a bona fide fringe benefit plan, fund or program.

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-219 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 APPENDIX B - DBE FORMS

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-220 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 PROMPT PAYMENT HISTORY (DBE and Non-DBE Subcontractors) Form 102

Reporting Period (Month/Yr) - (Please Type) Report No. - Contract No. Prime Contractor: Project Name List All Subcontractors Performing On The Project

Explain Disputed Actual Date when Check Amount Amount / Reason for Prime's Date when Check Sub's Sub's Invoice Disputed DBE Subs LACMTA Check Number (Total Paid to Non-Payment Invoice # Sub is Date Invoice # Amount Amount Paid Prime Sub) (Provide Attachment Paid If Needed)

DBE Firm (sample) 201 06/01/13 06/15/13 5555 06/01/13 4001 $250,500.00 $250,500.00

DBE TOTALS $ 250,500.00 $250,500.00 Explain Disputed Actual Date when Check Amount Amount / Reason for Prime's Date when Check Sub's Sub's Invoice Disputed Non-DBE Subs LACMTA Check Number (Total Paid to Non-Payment Invoice # Sub is Date Invoice # Amount Amount Paid Prime Sub) (Provide Attachment Paid If Needed) Non-DBE Firm (sample) 201 06/01/13 06/15/13 5555 06/01/13 1115 $650,000.00 $100,000.00 $550,000.00 Over-billed

Non-DBE TOTALS $650,000.00 $100,000.00 $550,000.00

GRAND TOTAL $900,500.00 $100,000.00 $800,500.00 Contractor certifies that the amounts reported on Form 102 were paid to the list of Authorized approved DBE and non-DBE subcontractors and all supporting documentation is Signature available for inspection upon request. Contractor shall comply with the Prompt Type/Print Name Payment requirement of the referenced contract. Failure to comply with this requirement may result in an administrative sanction. Form 102 is due to the Title LACMTA by the 15th of each month. The Prime must report monthly through the term of contract, even if no work was performed during the reporting period. Date

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-221 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 SUMMARY OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) SUBCONTRACTORS PAID REPORT FORM 103 Reporting Period (Month/Yr): Page 1 Report No:

8) Contract 15) Prime 1) Project Name: Award Date: Contractor: 9) Original Award 16) Street 2) Contract No: Amount: Address:

10) Date Last 17) City, State, 3) DBE Goal %: Payment Received From MTA: Zip: 11) Current 18) Contact 4) DBE Commitment %: Contract Value: Name/Title:

12) MTA Payment 19) Telephone: 5) DBE Attainment %: This Month: 13) Total Dollars 6) DBE Participation %: Paid to-Date to 20) Email Prime: 14) Total Dollars 7) Project Completion %: Paid To-Date To 21) Signature: DBE Subs: 27) Original 28) Dollars +/- 22) METROPOLITAN TRANSPORTATION AUTHORITY 23) Dollars 24) Dollars 25) Type of 26) Current Committed Resulting (LACMTA) Paid This Amount Work Work Status / From DBE DBE Subcontractor(s)/Supplier(s) Month Paid-To-Date Performed Comments Change/Mod Dollars Order Activity

SUBCONTRACTOR/SUPPLIER #1 □ Race □ Race Conscious (RC) Neutral (RN) NAME ADDRESS PHONE (Area Code) EMAIL CONTACT ETHNICITY/GENDER The Prime shall make prompt payment of all monies due and owed to DBE and non-DBE firms within 7 business days upon receipt of payment from the LACMTA as per contract agreement and Prompt Payment Act. Payment of retention shall be made to all DBE and non-DBE subcontractors within 7 days after satisfactory completion of the subcontracted work. The Form 103 is due to the LACMTA by the 15th of each month and should reflect all Special Instructions: payments made to subs through the last day of the previous month. The Prime must report monthly through the term of the contract, even no work was performed during the reporting period. You may send this document by e-mail each month to: [email protected]. Also, copy the Contract Compliance Officer. The prime is required to utilize Race Conscious (RC) DBE firms. RC DBEs are ethnic groups that have been identified as statistically and significantly underutilized. These groups include: African Americans, Asian Pacific Americans, Native Americans, Hispanic Americans,

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-222 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 and Subcontinent Asian Americans.

SUMMARY OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) SUBCONTRACTORS PAID REPORT FORM 103 Reporting Period (Month/Yr) : - Page 2 Report No : -

INVOICE PAYMENT HISTORY

Sub/Supplier Sub/Supplier Sub/Supplier Sub/Supplier Prime Contractor #1: #2: #3: #4:

Invoice Invoice Invoice Number Amount Paid Amount Paid Amount Paid Amount Paid Amount Paid Total Invoice Date Paid Date

GRAND TOTAL (paid-to-date)

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-223 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 SUMMARY OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) SUBCONTRACTORS PAID REPORT Form 103 Reporting Period (Month/Yr) : - Page 3 Report No : - (TASK ORDER/CONTRACT WORK ORDERS) TASK ORDER AWARD HISTORY

Sub/Supplier Sub/Supplier Sub/Supplier Sub/Supplier Prime Contractor #1: #2: #3: #4:

Task Order/CWO Task Order Prime Award Award Date Award Amount Award Amount Award Amount Award Amount Total Invoice Number/Description Value Amount

CWO#1-Fences 01/01/00 30,000 11,000 1,000 8,000 10,000 $30,000.00

CWO#2-Pavement 02/01/00 50,000 20,000 20,000 10,000 $50,000.00

CWO #3 - Structure 03/01/00 45,000 35,000 10,000 $45,000.00

GRAND TOTAL (paid-to-date) $125,000.00 $66,000.00 $1,000.00 $28,000.00 $22,000.00 $125,000.00

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-224 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 SUMMARY OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) SUBCONTRACTORS PAID REPORT FORM 103 Reporting Period (Month/Yr) : - Page 4 Report No : - (TASK ORDER/CONTRACT WORK ORDERS) TASK ORDER PAYMENT HISTORY

Sub/Supplier Sub/Supplier Sub/Supplier Sub/Supplier Prime Contractor #1: #2: #3: #4:

Task Order/CWO Invoice Award Date Paid Paid Paid Paid Paid Total Invoice Number/Description Number

CWO#1-Fences A1 01/01/00 11,000 1,000 8,000 10,000 $30,000.00

CWO #2 - Pavement B1 02/01/00 10,000 10,000 5,000 $25,000.00

CWO #2 - Pavement B2 02/01/00 10,000 10,000 5,000 $25,000.00

CWO #3 - Structure C1 03/01/00 35,000 2,000 $37,000.00

GRAND TOTAL (paid-to-date) $66,000.00 $1,000.00 $28,000.00 $22,000.00 $117,000.00

LACMTA GA18-54 CONTRACT COMPLIANCE MANUAL (FHWA) RFIQ NO. PS54330 2-225 PRO FORM 087B ISSUED: 06.06.18 REVISION DATE: 04.20.15 SECTION 3 – BID/PROPOSAL DOCUMENTS This page is intentionally blank INSTRUCTIONS TO PROPOSERS

IP-01 PREQUALIFICATION REQUIREMENTS

A. All Proposers, proposed first-tier subcontractors, and material suppliers (supplying directly to Metro), competing for award of contracts of $100,000 or more will be required to complete and submit a Contractor Pre-Qualification Application. Failure to do so may cause your Proposal to be rejected as non- responsive.

B. Contractor Pre-Qualification Applications are due to the Pre-Qualification Office no later than the Proposal due date and time. Do not put copies of pre-qualification documents in your Proposal. All first-tier subcontractors must be pre-qualified prior to performing any Services. Contractor is responsible for ensuring a timely submittal of all Contractor Pre-Qualification Applications.

C. For contact information, please refer to the Letter of Invitation (LOI). For detailed instructions, refer to the Pre-Qualification Application which can be downloaded from Metro website (http://www.metro.net/EBB/PQA/vprequal.htm), or provided by the Pre- Qualification Office.

IP-02 BIDDERS LIST FORM

A. In accordance with 49 CFR 26.11 (c), Los Angeles County Metropolitan Transportation Authority (Metro) is required to maintain a Bidders List, consisting of all firms bidding on prime contracts and bidding or quoting subcontracts, who seek an award or participation on Metro contracts funded in whole or in part with Federal funds. Each Bidders List is a compilation of Bidders, Proposers, Quoters, subcontractors, manufacturers, and suppliers of materials who have submitted bids during the advertising period of a specific project.

B. If the Letter of Invitation identifies this RFP as federally funded, all businesses are required to complete and submit a Bidders List Form (PRO FORM 132) when submitting a Bid, Proposal, or Quote directly to Metro.

C. All businesses that submit a Bid, Proposal, or Quote directly to Metro must also ensure that all of its quoting subcontractors, suppliers, manufacturers and suppliers that the Proposer included in its response to Metro, are required to complete and submit a Bidders List Form (PRO FORM 132).

D. Bidders List Forms (PRO FORM 132) are due at time of Proposal due date as provided in the Letter of Invitation. Failure to submit the Bidders List Form(s) may deem the Proposer non-responsive.

METRO GA18-54 INSTRUCTIONS TO PROPOSERS RFIQ NO. PS54330 3-1 PRO FORM 010 ISSUED: 06.06.18 REVISION DATE: 08.17.17 E. Metro will use the Bidders List to identify the universe of DBE and non-DBE contractors and subcontractors who seek to work on Metro contracts for use in establishing Metro overall goals.

IP-03 RESERVED

IP-04 EXAMINATION OF RFP DOCUMENTS

A. All proposals shall be in strict accordance with the Request for Proposal (RFP) Documents.

B. Copies of the solicitation, Metro responses to all written questions, and requests for interpretation and clarification will be available for examination and/or purchase as noted in the Request for Proposal Letter. The proposer is solely responsible for the examination of solicitation documents; reviewing all Amendments; comprehending all conditions that may impact the proposal, and the performance of the Work should the proposer be selected. Failure of the proposer to so examine and inform itself must be at its sole risk.

IP-05 INTERPRETATION OF RFP DOCUMENTS

A. Requests for interpretation or clarification of the solicitation documents shall be submitted in writing. All written requests shall be forwarded to Metro Contract Administrator identified in the Request for Proposal Letter.

B. To ensure that responses are provided to all Planholders, inquiries shall be received at least ten (10) working days prior to the submittal due date. Where such interpretation or clarification requires a change in the solicitation documents, Metro will issue an Amendment.

C. Metro shall not be bound by, and the Planholder shall not rely on for any purpose, any oral interpretation or oral clarification of the solicitation documents.

IP-06 COMMUNICATION WITH METRO

All communications between Metro and the proposers must be in writing addressed to the Contract Administrator identified in the Request for Proposal Letter, except for:

 Issues regarding Pre-qualification addressed in PREQUALIFICATION REQUIREMENTS, and

 The Diversity and Economic Opportunity (DEO) department (such as a list of certified firms and the certification status of a particular firm) may be obtained by contacting the responsible party noted in the Request for Proposal Letter.

METRO GA18-54 INSTRUCTIONS TO PROPOSERS RFIQ NO. PS54330 3-2 PRO FORM 010 ISSUED: 06.06.18 REVISION DATE: 08.17.17 IP-07 AMENDMENT

A. Metro reserves the right to revise the solicitation documents prior to the proposal submittal due date. Such revisions, if any, will be made by Amendment to this RFP.

B. Proposers shall acknowledge receipt of all Amendments to the solicitation documents in the Proposal Letter. Failure to acknowledge receipt of all Amendments and to include all the requirements of the Amendments in the proposal may render the proposal unacceptable and cause it to be rejected.

C. Prior to submitting the proposal to Metro for consideration, each proposer is responsible for checking Metro website to ensure that it has received all applicable Amendments.

IP-08 PREPARATION OF SUBMITTAL

A. The proposal shall be formatted in accordance with the requirements specified herein. Proposals must include the forms provided with the solicitation documents, or on legible photocopies of the forms. Proposers shall complete the forms in accordance with the directions specified in these Instructions and the forms. All required explanatory narratives and the supplementary data are to be included with the proposal forms as indicated.

B. All certifications located in Section 6, Required Certifications, must be fully completed and included in the Proposal. For the Ethics Declaration, Proposer must submit its completed Ethics Declaration, as well as a completed Ethics Declaration from each of the Proposer's prospective subcontractors, in the Proposal.

C. Pencil or erasable ink shall not be accepted. Initial all modifications made to the proposer's entries and identify the proposer's name on the top right of each page. Liquid or dry correction materials shall not be used.

D. Failure to comply with the requirements outlined in these solicitation documents may render the proposal(s) incomplete and may cause proposal rejection. This RFP does not commit Metro to enter into a contract nor does it obligate Metro to pay for any costs incurred in the preparation and submission of proposals.

IP-09 MODIFICATIONS AND ALTERNATIVE PROPOSALS

A. Proposers are cautioned to limit exceptions, conditions, limitations to the provisions of this RFP as they may be determined to be so fundamental as to cause rejection of the proposal for not responding to the requirements of the RFP.

B. Proposers submitting conforming proposals may submit alternate proposals to this RFP as complete separate offers, if the alternate proposals offer technical improvements or modifications that are to the overall benefit of

METRO GA18-54 INSTRUCTIONS TO PROPOSERS RFIQ NO. PS54330 3-3 PRO FORM 010 ISSUED: 06.06.18 REVISION DATE: 08.17.17 Metro. Metro reserves the right to accept or reject any alternate proposal. Oral or telephonic proposals and/or modifications shall not be considered.

IP-10 SIGNING OF PROPOSAL AND AUTHORIZATION TO NEGOTIATE

A. Proposer or its authorized representative (Proposer’s Representative) shall execute the Proposal and all required solicitation documents. Proposers shall submit evidence of the Proposer’s Representative’s authority.

B. If the proposer is a joint venture or partnership, it shall submit with its proposal a duly notarized Venturer or Partner-executed Irrevocable Power of Attorney that designates the Proposer’s Representative along with a copy of the signed Joint Venture or Partnership Agreement. The Proposer’s Representative shall be empowered to execute the proposal on behalf of the proposer and to act for and bind the proposer in all matters relating to the proposal. The Irrevocable Power of Attorney shall specifically state that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of the proposer that are assumed under the proposal and under any contract arising therefrom. The Proposer’s Representative shall execute the proposal on behalf of the joint venture or partnership in its legal name.

IP-11 SUBMISSIONOFPROPOSAL

A. Metro will accept proposals submitted by the proposer at the address and place shown in the Letter of Invitation, up to the date and time shown therein.

B. It is the proposer's sole responsibility to see that its proposal is received as stipulated. Metro may leave unopened any proposal received after the date and time for receipt of proposals. Any such unopened proposal may be returned to the proposer.

IP-12 PROPOSAL EVALUATION PROCESS

A. Metro shall review and evaluate the proposals in accordance with the requirements of solicitation documents, including any Good Faith Efforts submittals. Following the evaluation period the Notice of Intent to Award will be sent to all proposers and posted on Metro's website.

B. During the proposal evaluation period, staff shall determine if proposals are complete and proposers are responsible. Responsibility is defined as the apparent ability of the proposer to meet and successfully complete the requirements of the Contract. Responsibility includes, but is not limited to; consideration of a proposer's trustworthiness, the quality of past performance, financial ability, and fitness and capacity to do the proposed Work in a satisfactory manner. Proposers may be required to present further evidence that it has successfully performed similar Work of comparable magnitude or provide other proof satisfactory to Metro that it is competent to successfully perform the Work.

METRO GA18-54 INSTRUCTIONS TO PROPOSERS RFIQ NO. PS54330 3-4 PRO FORM 010 ISSUED: 06.06.18 REVISION DATE: 08.17.17 C. For solicitations over $100,000, a debriefing is available to interested parties after award. Proposers must request the debriefing in writing within five (5) days of receipt of the notice of intent to award. Debriefing will be held after award. Any request for a debriefing should be addressed to the Contracting Officer.

IP-13 WITHDRAWAL OF SUBMITTAL

The proposer by means of a written request, signed by the Proposer’s Representative, may withdraw a proposal. Such written request shall be delivered to the Contract Administrator identified in the Request for Proposal Letter prior to the award.

IP-14 PRE-AWARD AUDIT

Metro or its representatives, upon reasonable advance written notice, shall have the right to examine any books, records, accounts and other documents of any proposer to determine the reasonableness, allowability, and allocability of the proposal.

IP-15 METRO RIGHTS

Metro may investigate the qualifications of any proposer under consideration inclusive of, but not limited to, the information provided in the Pre-Qualification Application. Metro may require confirmation of information furnished by a proposer, and require additional evidence of qualifications to perform the Services described in this RFP. Metro reserves the right to:

1. Reject any or all of the proposals, at its discretion; 2. Remedy errors in the RFP; 3. Cancel the entire RFP; 4. Issue subsequent RFP; 5. Appoint evaluation committees to review proposals; 6. Seek the assistance of outside technical experts to review proposals; 7. Approve or disapprove the use of particular subcontractors and suppliers; 8. Establish a short list of proposers eligible for discussions after review of written proposals; 9. Solicit best and final offers (BAFO) from all or some of the proposers; 10. Negotiate with any, all or none of the proposers; 11. Award a contract to one or more proposers; 12. Accept other than the lowest priced proposal; 13. Disqualify the proposal(s) upon evidence of collusion with intent to defraud or other illegal practices on the part of the proposer(s);

METRO GA18-54 INSTRUCTIONS TO PROPOSERS RFIQ NO. PS54330 3-5 PRO FORM 010 ISSUED: 06.06.18 REVISION DATE: 08.17.17 14. Waive any informalities or irregularities in any proposal, to the extent permitted by law; and 15. Award a Contract without interviews, discussions or negotiations.

IP-16 PUBLIC RECORDS ACT

A. Responses to this RFP must be subject to the provisions of the California Public Records Act (California Code Government Code, §6250 et seq.).

B. Any documents provided by the Contractor to Metro marked "Trade Secret," "Confidential," or "Proprietary" or any financial records provided by the Contractor to Metro shall be handled in accordance with the General Condition entitled "Public Records".

IP-17 DISQUALIFICATION OF PROPOSERS

A. Organizational Conflict of Interest restrictions apply to this procurement. See SPECIAL PROVISION entitled, ORGANIZATIONAL CONFLICTS OF INTEREST.

B. Any person, firm, corporation, joint venture or partnership, or other interested party that has been compensated by Metro or a contractor engaged by Metro for assistance in preparing the RFP Documents and/or estimate shall be considered to have gained an unfair competitive advantage in proposing and shall be precluded from submitting a proposal in response to this RFP.

C. After the RFP is issued, any person, firm, corporation, joint venture or partnership, or other interested party that has discussions regarding this RFP with anyone within Metro other than the Contract Administrator may be considered to have gained an unfair competitive advantage. The enclosed Metro Lobby Ordinance, Certification of Conflict Checklist and Metro Code of Conduct shall govern the limits of participation. Non-compliance with these regulations could lead to disqualification. All communications with Metro shall be in accordance with the instruction, COMMUNICATIONS WITH METRO.

IP-18 FILING OF PROTESTS

A. All Protests must be filed and resolved in a manner consistent with the Metro, “PROTEST INSTRUCTIONS” (available for download at http://media.metro.net/ebb/protest.pdf).

B. Appeals related to a Pre-Qualification Denial must be filed in accordance with the Pre-Qualification Appeal entitled Contractor Pre-Qualification Program (available for download at http://media.metro.net/uploads/EBB/PQA/images/Vendor_Prequal_Program. pdf).

END OF INSTRUCTIONS TO PROPOSERS

METRO GA18-54 INSTRUCTIONS TO PROPOSERS RFIQ NO. PS54330 3-6 PRO FORM 010 ISSUED: 06.06.18 REVISION DATE: 08.17.17 DIVERSITY & ECONOMIC OPPORTUNITY DEPARTMENT SBE/DVBE INSTRUCTIONS TO BIDDERS/PROPOSERS

SECTION 100 - METRO POLICY STATEMENT

100 The Los Angeles County Metropolitan Transportation Authority (Metro) is the recipient of non-federal funds from state and local funding sources. It is Metro’s policy to provide maximum opportunity for Small Business Enterprises(s) and Disabled Veteran Business Enterprise(s) to compete and to foster increased SBE/DVBE participation in its procurement and contracting program. Metro shall take the following necessary and reasonable steps to ensure nondiscrimination in the award and administration of non-federally funded contracts:

1. Create a level playing field on which SBE/DVBEs can compete fairly for Metro contracts. 2. Ensure that only firms that fully meet the eligibility requirements of the Metro SBE/DVBE Program and the California Department of General Services (DGS) certification criteria are permitted to participate as SBE/DVBEs. 3. Assist in removing barriers to the participation of SBE/DVBEs in Metro contracts. 4. Assist the development of firms that can compete successfully in the marketplace outside the SBE/DVBE program.

101 INTERPRETATION:

Any conflict, error, omission or ambiguity which may arise between these instructions, California law and Metro’s SBE/DVBE Program shall be resolved first in favor of California Law and second in favor of Metro’s SBE/DVBE program. Failure of a Bidder/Proposer or its subcontractors, consultants, suppliers or other entities to carry out these requirements may be grounds for Metro to implement administrative penalties or other remedies imposed by Metro.

102 SUSPENSION OR DEBARMENT:

Suspension or debarment proceedings shall be initiated by Metro against any contractor for the following reasons:

1. The contractor attempts to participate in the Metro SBE/DVBE Program as a SBE/DVBE if the firm does not meet the eligibility criteria stated in the Certification Standards for SBE/DVBE programs and if it attempts to participate on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty. 2. In order to meet the SBE/DVBE subcontracting goals or other SBE/DVBE program requirements, the contractor, uses or attempts to use on the basis of false, fraudulent or deceitful statements or representations, another firm that does not meet the SBE/DVBE eligibility criteria stated in the certification standards.

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-7 PRO FORM 069B ISSUED: 06.06.18ISSUED: 06.06.18 REV. DATE: 12.30.16 In either case, Metro shall take action through the Diversity & Economic Opportunity Department (DEOD) and/or Metro’s Office of Inspector General for further action, and may refer the matter for prosecution under appropriate criminal statutes.

103 RESPONSIVESNESSTO SBE/DVBE CONTRACT GOAL:

If SBE/ DVBE contract goal are established for this contract, obtaining the contract goal is a matter of responsiveness. For an Offeror to be considered responsive, it must document that it obtained enough SBE/DVBE participation to meet or exceed the goal at time of proposal due date. Bidders/Proposers that do not meet the goal will not be eligible for award.

Offerors shall provide the following:

1. Names and addresses of SBE/DVBE firms that will participate in this contract;

2. Description of the work each SBE/DVBE will perform. To count toward meeting the SBE/DVBE goal, each SBE/ DVBE firm(s) must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract;

3. Dollar commitments of each SBE/ DVBE firm(s) participating;

4. Written documentation of the Offeror’s commitment to use a SBE/DVBE subcontractor(s) whose participation it submits to meet the contract goal;

5. Written confirmation from each listed SBE/ DVBE that it is participating in the contract in the kind and amount of work as provided in the prime contractor’s commitment

104 SBE/DVBE COMMITMENT(S):

After contract award, all SBE/DVBE commitment percentages made by Bidders/Proposers at the time of contract award, are monitored and enforced from contract inception through completion. Failure to meet the SBE/DVBE commitment may result in penalties and/or administrative sanctions. SBE/DVBE administrative requirements for this contract are provided in the Contract Compliance Manual (Non- Federal) incorporated as part of the conformed contract.

105 METRO OVERALL SBE/DVBE GOAL:

Metro establishes an overall annual goal for SBE/DVBE participation. The overall SBE/DVBE goal applies to non-federally funded contracts that Metro expects to award for the fiscal year. Metro supports the use of race neutral measures to facilitate participation of SBE/DVBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own workforce. To ascertain whether the overall SBE/DVBE goal is being achieved, Metro will track the dollar amount(s) paid to SBE/DVBE firms performing contract work that is eligible to be credited toward Metro’s overall goal.

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-8 PRO FORM 069B ISSUED: 06.06.18ISSUED: 06.06.18 REV. DATE: 12.30.16 106 SBE/DVBE BID/PROPOSAL FORMS:

Bidders/Proposers shall submit with its proposal completed SBE/DVBE Forms as provided in Instructions to Bidders/Proposers (Reference: TABLE 1 – SBE/DVBE PROPOSAL FORMS). Failure to submit completed SBE/DVBE may deem the proposer non-responsive.

107 INFORMATION MUST BE CURRENT, ACCURATE AND COMPLETE:

Bidders/Proposers shall ensure all information provided in its response to the SBE/DVBE requirements are current, accurate, and complete.

108 SBE/DVBE INFORMATION:

Bidders/Proposers are informed of the following:

1. SBE firms listed to meet the SBE goal must be SBE certified by Metro. (Reference: Section D300 SBE Certification Requirements). 2. DVBE firms listed to meet the DVBE goal must be certified by the California Department of General Services (DGS). (Reference Section D303 DVBE Certification Requirements). 3. An SBE/DVBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company. 4. An SBE/DVBE joint venture or teaming partner must be responsible for performing a clearly defined scope of work. SBE/DVBE joint venture partners must actually perform, manage and supervise the work with its own workforce; and share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. SBE/DVBE teaming partners must perform the share of work specified by the teaming agreement. 5. An SBE/DVBE must perform a commercially useful function, by being responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising at least 30% of the project work with its own workforce (See: Section D201- “Commercially Useful Function”).

109 SBE/DVBE OUTREACH:

Bidders/Proposers shall outreach to SBE/DVBE firms in all available subcontract work categories identified for this contract. The following are recommended outreach efforts that Bidders/Proposer can undertake to provide maximum opportunities to SBE/DVBE firms include the following:

1. Solicit certified SBE/DVBE firms that have the capability to perform the work of the contract through all available means (e.g. attendance at pre-proposal meetings, advertising and/or written notices). Provide sufficient time for SBE/DVBE firms to respond and take appropriate steps to follow-up initial solicitations.

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-9 PRO FORM 069B ISSUED: 06.06.18ISSUED: 06.06.18 REV. DATE: 12.30.16 2. Select portions of work to be performed by SBE/DVBE firms in order to obtain SBE/DVBE participation, which may include breaking out contract work items into economically feasible units to facilitate SBE/DVBE participation even when the Proposer/Proposer might otherwise prefer to perform these work items with its own work forces. 3. Provide interested SBE/DVBE firms with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist with response to a solicitation. 4. Negotiate with SBE firms. 5. Make efforts to assist interested SBE firms in obtaining lines of credit or insurance as required for the contract. 6. Effectively use the services of available small business organizations and other business assistance offices to provide assistance in the recruitment of SBE firms.

110 REPLACEMENT OF A SBE/DVBE FIRM:

If an Offeror lists an SBE/DVBE and is subsequently denied prequalification prior to award, the Offeror must first seek to replace the SBE/DBVE with another SBE/DVBE firm. Offerors shall submit a written request for Metro’s approval, prior to replacing a SBE/DVBE subcontractor. Bidders/Proposers shall indicate the scope of work and dollar commitment for the replaced subcontractor, and document dollar commitment and the scope of work to be performed by the SBE/DVBE replacement.

SECTION 200 - CALCULATING AND COUNTING SBE/DVBE PARTICIPATION

200 COMMERCIALLY USEFUL FUNCTION:

SBE/DVBE primes and subcontractors, at any tier, must perform a Commercially Useful Function (CUF). An SBE/DVBE firm performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, an SBE/DVBE must o be responsible, for materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a SBE/DVBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the SBE/DVBE credit claimed for its performance of the work, and other relevant factors.

A SBE/DVBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SBE/DVBE participation. If a SBE/DVBE does not perform or exercise responsibility for at least 30 percent (30%) of the total cost of its contract with its own work force, or the SBE/DVBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, Metro must presume that the SBE/DVBE is not performing a commercially useful function.

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-10 PRO FORM 069B ISSUED: 06.06.18ISSUED: 06.06.18 REV. DATE: 12.30.16 When a SBE/DVBE is presumed not to be performing a commercially useful function, the SBE/DVBE may present evidence in writing to rebut this presumption. Metro may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices. Metro decisions on commercially useful function, but are not administratively appealable.

201 CALCULATING SBE/DVBE PARTICIPATION:

Metro is only able to count toward the achievement of the SBE/DVBE commitment percentage the value of actual dollar paid for work actually performed by SBE/DVBE firms. There will be no credit for work performed by a non-SBE/DVBE prime and/or subcontractor. Offerors are encouraged to consider achieving SBE/DVBE goal by purchasing materials and commodities from SBE/DVBE firms. SBE/DVBE participation listed in the proposal or proposal must comply with the provisions of this section.

Counting guidelines are provided as follows:

1. SBE/DVBE as the Prime Contractor: SBE/DVBE prime shall receive 100% credit for that portion of the work it performs with its own workforce including the cost of materials and supplies. Work that a SBE/DVBE prime subcontracts to a non-SBE/DVBE firm does not count toward the SBE/DVBE commitment. 2. SBE/DVBE as a Joint Venture Contractor: 100% SBE/DVBE credit for that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work performed by the SBE/DVBE’s own forces. 3. SBE/DVBE as a Teaming Partner: 100% SBE/DVBE credit for that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work performed by the SBE/DVBE’s own forces. 4. SBE/DVBE as a Subcontractor: 100% SBE/DVBE credit for the work of the subcontract performed by the SBE/DVBE’s own forces, including the cost of materials and supplies, excluding the purchase of materials and supplies or the lease of equipment by the SBE/DVBE subcontractor from the prime contractor or its affiliates. Work that a SBE/DVBE subcontractor in turn subcontracts to a non-SBE/DVBE firm does not count toward the SBE/DVBE. 5. SBE/DVBE as a Material Supplier or Broker: a) 60% SBE/DVBE credit for the cost of the materials or supplies purchased from a SBE/DVBE regular dealer. b) 100% SBE/DVBE credit for the cost of materials or supplies obtained from a SBE/DVBE manufacturer.

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-11 PRO FORM 069B ISSUED: 06.06.18ISSUED: 06.06.18 REV. DATE: 12.30.16 c) 100% SBE/DVBE credit for the value of reasonable fees and commissions for the procurement of materials and supplies if not a regular dealer or manufacturer. 6. SBE/DVBE as a Trucker: 100% SBE/DVBE credit for trucking participation provided the SBE/DVBE is responsible for the management and supervision of the entire trucking operation for which it is responsible. At least one truck owned, operated, licensed and insured by the SBE/DVBE must be used on the contact. Credit will be given for the full value of all such SBE/DVBE trucks operated using SBE/DVBE employed drivers. SBE/DVBE credit will be limited to the value of the reasonable fee or commission received by the SBE/DVBE if trucks are leased from a non- SBE/DVBE company. Metro uses the following six (6) factors in determining whether to count expenditures to a SBE/DVBE trucking firm, to determine if it is performing a commercially useful function: a) The SBE/DVBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract and there cannot be a contrived arrangement for the purpose of meeting SBE/DVBEs. b) The SBE/DVBE must itself own and operate at least one fully licensed, insured and operational truck used on the contract. c) The SBE/DVBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. d) The SBE/DVBE may lease trucks from another SBE/DVBE firm, including an owner-operator who is certified as a SBE/DVBE. The SBE/DVBE who leases the trucks from another SBE/DVBE receives credit for the total value of the transportation services the lessee SBE/DVBE provides on the contract. e) The SBE/DVBE may also lease trucks from a non-SBE/DVBE, including an owner-operator. The SBE/DVBE who leases trucks from a non-SBE/DVBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The SBE/DVBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a SBE/DVBE. f) For the purposes of determining whether a SBE/DVBE trucking company is performing a commercially useful function, a lease must indicate that the SBE/DVBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the SBE/DVBE, so long as the lease gives the SBE/DVBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the SBE/DVBE.

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-12 PRO FORM 069B ISSUED: 06.06.18ISSUED: 06.06.18 REV. DATE: 12.30.16 SECTION 300 - SMALL BUSINESS ENTERPRISE AND DISABLED VETERAN BUSINESS ENTERPRISE CERTIFICATION

300 SBE CERTIFICATION REQUIREMENTS:

A firm only holding a current certification SBE certification may participate in the Metro SBE Program. Firms listed by Offerors to meet established SBE goals must be certified by bid/proposal due date. Metro has a responsibility to ensure that eligible SBE firms participate in the award of Metro contracts. If not, that firm’s participation may not be counted as SBE participation in the contract. Bidders/Proposers shall ensure SBE firms are certified in the North American Industry Classification System (NAICS) codes for the work in which the SBE firm is listed to perform and for which the Proposer seeks SBE credit towards its SBE commitment. Certifications as a Metro SBE firm, means the firm met the SBE certification requirements and eligibility standards described in Metro’s SBE Program.

301 SBE CERTIFICATION STANDARDS:

Metro follows the standards and procedures defined by Metro SBE Program Subpart E to determine whether an applicant is eligible for SBE certification. These standards and procedures are described in detail in the Certification Instructions, provided with the Application for Certification. Interested individuals or companies will start the process by obtaining a copy of the SBE Application and SBE Certification Instructions.

302 SBE CERTIFICATION ELIGIBILITY:

1. Each applicant for SBE certification must prove to Metro’s Certification Unit, by a preponderance of the evidence, that the applicant meets the criteria of economic disadvantage, business size, ownership and control. 2. An eligible SBE firm, including its affiliates, must be an existing small business, defined by the Metro SBE Program as appropriate to the type of work that the firm seeks to perform on each non-federally funded contract. 3. Certifications with respect to economic disadvantage, including signed statements of personal net worth and supporting documentation are required. If an individual’s Statement of Personal Net Worth shows that the individual’s personal net worth exceeds $1.32 million the individual’s presumption of economic disadvantage is rebutted and the person is not qualified to be a SBE owner. 4. The applicant firm can only be an eligible SBE, if the firm, including its affiliates, has had average gross receipts over the previous three years of less than $23.98 million or as adjusted for inflation by the US Secretary of Transportation. 5. A firm’s ownership by economically disadvantaged individuals must be real, substantial and continuing, going beyond pro forma ownership of the firm as reflected in merely the ownership documents. 6. The firm must be independent and not depend on its relationship with another firm or firms to be viable.

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-13 PRO FORM 069B ISSUED: 06.06.18ISSUED: 06.06.18 REV. DATE: 12.30.16 303 DVBE CERTIFICATION REQUIREMENTS:

A firm only holding a current certification as an eligible Disabled Veteran Business Enterprise (DVBE) from the California Department of General Services (DGS) may participate in the Metro SBE/DVBE Program. Firms listed by Bidders to meet an established DVBE subcontracting goal must be certified by bid due date. If not, that firm’s participation may not be counted as DVBE participation in the contract. Bidders can search for current DGS certified DVBE firms at the following website: http://www.bidsync.com/DPXBisCASB.

304 DVBE CERTIFICATION ELIGIBILITY:

Metro follows DGS criteria to determine whether an applicant holds a current DVBE certification. For an updated list of DVBE eligibility criteria and application instructions see the following website: http://www.dgs.ca.gov/pd/Programs/OSDS.aspx.

305 VERIFY THAT SBE/DVBE CERTIFICATION IS CURRENT:

SBE Certification is granted for a period of five years. The certification expiration date is included in the SBE certification letter issued by Metro. An SBE could become inactive or ineligible during its certification. Only SBEs with a valid certification status are eligible to participate in the SBE preference program and to be counted toward the achievement of SBE subcontracting goals.

Bidders/Proposers shall confirm the SBE certification status of listed SBE firms. To verify status of firms, for additional certification information, questions and to obtain a certification application, Bidders/Proposers or other interested parties may contact the Metro Certification Unit via email at [email protected] and by calling the DEOD Hotline at (213) 922-2600. Requests for verification of a firm’s SBE certification status, granted by Metro, can also be sent by fax to (213) 922-7660. It is recommended that verification be made within 72 hours of the proposal due date.

Bidders/Proposers shall include in its proposal a copy of the SBE/DVBE certification letter for each SBE/DVBE firm listed in its proposal. The letter serves to assist in verifying a firm’s eligibility.

Metro follows DGS criteria to determine whether an applicant holds a current DVBE certification.

To verify the status of DVBE firms Bidders/Proposers should visit the following website: http://www.bidsync.com/DPXBisCASB. The website lists all certified DVBE firms.

Bidders/Proposers may also contact their local Elite Chapter for a list of local DVBE firms at the following website: http://www.elitesdvob.org/joomla/index.php?option=com_wrapper&view=wrap per&Itemid=72

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-14 PRO FORM 069B ISSUED: 06.06.18ISSUED: 06.06.18 REV. DATE: 12.30.16 TABLE 1 - SBE/DVBE BID/PROPOSAL FORMS

To Be Completed By Form Form Name No. Prime All (Includes SBE/DVBE Primes) Subcontractors/Suppliers Proposed Subcontractors & Form 1 Suppliers Form 2 Affidavit

Form 3 Business Data Sheet Proposed lower tier Subcontractors Form 4 & Suppliers SBE/DVBE Affirmation Form 5 (Only if subcontracting with SBE/DVBE business)

 The Prime is required to complete and submit SBE/DVBE Forms 1, 2 and 3. The Prime is required to jointly complete and submit Form 5 if subcontracting with a SBE/DVBE business.  All Subcontractors/Suppliers are required to complete and submit Form 3 and 4. SBE/DVBE subcontractors and Suppliers are required to jointly complete and submit Form 5 when subcontracting with the Prime.

SBE/DVBE Forms 1 -5 are available in the SBE/DVBE Instructions to Offerors (document 069B) on Metro’s website.

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-15 PRO FORM 069B ISSUED: 06.06.18 REV. DATE: 12.30.16 FORM 1 - PROPOSED SUBCONTRACTORS & SUPPLIERS PRIME ONLY The Prime is requested to list ALL first-tier businesses which include SBE/DVBEs & Non SBE/DVBEs to be utilized on this project. Completion of this form and Form 3, Business Data Sheet also fulfills the requirements of the California Subletting and Subcontracting Fair Practices Act.

1. IFB/RFP/RFIQ Number: 2. Project Name:

3. Total Bid/Proposal Price: 4. Today’s Date: ABCDEFGH Is Business an INDICATE BELOW FOR Subcontractors: SBE(S) ALL SUBCONTRACTORS: $ Amount for /DVBE Subcontractors: Subcontractors: $ Amount in C = Consultant Supplies in Column (D) OR $ Amount of Work $ Amount in Column “D” to be NAME OF PROPOSER AND Or Contractor “D” NONE Bid/Proposal in Column “D” to be Column “D” to be Counted toward ALL SUBCONTRACTORS S = Supplier to be Counted ( 1ST TIER) OF THE Price Performed with SUBCONTRACTED SBE/DVBE Goal M= Manufacturer toward SBE/DVBE ABOVE Subcontractor’s Excluding B = Broker Goal (N)? Own Work Force (if any): Supplier Cost T = Trucker (Supplier Cost in JV = Joint Venture Column “D” x 0.6) Circle Only One Prime’s $ Amount Prime SDN with its own workforce 1. SDN 2. SDN

3. SDN

4. SDN

5. SDN

6. SDN 7. TOTAL (should add up to equal Total Bid/Proposal Price listed above on #3)

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-16 PRO FORM 069B ISSUED: 06.06.18 REV. DATE: 12.30.16 FORM 2 - AFFIDAVIT PRIME ONLY Complete Parts A and C or Parts B and C. Part A: SBE/DVBE – Met or Exceeded Goal

HAS LISTED SBE/DVBE PARTICIPATION FOR THIS CONTRACT

The Offeror declares to the best of its knowledge, information and belief that by its efforts, it ACHIEVED a level of participation greater than or equal to the SBE/DVBE goal established by Metro for SBE/DVBE participation.

The Offeror declares it achieved the following SBE percentage:

______Percent (____ %)

The Offeror declares it achieved the following DVBE percentage:

______Percent (____ %)

Part B: SBE/DVBE – Did Not Meet Goal

HAS NOT LISTED SBE/DVBE PARTICIPATION FOR THIS CONTRACT

The Offeror declares to the best of its knowledge, information and belief that while it made efforts to achieve the SBE/DVBE goal, it DID NOT ACHIEVE the SBE/DVBE goal established by Metro.

The Offeror achieved the following SBE percentage:

______Percent (____ %)

The Offeror achieved the following DVBE percentage:

______Percent (____ %)

For an Offeror to be considered responsive to the SBE/DVBE goal, it must meet or exceed the goal at time of proposal due date. Good Faith Efforts (GFE) is no longer accepted if the goal is not met. Bidders/Proposers that do not meet the goal will not be eligible for award.

Part C: SIGNATURE

Executed on: ______, 20 ___, at, ______, ______Date City State

Business Name: ______

Business Address ______Street City State

Authorized Signature: ______

Printed Name: ______Title: ______

Phone: ______Email: ______

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-17 PRO FORM 069B ISSUED: 06.06.18 REV. DATE: 10.28.15 FORM 3 - BUSINESS DATA SHEET Page 1 of 2

If “SBE” is checked in #2 or #3B, a copy of certification letter for the SBE business must be attached to this Form.

1. Business Name: ______

2. Is your business currently a SBE1 SBE Non-SBE a. certified by the LACMTA? If marked “SBE”, a copy of certification letter for this business must be attached to this Form.

3. Is your business currently a DVBE DVBE Non-DVBE a. certified by the California Dept. of General Services?

3A. Is your business currently participating in a Joint Venture Yes No

If answered YES, a copy of the Joint Venture Agreement must be attached to this Form.

3B. Name of Joint Venture and Partners. Is this business currently a certified SBE/DVBE? SBE Non-SBE DVBE

a. Business Name ______Name of Certifying Agency ______

b. Business Name ______Name of Certifying Agency ______

c. Business Name ______Name of Certifying Agency ______

If marked “SBE”, a copy of certification letter for the business must be attached to this Form.

3. Primary Business Address ______Street City State Zip

4. Mailing Address ______(if different from above) PO.BoxorStreetAddress City State Zip

5. County Business is located in ______

6. Name of Contact Person ______, ______Title

7. Phone ( ) ______- ______14. Email Address ______

15. Fax ( ) ______-______16. Age of Business ______Years ______Months

17. If your business requires a license, complete below. 18. Business Annual Gross Receipts:

a. License Type ______a. Less than $500,000 b. $500,000 to $1,000,000 b. License # ______c. $1,000,000 to $2,000,000 d. $2,000,000 to $5,000,000 c. Expires on ______e. Over $5,000,000

1 The Prime must independently verify the current certification status for each of their proposed subcontractors on or before the date the proposal/proposal is opened. SBE/DVBE business must be certified by proposal/proposal due date. A copy of the SBE certification letter must be submitted with the proposal/proposal. METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-18 PRO FORM 069B ISSUED: 06.06.18 REV. DATE: 12.30.15 FORM 3 - BUSINESS DATA SHEET (Continued) Page 2 of 2

Part B: Work Descriptions

19. Provide complete description of scope of work, services, and materials to be performed/furnished by your firm for this contract:2

19a. Provide NAICS2 code(s) for scope(s) of work listed above:

20. Will your business provide trucking company services on this project? Please mark one: Yes No

If marked YES, please complete items a. to c. below. If answered NO, answer “Not Applicable.”

a. How many trucks does your company own ______

b. How many trucks does your company lease? ______

c. How many trucks are registered to your company? ______

Part C: Signature

The undersigned Director, Officer, General Partner, or similarly situated Principal of the business declares he/she is informed and believe, and thereon allege, that to the best of their knowledge, information and belief, the information set forth on this page of this document and any attachments, is current, complete and accurate.

Business Name:

Authorized Signature: Signature of Director, Officer, General Partner or similarly situated Principal of the Business Printed Name: Title: Date:

2 The NAICS web site http://www.bls.gov/bls/NAICS.htm

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-19 PRO FORM 069B ISSUED: 06.06.18 REV. DATE: 12.30.15 FORM 4 - PROPOSED LOWER TIER SUBCONTRACTORS & SUPPLIERS

To Be Completed By All Subcontractors Listed on Form 1

All subcontractors listed on Form 1 that are subcontracting work are requested to list ALL lower-tier businesses, which include SBE/DVBEs & Non SBE/DVBEs to be utilized on this project. Completion of this form and Form 3, Business Data Sheet fulfills the requirements of the California Subletting and Subcontracting Fair Practices Act. 1. Your Business Name: 2. Project Name: 3. Your Bid/Proposal Price: 4. Your Prime Name:

ABCDEFGH Is Business INDICATE BELOW Subcontractors: an SBE(S)FOR ALL $ Amount for /DVBE SUBCONTRACTORS: Subcontractors: Subcontractors: $ Amount in Supplies in Column NAME OF PROPOSER AND (D) OR C = Consultant $ Amount of Work $ Amount in Column “D” to be “D” ALL SUBCONTRACTORS NONE Or Contractor Bid/Proposal in Column “D” to be Column “D” to be Counted toward to be Counted ( 1ST TIER) OF THE S = Supplier Price Performed with SUBCONTRACTED SBE/DVBE Goal toward SBE/DVBE ABOVE M= Manufacturer Subcontractor’s Excluding Goal (N)? B = Broker Own Work Force (if any): Supplier Cost T = Trucker (Supplier Cost in Column “D” x 0.6) Circle JV = Joint Venture Only One Your Business’ Your Amount $ (with own Bus. SDN workforce)

1 S D N 2 S D N

3 S D N

4 S D N 5 TOTAL should add up to equal “Your Bid/Proposal Price” listed above in #3

METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-20 PRO FORM 069B ISSUED: 06.06.18 REV. DATE: 12.30.16 FORM 5 – SBE/DVBE AFFIRMATION

TO BE COMPLETED BY PRIME AND ALL SUBCONTRACTORS THAT WILL SUBCONTRACT TO A SBE/DVBE BUSINESS

Prime and subcontractor(s) at any tier level that will subcontract work to a SBE/DVBE business are requested to complete this form to affirm that it will utilize the SBE/DVBE businesses listed on Form 1 or Form 3. This form must be signed by the SBE/DVBE business acknowledging that it has submitted a written quote to the respective Prime or Subcontractor, and has been listed to perform work on this contract. 1. IFB/RFP/IFB Number ______

2. Project Name ______

3. Name of the Prime ______

4. Primary Business Address ______Street City State Zip

5. Name of Proposed SBE Business ______

6. Name of Proposed DVBE Business ______

7. Business Address ______Street City State Zip 8. Financial Description Total $ Amount listed for this SBE business is $ ______(amount should match $ Amount listed for this business on Form 1 or Form 3 ) 9. Financial Description Total $ Amount listed for this DVBE business is $ ______(amount should match $ Amount listed for this business on Form 1 or Form 3)

10. Technical Description Identify the scope of work that will be performed by this SBE/DVBE business. Also, provide applicable Northern America Industry Classification System (NAICS) code(s).

[NAICS Code(s)]

Affirmation: Signatures of the authorized representatives of this Contractor and of the SBE/DVBE business below represent the commitment by both parties to enter into a formal subcontract agreement for the work and any terms or conditions described above and in the accompanying attachments, conditioned on the Proposer/Proposer being awarded this Contract.

Name of Business Name of SBE/DVBE Business

Authorized Signature of Business3 Authorized Signature of SBE/DVBE Business

Typed or Printed Name of Signee Typed or Printed Name of Signee

Title of Signee Title of Signee

Date Date

Telephone Email Telephone Email

3 Signature of the Contractor to which the SBE/DVBE business will report to directly. METRO GA18-54 SBE/DVBE INSTR TO BIDDERS/PROPOSERS (NON-FED) RFIQ NO. PS54330 3-21 PRO FORM 069B ISSUED: 06.06.18 REV. DATE: 12.30.16 SBE INSTRUCTIONS TO BIDDERS/PROPOSERS AND FORMS (SET ASIDE)

SECTION 100 SBE PROGRAM

100 METRO POLICY STATEMENT: The Los Angeles County Metropolitan Transportation Authority (Metro) is the recipient of non-federal funds from state and local funding sources. It is Metro’s policy to provide maximum opportunity for Small Business Enterprises(s) to compete and to foster increased SBE participation in its procurement and contracting program. Metro shall take all necessary and reasonable steps to ensure nondiscrimination in the award and administration of with non-federal funds.

1. To take all reasonable steps to ensure nondiscrimination in the award and administration of non-federally funded contracts. 2. To create a level playing field on which SBEs can compete fairly for Metro contracts. 3. To ensure that only firms that fully meet the eligibility requirements of the Metro SBE Program are permitted to participate as SBEs. 4. To help remove barriers to the participation of SBEs in Metro contracts. 5. To assist the development of firms that can compete successfully in the marketplace outside the SBE program.

101 INTERPRETATION: Any conflict, error, omission or ambiguity which may arise between these instructions, California law and Metro’s SBE Program shall be resolved first in favor of California Law and second in favor of Metro’s SBE program. Failure of a Proposer or its subcontractors, consultants, suppliers or other entities to carry out these requirements may be grounds for Metro to implement administrative penalties or other remedies imposed by Metro.

102 SUSPENSION OR DEBARMENT

a) Suspension or debarment proceedings may be initiated by Metro against any firm:

1. That attempts to participate in the Metro SBE Program as a SBE if the firm does not meet the eligibility criteria stated in the Certification Standards for SBE programs and if it attempts to participate on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty.

2. That in order to be eligible for the SBE Set-Aside program, to meet the SBE subcontracting goals or other SBE program requirements uses or attempts to use on the basis of false, fraudulent or deceitful statements or representations, another firm that does not meet the SBE eligibility criteria stated in the certification standards.

In either case, Metro shall take action through the Diversity & Economic Opportunity Department and/or Metro’s Office of Inspector General further action and may refer the matter for prosecution under appropriate criminal statutes. SBE INSTR TOBIDDERS/PROPOSERS SET-ASIDE (NON FED) LACMTA GA18-54 PRO FORM 069C RFIQ NO. PS54330 3-22 REVISION DATE:: 12.30.16 ISSUED: 06.06.18 103 SBE PROPOSAL FORMS: Bidders/Proposers shall submit with its proposal completed SBE Forms as provided in these Instructions to Bidders/Proposers (See: TABLE 1 – SBE PROPOSAL FORMS).

104 SBE PARTICIPATION: After contract award, SBE participation percentage(s) for SBE subcontractors, consultants or suppliers, listed by the Bidder/Proposer at time of bid or proposal will be monitored and enforced from contract inception through the term of contract. Failure to meet the SBE commitment may result in penalties and/or administrative sanctions. SBE administrative requirements for this contract are provided in the Contract Compliance Manual (Non-Federal) incorporated as part of the conformed contract.

105 METRO OVERALL SBE GOAL: Metro has set an overall goal for SBE participation. The overall SBE goal applies to non-federally funded contracts Metro expects to expend for the fiscal year. Metro supports the use of race neutral measures to facilitate participation of SBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own forces. To ascertain whether the overall SBE goal is being achieved, Metro will track the dollar amount(s) paid to all certified SBE firms performing work called for in this contract that is eligible to be credited toward Metro’s overall goal.

106 INFORMATION MUST BE CURRENT ACCURATE AND COMPLETE

Proposers shall ensure all information provided in its response to the SBE requirements are current, accurate, and complete. Metro will perform an independent review and assessment of the data and information provided.

107 SBE INFORMATION: Bidders/Proposers are informed of the following:

1. SBE firms listed to meet the SBE goal must be SBE certified by Metro. (See: Section 300 SBE Certification Requirements). 2. An SBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company. 3. An SBE joint venture partner must be responsible for performing a clearly defined scope of work. SBE joint venture partners must actually perform, manage and supervise the work with its own forces; and share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. 4. An SBE must perform a commercially useful function, by being responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising at least 30% of the project work with its own workforce (See: Section 200- “Commercially Useful Function”).

108 RECOMMENDED SBE OUTREACH: Bidders/Proposers shall outreach to SBE firms in all available subcontract work categories identified for this contract. The following are recommended outreach efforts the Proposer/Proposer can undertake to provide maximum opportunities to SBE firms include the following:

SBE INSTR TOBIDDERS/PROPOSERS SET-ASIDE (NON FED) LACMTA GA18-54 PRO FORM 069C RFIQ NO. PS54330 3-23 REVISION DATE:: 12.30.16 ISSUED: 06.06.18 1. Solicit certified SBE firms that have the capability to perform the work of the contract through all available means (e.g. attendance at pre-proposal meetings, advertising and/or written notices). Provide sufficient time for SBE firms to respond and take appropriate steps to follow-up initial solicitations. 2. Select portions of work to be performed by SBE firms in order to obtain SBE participation, which may include breaking out contract work items into economically feasible units to facilitate SBE participation even when the Proposer/Proposer might otherwise prefer to perform these work items with its own work forces. 3. Provide interested SBE firms with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist with response to a solicitation. 4. Negotiate in good faith with SBE firms. 5. Make efforts to assist interested SBE firms in obtaining lines of credit or insurance as required for the contract. 6. Effectively use the services of available small business organizations and other business assistance offices to provide assistance in the recruitment of SBE firms.

109 REPLACEMENT OF AN SBE FIRM: If a Proposer lists an SBE subcontractor, subconsultant or supplier firm that is subsequently denied prequalification, or if for any reason SBE firm cannot perform under contract and must be replaced, the Proposer shall use its best efforts to replace the SBE with another SBE firm. The Proposer shall submit a written request to Metro for approval, prior to replacing an SBE. The Bidders/Proposers’ written request shall include the scope of work and dollar commitment for the replaced SBE and the SBE replacement.

SECTION 200 CALCULATING AND COUNTING SBE PARTICIPATION

200 COMMERCIALLY USEFUL FUNCTION: SBE primes and subcontractors, at any tier, must perform a Commercially Useful Function (CUF). A SBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the SBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a SBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the SBE credit claimed for its performance of the work, and other relevant factors.

A SBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SBE participation. If a SBE does not perform or exercise responsibility for at least 30 percent (30%) of the total cost of its contract with its own work force, or the SBE subcontracts a greater portion of the SBE INSTR TOBIDDERS/PROPOSERS SET-ASIDE (NON FED) LACMTA GA18-54 PRO FORM 069C RFIQ NO. PS54330 3-24 REVISION DATE:: 12.30.16 ISSUED: 06.06.18 work of a contract than would be expected on the basis of normal industry practice for the type of work involved, Metro must presume that the SBE is not performing a commercially useful function.

When a SBE is presumed not to be performing a commercially useful function, the SBE may present evidence in writing to rebut this presumption. Metro may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices. Metro decisions on commercially useful function, but are not administratively appealable.

201 CALCULATING SBE PARTICIPATION: Metro is only able to count toward the achievement of the SBE commitment percentage the value of actual dollar paid for work actually performed by SBE firms. There will be no credit for work performed by a non-SBE prime and/or subcontractor. SBE participation listed in the proposal or proposal must comply with the provisions of this section.

Counting guidelines are provided as follows:

1. SBE as the Prime Contractor: 100% SBE credit for that portion of the work performed by the SBE’s own forces, including the cost of materials and supplies. Work that a SBE prime subcontracts to a non-SBE firm does not count toward the SBE.

2. SBE as a Joint Venture Contractor: 100% SBE credit for that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work performed by the SBE’s own forces.

3. SBE as a Subcontractor: 100% SBE credit for the work of the subcontract performed by the SBE’s own forces, including the cost of materials and supplies, excluding the purchase of materials and supplies or the lease of equipment by the SBE subcontractor from the prime contractor or its affiliates. Work that a SBE subcontractor in turn subcontracts to a non-SBE firm does not count toward the SBE.

4. SBE as a Material Supplier or Broker:

a) 60% SBE credit for the cost of the materials or supplies purchased from a SBE regular dealer.

b) 100% SBE credit for the cost of materials or supplies obtained from a SBE manufacturer.

c) 100% SBE credit for the value of reasonable fees and commissions for the procurement of materials and supplies if not a regular dealer or manufacturer.

5. SBE as a Trucker: 100% SBE credit for trucking participation provided the SBE is responsible for the management and supervision of the entire trucking operation for which it is responsible. At least one truck owned, operated, licensed and insured by the SBE must be used on the contact. Credit will be given for the

SBE INSTR TOBIDDERS/PROPOSERS SET-ASIDE (NON FED) LACMTA GA18-54 PRO FORM 069C RFIQ NO. PS54330 3-25 REVISION DATE:: 12.30.16 ISSUED: 06.06.18 full value of all such SBE trucks operated using SBE employed drivers. SBE credit will be limited to the value of the reasonable fee or commission received by the SBE if trucks are leased from a non-SBE company. Metro uses the following six (6) factors in determining whether to count expenditures to a SBE trucking firm, to determine if it is performing a commercially useful function:

a) The SBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract and there cannot be a contrived arrangement for the purpose of meeting SBEs.

b) The SBE must itself own and operate at least one fully licensed, insured and operational truck used on the contract.

c) The SBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.

d) The SBE may lease trucks from another SBE firm, including an owner- operator who is certified as a SBE. The SBE who leases the trucks from another SBE receives credit for the total value of the transportation services the lessee SBE provides on the contract.

e) The SBE may also lease trucks from a non-SBE, including an owner- operator. The SBE who leases trucks from a non-SBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The SBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a SBE.

f) For the purposes of determining whether a SBE trucking company is performing a commercially useful function, a lease must indicate that the SBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the SBE, so long as the lease gives the SBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the SBE.

SECTION 300 SMALL BUSINESS ENTERPRISE CERTIFICATION

300 CERTIFICATION REQUIREMENTS

A firm only holding a current certification as an eligible Metro SBE may participate in the Metro SBE Program. Firms listed by Bidders/Proposers to meet an established SBE subcontracting goal and to be eligible for the small business preference must be Metro certified by proposal due date. Metro has a responsibility to ensure that eligible SBE firms participate in Metro contracting. If not, that firm’s participation may not be counted as SBE participation in the contract. Bidders/Proposers shall ensure SBE firms are certified in the North American Industry Classification System (NAICS) codes for the work in which the SBE firm is listed to perform and for which the

SBE INSTR TOBIDDERS/PROPOSERS SET-ASIDE (NON FED) LACMTA GA18-54 PRO FORM 069C RFIQ NO. PS54330 3-26 REVISION DATE:: 12.30.16 ISSUED: 06.06.18 Proposer seeks SBE credit towards its SBE commitment. Certifications as a Metro SBE firm, means the firm met the SBE certification requirements and eligibility standards described in Metro’s SBE Program.

301 SBE CERTIFICATION STANDARDS

302 SBE CERTIFICATION ELIGIBILITY

2. An eligible SBE firm, including its affiliates, must be an existing small business, defined by the Metro SBE Program as appropriate to the type of work that the firm seeks to perform on each non-federally funded contract.

3. Certifications with respect to economic disadvantage, including signed statements of personal net worth and supporting documentation are required. If an individual’s Statement of Personal Net Worth shows that the individual’s personal net worth exceeds $1.32 million the individual’s presumption of economic disadvantage is rebutted and the person is not qualified to be a SBE owner.

4. The applicant firm can only be an eligible SBE, if the firm, including its affiliates, has had average gross receipts over the previous three years of less than $22.41 million or as adjusted for inflation by the US Secretary of Transportation.

5. A firm’s ownership by economically disadvantaged individuals must be real, substantial and continuing, going beyond pro forma ownership of the firm as reflected in merely the ownership documents.

6. The firm must be independent and not depend on its relationship with another firm or firms to be viable.

303 VERIFY THAT SBE CERTIFICATION IS CURRENT

SBE INSTR TOBIDDERS/PROPOSERS SET-ASIDE (NON FED) LACMTA GA18-54 PRO FORM 069C RFIQ NO. PS54330 3-27 REVISION DATE:: 12.30.16 ISSUED: 06.06.18 Proposers shall confirm the SBE certification status of listed SBE firms. To verify status of firms, for additional certification information, questions and to obtain a certification application, Bidders/Proposers or other interested parties may contact the Metro Certification Unit via email at [email protected] and by calling the DEOD Hotline at (213) 922-2600. Requests for verification of a firm’s SBE certification status, granted by Metro, can also be sent by fax to (213) 922-7660. It is recommended that verification be made within 72 hours of the proposal due date.

Proposers shall include in its proposal a copy of the SBE certification letter for each SBE firm listed in its proposal. The letter serves to assist in verifying a firm’s eligibility.

SBE INSTR TOBIDDERS/PROPOSERS SET-ASIDE (NON FED) LACMTA GA18-54 PRO FORM 069C RFIQ NO. PS54330 3-28 REVISION DATE:: 12.30.16 ISSUED: 06.06.18 TABLE 1 - SBE PROPOSAL FORMS

To Be Completed By Form Form Name No. Prime All (Includes SBE Primes) Subcontractors/Suppliers

Form 1 Proposed Subcontractors & Suppliers

Form 2 Commercial Useful Function Affidavit

Form 3 Business Data Sheet

Form 4 Proposed lower tier subcontractors & suppliers SBE Affirmation Form 5 (Only if subcontracting with SBE business)

 The Prime is required to complete and submit SBE Forms 1, 2 and 3. The Prime is required to jointly complete and submit Form 5 if subcontracting with a SBE business.  All Subcontractors/Suppliers are required to complete and submit Form 3 and 4. SBE subcontractors and Suppliers are required to jointly complete and submit Form 5 when subcontracting with the Prime.

SBE Forms 1 -5 are available in the SBE Instructions to Bidders/Proposers (document 069C) on Metro’s website.

LACMTA GA18-54 SBE INSTR TO BIDDERS/PROPOSER SET-ASIDE(NON-FEDERAL) RFIQ NO. PS54330 3-29 PRO FORM 069C ISSUED: 06.06.18 REVISION DATE 12.30.16 FORM 1 - PROPOSED SUBCONTRACTORS & SUPPLIERS PRIME ONLY The Prime is requested to list ALL first-tier businesses which include SBEs & Non SBEs to be utilized on this project. Completion of this form and Form 3, Business Data Sheet also fulfills the requirements of the California Subletting and Subcontracting Fair Practices Act.

1. IFB/RFP/RFIQ Number: 2. Project Name: 3. Total Proposal Price: 4. Today’s DATE: ABCDEFGH PRIME Consultant: Subcontractors: Is FIRM C = Consultant or Subcontractors: $ Amount In $ Amount For an SBE? Subcontractor $ Amount of Work Column “D” To Be Supplies In Column NAME EACH BUSINESS S = Supplier1 PROPOSAL in Column “D” to be Subcontractors: Counted Toward “D” FIRM CIRCLE M= Manufacturer PRICE Performed with Its $ Amount in SBE Goal To Be Counted Only B = Broker Subcontractor’s Column “D” to be (Excluding Toward SBE Goal One T = Trucker Own Work Force SUBCONTRACTED Supplier COST) (Supplier Cost In Column “D” X 0.6) Prime’s $ Amount Prime YN with its own workforce 1. YN 2. YN

3. YN

4. YN

5. YN

6. YN

7. YN

8. YN

9. YN 10. TOTAL (should add up to equal Total Proposal Price listed above on #3)

1If a SBE business is listed to provide materials/supplies, only sixty-percent (60%) of the cost for materials/supplies will be counted toward the SBE participation.. As such, Metro will take 60% of the costs for materials/supplies listed in column D to determine amount to credit toward SBE participation.

LACMTA GA18-54 SBE INSTR TO BIDDERS/PROPOSER SET-ASIDE(NON-FEDERAL) RFIQ NO. PS54330 3-30 PRO FORM 069C ISSUED: 06.06.18 REVISION DATE 12.30.16 FORM 2 – COMMERCIAL USEFUL FUNCTION AFFIDAVIT PRIME ONLY

AFFIDAVIT

A SBE performs a commercially useful function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involve. A SBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SBE participation.

The Offeror acknowledges that it will perform at least 30% of the work for during the performance this contract with its own workforce in compliance with the CUF requirements.

The Offeror declares to perform the following percentage of work with its own workforce:

______Percent (____ %)

SIGNATURE The undersigned Director, Officer, General Partner, or similarly situated Principal of the business declares he/she is informed and believe, and thereon allege, that to the best of their knowledge, information and belief, the information set forth on this page of this document and any attachments, is current, complete and accurate.

Executed on: ______, 20 ___, at, ______, ______Date City State

Business Name: ______

Business Address ______Street City State

Authorized Signature: ______

Printed Name: ______Title: ______

Phone: ______Email: ______

LACMTA GA18-54 SBE INSTR TO BIDDERS/PROPOSER SET-ASIDE (NON-FEDERAL) RFIQ NO. PS54330 3-31 PRO FORM 069C ISSUED: 06.06.18 REVISION DATE:12.30.16 FORM 3 - BUSINESS DATA SHEET Page 1 of 2

TO BE COMPLETED BY PRIME AND ALL SUBCONTRACTORS LISTED ON FORM 1 AND FORM 3 Completion of this Form and Form 1 (or Form 4) fulfills the requirements of the California Subletting & Subcontracting Fair Practices Act. Part A: Business Data If “SBE” is checked in #2 or #3B, a copy of certification letter for the SBE business must be attached to this Form.

4. Business Name: ______5. Is your business currently a SBE4 SBE Non-SBE a. certified by the LACMTA? If marked “SBE”, a copy of certification letter for this business must be attached to this Form. 3A. Is your business currently participating in a Joint Venture Yes No If answered YES, a copy of the Joint Venture Agreement must be attached to this Form. 3B. Name of Joint Venture and Partners. Is this business currently a certified SBE? SBE Non-SBE

a. Business Name ______Name of Certifying Agency ______

b. Business Name ______Name of Certifying Agency ______

c. Business Name ______Name of Certifying Agency ______If marked “SBE”, a copy of certification letter for the business must be attached to this Form.

8. Business Address ______Street City State Zip 9. Mailing Address ______(if different from above) PO.BoxorStreetAddress City State Zip

10. County Business is located in ______

11. Name of Contact Person ______, ______Title 12. Phone ( ) ______- ______9. Email Address ______10. Fax ( ) ______-______11. Age of Business ______Years ______Months

12. If your business requires a license, complete below. 13. Business Annual Gross Receipts: a. License Type ______a. Less than $500,000 b. $500,000 to $1,000,000 b. License # ______c. $1,000,000 to $2,000,000 d. $2,000,000 to $5,000,000 c. Expires on ______e. Over $5,000,000

4 The Prime must independently verify the current SBE certification status for each of their proposed SBE subcontractors on or before the date the proposal/proposal is opened. SBE business must be certified by proposal/proposal due date. A copy of the SBE certification letter must be submitted with the proposal/proposal. LACMTA GA18-54 SBE INSTR TO BIDDERS/PROPOSER SET-ASIDE (NON-FED) RFIQ NO. PS54330 3-32 PRO FORM 069C ISSUED: 06.06.18 REVISION DATE:13.20.16 FORM 3 - BUSINESS DATA SHEET (Continued) Page 2 of 2

Part B: Work Descriptions

14. Provide complete description of scope of work, services, and materials to be performed/furnished by your firm for this contract:2

14a. Provide NAICS5 code(s) for work listed above to be performed for this contract.

15. Will your business provide trucking company services on this project? Please mark one: Yes No

If marked YES, please complete items a. to c. below. If answered NO, answer “Not Applicable.”

a. How many trucks does your company own ______

b. How many trucks does your company lease? ______

c. How many trucks are registered to your company? ______

Part C: Signature

Business Name:

Authorized Signature: Signature of Director, Officer, General Partner or similarly situated Principal of the Business Printed Name: Title: Date:

5 The NAICS web site http://www.bls.gov/bls/NAICS.htm

LACMTA GA18-54 SBE INSTR TO BIDDERS/PROPOSER SET-ASIDE (NON-FED) RFIQ NO. PS54330 3-33 PRO FORM 069C ISSUED: 06.06.18 REVISION DATE:13.20.16 FORM 4 - PROPOSED LOWER TIER SUBCONTRACTORS & SUPPLIERS

To Be Completed By All Subcontractors Listed on Form 1

All subcontractors listed on Form 1 that are subcontracting work are requested to list ALL lower-tier businesses, which include SBEs & Non SBEs to be utilized on this project. Completion of this form and Form 3, Business Data Sheet fulfills the requirements of the California Subletting and Subcontracting Fair Practices Act. 1. Your Business Name: 2. Project Name: 3. Your Proposal/Proposal Price: 4. Your Prime Name:

ABCDEFGH Subcontractors: Subcontractors: Is Subcontractors: Subcontractors: $ Amount in $ Amount for C = Consultant or Business $ Amount of Work $ Amount in Column “D” to be Supplies in Column Name Each Individual Subcontractor an SBE? 1 Proposal/Propos in Column “D” to be Column “D” to be Counted toward “D” Business S = Supplier al Price Performed with SUBCONTRACTED SBE Goal to be Counted (List One Business per Form) M= Manufacturer Circle Subcontractor’s , Excluding toward SBE Goal B = Broker Only One Own Work Force (if any): Supplier Cost (Supplier Cost in T = Trucker Column “D” x 0.6) Your YN Your Business’ Bus. Amount $ (with own 1 Y N 2 Y N

3 Y N

4 Y N

5 Y N

6 Y N

7 Y N 8. TOTAL should add up to equal “Your Proposal Price” listed above in #3

1 If a SBE business is listed to provide materials/supplies, only sixty-percent (60%) of the cost for materials/supplies will be counted toward the SBE participation. As such, Metro will take 60% of the costs for materials/supplies listed in column D to determine amount to credit toward SBE participation.

LACMTA GA18-54 SBE INSTR TO BIDDERS/PROPOSER SET-ASIDE (NON FED) RFIQ NO. PS54330 3-34 PRO FORM 069C ISSUED: 06.06.18 REVISION DATE:12.30.16 FORM 5 - SBE AFFIRMATION

TO BE COMPLETED BY PRIME AND ALL SUBCONTRACTORS THAT WILL SUBCONTRACT TO A SBE BUSINESS

Prime and subcontractor(s) at any tier level that will subcontract work to a SBE business are requested to complete this form to affirm that it will utilize the SBE businesses listed on Form 1 or Form 3. This form must be signed by the SBE business acknowledging that it has submitted a written quote to the respective Prime or Subcontractor, and has been listed to perform work on this contract. 1. IFB/RFP/IFB Number ______

2. Project Name ______

3. Name of the Prime ______

4. Business Address ______Street City State Zip

5. Name of Proposed SBE Business ______

6. Business Address ______Street City State Zip 7. Financial Description Total $ Amount listed for this SBE business is $ ______(amount should match $ Amount listed for this business on Form 1 or Form 3) 8. Technical Description Identify the scope of work that will be performed by this SBE business. Also, provide applicable Northern America Industry Classification System (NAICS) code(s).

[NAICS Code(s)]

Affirmation: Signatures of the authorized representatives of this Contractor and of the SBE business below represent the commitment by both parties to enter into a formal subcontract agreement for the work and any terms or conditions described above and in the accompanying attachments, conditioned on the Proposer/Proposer being awarded this Contract.

Name of Business Name of SBE Business

Authorized Signature of Business6 Authorized Signature of SBE Business

Typed or Printed Name of Signee Typed or Printed Name of Signee

Title of Signee Title of Signee

Date Date

Telephone Email Telephone Email

6 Signature of the Contractor to which the SBE business will report to directly. SBE INSTR TO BIDDERS/PROPOSER SET-ASIDE (NON-FED) LACMTA GA18-54 PRO FORM 069C RFIQ NO. PS54330 3-35 REVISION DATE: 12.30.16: ISSUED: 06.06.18 4 DBE INSTRUCTIONS TO BIDDERS/PROPOSERS AND FORMS (FTA-SA)

SECTION 100 DBE PROGRAM

100 METRO POLICY STATEMENT: The Los Angeles County Metropolitan Transportation Authority (Metro) is the recipient of Federal Transit Administration (FTA) funds and this contract is subject to the requirements of Title 49, Code of Federal Regulations (CFR) Part 26. The Metro Small Business Set-Aside complies with the 49 CFR Part 26.39, Fostering Small Business Participation Element of its Disadvantaged Business Enterprise (DBE) Program.

These elements seek to facilitate the participation of small business concerns in our contracting activities; to meet the maximum feasible portion of Metro’s overall DBE goal through race-neutral means; and to comply with the requirements of 49 CFR 26.39. The elements are active, effective steps to increase race-neutral DBE participation, by fostering competition for Metro’s contracts by increasing the capacities of small businesses.

It is Metro’s policy to provide equal opportunity for SBEs DBEs to compete on FTA- funded contracts. Metro shall take all necessary and reasonable steps to: ensure nondiscrimination in the award and administration of with FTA funds.

101 INTERPRETATION: Any conflict, error, omission or ambiguity which may arise between these instructions and the federal regulations or the above mentioned DBE Program obligation, shall be resolved first in favor of the federal regulations and second the DBE Program. Failure of an Offeror, its subcontractors, consultants, suppliers or other entities to carry out these requirements may be grounds for Metro to implement administrative penalties or other remedies imposed by Metro.

102 SUSPENSION OR DEBARMENT

b) Suspension or debarment proceedings may be initiated by Metro against any firm:

1. That attempts to participate in the Metro DBE Program SBE Set-Aside or any other component of the DBE program as an SBE or DBE if the firm does not meet the eligibility criteria stated in the Certification Standards and if it attempts to participate on the basis of false, fraudulent or deceitful statements

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-36 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 or representations or under circumstances indicating a serious lack of business integrity or honesty.

2. That in order to be eligible for the DBE Program SBE Set-Aside or any other component of the DBE program uses or attempts to use on the basis of false, fraudulent or deceitful statements or representations, another firm that does not meet the certification eligibility criteria stated in the certification standards.

In either case, Metro shall take action through the Diversity & Economic Opportunity Department, Metro’s Office of Inspector General, or Department of Justice further action under suspension and debarment and/or referral of matter for prosecution under appropriate criminal statutes.

103 SBE PROPOSAL FORMS: Proposers shall submit with its proposal completed SBE Forms as provided in these Instructions to Proposers (See: TABLE 1 – SBE PROPOSAL FORMS).

104 SBE PARTICIPATION: After contract award, SBE participation percentage(s) for SBE subcontractors, consultants or suppliers, listed by the Offeror at time of bid or proposal will be monitored and enforced from contract inception through the term of contract. Failure to meet the SBE commitment may result in penalties and/or administrative sanctions.

105 METRO OVERALL DBE GOAL: Metro has set an overall goal for DBE participation. The overall DBE goal applies to federally funded contracts Metro expects to expend for the fiscal year. Metro supports the use of race neutral measures to facilitate participation of SBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own forces. Metro will track and report any SBE race- neutral participation by certified DBEs achieved through their small business Set- Aside element.

106 INFORMATION MUST BE CURRENT ACCURATE AND COMPLETE

107 SBE INFORMATION: Proposers are informed of the following:

5. SBE firms listed to meet the SBE goal must be SBE certified by Metro. (See: Section 300 SBE Certification Requirements). 6. An SBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company. 7. An SBE joint venture partner must be responsible for performing a clearly defined scope of work. SBE joint venture partners must actually perform, manage and supervise the work with its own forces; and share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-37 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 8. An SBE must perform a commercially useful function, by being responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising at least 30% of the project work with its own workforce (See: Section 200- “Commercially Useful Function”).

108 RECOMMENDED SBE OUTREACH: Proposers shall outreach to SBE firms in all available subcontract work categories identified for this contract. The following are recommended outreach efforts the Proposer/Proposer can undertake to provide maximum opportunities to SBE firms include the following:

7. Solicit certified SBE firms that have the capability to perform the work of the contract through all available means (e.g. attendance at pre-proposal meetings, advertising and/or written notices). Provide sufficient time for SBE firms to respond and take appropriate steps to follow-up initial solicitations. 8. Select portions of work to be performed by SBE firms in order to obtain SBE participation, which may include breaking out contract work items into economically feasible units to facilitate SBE participation even when the Proposer/Proposer might otherwise prefer to perform these work items with its own work forces. 9. Provide interested SBE firms with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist with response to a solicitation. 10. Negotiate in good faith with SBE firms. 11. Make efforts to assist interested SBE firms in obtaining lines of credit or insurance as required for the contract. 12. Effectively use the services of available small business organizations and other business assistance offices to provide assistance in the recruitment of SBE firms.

109 REPLACEMENT OF AN SBE FIRM: If a Proposer lists an SBE subcontractor, subconsultant or supplier/broker firm that is subsequently denied prequalification, or if for any reason SBE firm cannot perform under contract and must be replaced, the Proposer shall use its best efforts to replace the SBE with another SBE firm. The Proposer shall submit a written request to Metro for approval, prior to replacing an SBE. The Proposers’ written request shall include the scope of work, dollar commitment for the replaced SBE and the SBE replacement, and document reasons it could not find an SBE replacement.

SECTION 200 CALCULATING AND COUNTING SBE PARTICIPATION

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-38 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 whether a SBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the SBE credit claimed for its performance of the work, and other relevant factors.

A SBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SBE participation. If a SBE does not perform or exercise responsibility for at least 30 percent (30%) of the total cost of its contract with its own work force, or the SBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, Metro must presume that the SBE is not performing a commercially useful function.

Counting guidelines are provided as follows:

6. SBE as the Prime Contractor: 100% SBE credit for that portion of the work performed by the SBE’s own forces, including the cost of materials and supplies. Work that a SBE prime subcontracts to a non-SBE firm does not count toward the SBE.

7. SBE as a Joint Venture Contractor: 100% SBE credit for that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work performed by the SBE’s own forces.

8. SBE as a Subcontractor: 100% SBE credit for the work of the subcontract performed by the SBE’s own forces, including the cost of materials and supplies, excluding the purchase of materials and supplies or the lease of equipment by the SBE subcontractor from the prime contractor or its affiliates. Work that a SBE subcontractor in turn subcontracts to a non-SBE firm does not count toward the SBE.

9. SBE as a Material Supplier or Broker:

a) 60% SBE credit for the cost of the materials or supplies purchased from a SBE regular dealer.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-39 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 b) 100% SBE credit for the cost of materials or supplies obtained from a SBE manufacturer.

c) 100% SBE credit for the value of reasonable fees and commissions for the procurement of materials and supplies if not a regular dealer or manufacturer.

10. SBE as a Trucker: 100% SBE credit for trucking participation provided the SBE is responsible for the management and supervision of the entire trucking operation for which it is responsible. At least one truck owned, operated, licensed and insured by the SBE must be used on the contact. Credit will be given for the full value of all such SBE trucks operated using SBE employed drivers. SBE credit will be limited to the value of the reasonable fee or commission received by the SBE if trucks are leased from a non-SBE company. Metro uses the following six (6) factors in determining whether to count expenditures to a SBE trucking firm, to determine if it is performing a commercially useful function:

b) The SBE must itself own and operate at least one fully licensed, insured and operational truck used on the contract.

c) The SBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-40 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 SECTION 300 SMALL BUSINESS ENTERPRISE CERTIFICATION

300 CERTIFICATION REQUIREMENTS

For the purposes of the DBE Program Small Business Set-Aside Program, firms, including all DBE groups, must meet the Metro SBE certification eligibility standards. Firms must be SBE certified by bid/proposal due date to be eligible for a contract award under the Set-Aside Program or any other component of the DBE program. If not, that firm’s participation may not be counted as SBE participation in the contract. Proposers shall ensure SBE firms are certified in the North American Industry Classification System (NAICS) codes for the work in which the SBE firm is listed to perform and for which the Proposer seeks SBE credit towards its SBE commitment. Certifications as a Metro SBE firm, means the firm met the SBE certification requirements and eligibility standards described in Metro’s SBE Program.

301 SBE CERTIFICATION STANDARDS

302 SBE CERTIFICATION ELIGIBILITY

7. Each applicant for SBE certification must prove to Metro’s Certification Unit, by a preponderance of the evidence, that the applicant meets the criteria of economic disadvantage, business size, ownership and control.

8. An eligible SBE firm, including its affiliates, must be an existing small business, defined by the Metro SBE Program as appropriate to the type of work that the firm seeks to perform on each federally funded contract.

9. Certifications with respect to economic disadvantage, including signed statements of personal net worth and supporting documentation are required. If an individual’s Statement of Personal Net Worth shows that the individual’s personal net worth exceeds $1.32 million the individual’s presumption of economic disadvantage is rebutted and the person is not qualified to be a SBE owner.

10. The applicant firm can only be an eligible SBE, if the firm, including its affiliates, has had average gross receipts over the previous three years of less than $22.41 million or as adjusted for inflation by the US Secretary of Transportation.

11. A firm’s ownership by economically disadvantaged individuals must be real, substantial and continuing, going beyond pro forma ownership of the firm as reflected in merely the ownership documents.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-41 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 12. The firm must be independent and not depend on its relationship with another firm or firms to be viable.

303 VERIFY THAT SBE CERTIFICATION IS CURRENT

SBE Certification is granted for a period of five years. The certification expiration date is included in the SBE certification letter issued by Metro. An SBE may become inactive or ineligible during its certification. Only SBEs with a valid certification status are eligible to participate in the DBE Program Small Business Set-Aside Program. Proposers shall confirm the SBE certification status of listed SBE firms. To verify status of firms, for additional certification information, questions and to obtain a certification application, Proposers or other interested parties may contact the Metro Certification Unit via email at [email protected] and by calling the DEOD Hotline at (213) 922-2600. Requests for verification of a firm’s SBE certification status, granted by Metro, can also be sent by fax to (213) 922-7660. It is recommended that verification be made within 72 hours of the proposal due date.

Proposers shall include in its proposal a copy of the SBE certification letter for each SBE firm listed in its proposal. The letter serves to assist in verifying a firm’s eligibility.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-42 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 TABLE 1 - SBE PROPOSAL FORMS

To Be Completed By Form Form Name No. Prime All (Includes SBE Primes) Subcontractors/Suppliers

Form 1 Proposed Subcontractors & Suppliers

Form 2 Commercial Useful Function Affidavit

Form 3 Business Data Sheet

Form 4 Proposed lower tier subcontractors & suppliers SBE Affirmation Form 5 (Only if subcontracting with SBE business)

SBE Forms 1 -5 are available in the SBE Instructions to Proposers (document 068B) on Metro’s website.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-43 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 FORM 1 - PROPOSED SUBCONTRACTORS & SUPPLIERS PRIME ONLY The Prime is requested to list ALL first-tier businesses which include SBEs & Non SBEs to be utilized on this project. Completion of this form and Form 3, Business Data Sheet also fulfills the requirements of the California Subletting and Subcontracting Fair Practices Act.

3. YN

4. YN

5. YN

6. YN

7. YN

8. YN

9. YN 10. TOTAL (should add up to equal Total Proposal Price listed above on #3)

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-44 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 FORM 2 – COMMERCIAL USEFUL FUNCTION AFFIDAVIT PRIME ONLY

AFFIDAVIT

The Offeror acknowledges that it will perform at least 30% of the work for during the performance this contract with its own workforce in compliance with the CUF requirements.

The Offeror declares to perform the following percentage of work with its own workforce:

______Percent (____ %)

Executed on: ______, 20 ___, at, ______, ______Date City State

Business Name: ______

Business Address ______Street City State

Authorized Signature: ______

Printed Name: ______Title: ______

Phone: ______Email: ______

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-45 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 FORM 3 - BUSINESS DATA SHEET Page 1 of 2

6. Business Name: ______7. Is your business currently a SBE7 SBE Non-SBE a. certified by the LACMTA? If marked “SBE”, a copy of certification letter for this business must be attached to this Form. 3A. Is your business currently participating in a Joint Venture Yes No If answered YES, a copy of the Joint Venture Agreement must be attached to this Form. 3B. Name of Joint Venture and Partners. Is this business currently a certified SBE? SBE Non-SBE

a. Business Name ______Name of Certifying Agency ______

b. Business Name ______Name of Certifying Agency ______

c. Business Name ______Name of Certifying Agency ______If marked “SBE”, a copy of certification letter for the business must be attached to this Form.

13. Business Address ______Street City State Zip 14. Mailing Address ______(if different from above) PO.BoxorStreetAddress City State Zip

15. County Business is located in ______

16. Name of Contact Person ______, ______Title 17. Phone ( ) ______- ______9. Email Address ______11. Fax ( ) ______-______11. Age of Business ______Years ______Months

7 The Prime must independently verify the current SBE certification status for each of their proposed SBE subcontractors on or before the date the proposal/proposal is opened. SBE business must be certified by proposal/proposal due date. A copy of the SBE certification letter must be submitted with the proposal/proposal. LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-46 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 FORM 3 - BUSINESS DATA SHEET (Continued) Page 2 of 2

Part B: Work Descriptions

14. Provide complete description of scope of work, services, and materials to be performed/furnished by your firm for this contract:2

14a. Provide NAICS8 code(s) for work listed above to be performed for this contract.

15. Will your business provide trucking company services on this project? Please mark one: Yes No

If marked YES, please complete items a. to c. below. If answered NO, answer “Not Applicable.”

a. How many trucks does your company own ______

b. How many trucks does your company lease? ______

c. How many trucks are registered to your company? ______

Part C: Signature

Business Name:

Authorized Signature: Signature of Director, Officer, General Partner or similarly situated Principal of the Business Printed Name: Title: Date:

8 The NAICS web site http://www.bls.gov/bls/NAICS.htm

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-47 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 FORM 4 - PROPOSED LOWER TIER SUBCONTRACTORS & SUPPLIERS

To Be Completed By All Subcontractors Listed on Form 1

3 Y N

4 Y N

5 Y N

6 Y N

7 Y N 8. TOTAL should add up to equal “Your Proposal Price” listed above in #3

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-48 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 FORM 5 - SBE AFFIRMATION

TO BE COMPLETED BY PRIME AND ALL SUBCONTRACTORS THAT WILL SUBCONTRACT TO A SBE BUSINESS

10. Project Name ______

11. Name of the Prime ______

12. Business Address ______Street City State Zip

13. Name of Proposed SBE Business ______

14. Business Address ______Street City State Zip 15. Financial Description Total $ Amount listed for this SBE business is $ ______(amount should match $ Amount listed for this business on Form 1 or Form 3) 16. Technical Description Identify the scope of work that will be performed by this SBE business. Also, provide applicable Northern America Industry Classification System (NAICS) code(s).

[NAICS Code(s)]

Name of Business Name of SBE Business

Authorized Signature of Business9 Authorized Signature of SBE Business

Typed or Printed Name of Signee Typed or Printed Name of Signee

Title of Signee Title of Signee

Date Date

Telephone Email Telephone Email

9 Signature of the Contractor to which the SBE business will report to directly. LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS SET-ASIDE (FTA) RFIQ NO. PS54330 3-49 PRO FORM 068B ISSUED: 06.06.18 REVISION DATE: 08.12.14 DBE INSTRUCTIONS TO BIDDERS/PROPOSERS AND FORMS (FEDERAL)

SECTION 100 - DBE PROGRAM

100 FEDERAL OBLIGATION: This contract is subject to the requirements of 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.

101 LACMTA POLICY STATEMENT: It is LACMTA’s policy to provide equal opportunity for Disadvantaged Business Enterprises (DBE), as defined in 49 CFR Part 26, to receive and participate on DOT- assisted contracts. It is also our policy to:

 Ensure nondiscrimination in the award and administration of DOT-assisted contracts;  Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;  Ensure that LACMTA’s DBE program is narrowly tailored in accordance with applicable law;  Ensure that only firms that meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs;  Help remove barriers to the participation of DBEs in DOT-assisted contracts; and  Assist the development of firms that can compete successfully in the market place outside the DBE program.

102 INTERPRETATION: Any conflict, error, omission or ambiguity which may arise between these instructions and the federal regulations or the above mentioned DBE Program obligation, shall be resolved first in favor of the federal regulations and second the DBE Program. Failure of a Bidder/Proposer, its subcontractors, consultants, suppliers or other entities to carry out these requirements may be grounds for LACMTA to implement administrative penalties or other remedies imposed by LACMTA.

103 SUSPENSION OR DEBARMENT: Suspension or debarment proceedings may be initiated by LACMTA against any firm that:

A. Attempts to participate in a DOT-assisted program as a DBE and does not meet the eligibility criteria stated in the certification standards for DBE programs; or on the basis of false, fraudulent or deceitful statements; or under circumstances indicating a serious lack of business integrity or honesty.

B. Attempts to use false, fraudulent or deceitful statements, or representations in order to meet its DBE administrative requirements, or uses another firm that does not meet the DBE eligibility criteria stated in the certification standards.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-50 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 In accordance with 49 CFR Part 26.107 DOT may take action itself through its Fraud and Civil Remedies Program or refer the matter to the Department of Justice for prosecution under appropriate criminal statutes.

LACMTA may refer any false, fraudulent, or dishonest conduct to the attention of the Department of Transportation in connection with the DBE program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, and/or referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules).

104 LACMTA OVERALL DBE GOAL: LACMTA has established a triennial overall DBE goal for DBE participation. LACMTA will use both Race-Conscious (RC) and Race-Neutral (RN) measures to achieve its overall goal. To ascertain whether the overall DBE goal is being achieved, LACMTA will monitor contractor’s DBE commitments and will track the payments to all firms (DBE and Non-DBE).

105 DBE MEASURES: Race Conscious (RC) DBE Measures for FTA funded contracts Includes setting RC DBE contract goals for the participation of DBE groups found in LACMTA’s Disparity Study to have significant statistical disparity in LACMTA contracting. The RC DBE groups are African Americans, Asian Pacific Americans, Native Americans, Hispanic Americans, Subcontinent Asian Americans, and Women (including Caucasian Women).

DBE Measures for FHWA funded contracts Includes setting DBE contract goals for the participation of DBE groups found in the California Department of Transportation (Caltrans) DBE Program, as amended.

106 RACE NEUTRAL (RN) DBE MEASURES: The DBE group(s) that have not been found in LACMTA’s Disparity Study to have significant statistical disparity in LACMTA contracting and cannot be counted toward the RC DBE contract goal, but will be counted as RN DBE participation in accordance with 49 CFR Part 26.

Participation by all DBE groups will be tracked and reported to meet LACMTA’s overall DBE goal.

SECTION 200 - DBE PARTICIPATION

200 DBE CONTRACT GOAL: DBE goals are established based on the analysis of the scope of work, and the availability of DBE firms that are ready, willing, and able to perform. If established, the contract goal is listed in the “Letter of Invitation Supplement” contained in the solicitation document.

If a contract goal is not established, Bidders/Proposers are encouraged to utilize DBE firms when opportunities are available during the performance of the contract. The successful Bidder/Proposer will be required to report DBE participation throughout the

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-51 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 period of performance. DBE participation obtained when a contract goal is not established is counted as RN participation.

201 RESPONSIVENESS TO CONTRACT GOAL: If a RC DBE contract goal is established for this contract, obtaining the contract goal is a matter of responsiveness. Bidders/Proposers are required to document sufficient DBE participation to meet the goals, or alternatively, document adequate good faith efforts (GFE). Bidders/Proposers shall provide the following:

A. Names and addresses of DBE firms that will participate in this contract;

B. Description of the work each DBE will perform. To count toward meeting the DBE goal, each DBE firm must be certified in a NAICS code applicable to the scope of work the firm would perform on the contract;

C. Dollar commitments of each DBE firm participating;

D. Written documentation of the Bidder's/Proposer’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal;

E. Written confirmation of prime contractor's commitment to each listed DBE, including the scope(s) of work and dollar commitment; ; and

F. If the contract goal is not met, evidence of good faith efforts must be submitted by bid/proposal due date. Documentation of good faith efforts shall include copies of all DBE and non-DBE subcontractor quotes submitted to the Bidder/Proposer, when a non-DBE subcontractor was selected over a DBE for scopes of work identified. (refer to Section 400 - GFE Requirements). In addition, the Bidders/Proposers shall submit Attachment H – Bidder/Proposer Notarized Certification of Good Faith Efforts with their GFE documentation.

202 CONTRACTOR ASSURANCE: The Bidders/Proposers shall make the following assurance and shall, after contract award, include this assurance verbatim in each subcontract and/or purchase agreement awarded to both DBE and non-DBE subcontractors, suppliers, truckers, and brokers:

Contractors, subrecipients, nor subcontractors shall discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of federally-assisted contracts. Failure by the contractor 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 recipient deems appropriate, which may include, but is not limited to:

1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the contractor from future bidding as non- responsible.”

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-52 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 203 DBE COMMITMENT FORMS: Bidders/Proposers shall submit with its bid/proposal completed DBE Forms as provided in these Instructions to Bidders/Proposers (See: TABLE 1 – DBE COMMITMENT FORMS).

SUBMITTAL FORMS Submit DBE Forms 1 through 5 with bid/proposal (even if DBE goals were not established).

Form 1 Proposed Subcontractors & Suppliers Form 2 Affidavit Form 3 Proposed Lower Tier Subcontractors & Suppliers Form 4 Business Data Sheet Form 5 DBE Affirmation

The Bidder/Proposer shall provide, as part of its bid/proposal, a complete listing of DBE and non-DBE subcontractors that will perform any portion of the work, together with a description of their scope of work and dollar value of their participation.

204 DBE INFORMATION: Bidders/Proposers are informed of the following:

A. DBE firms must be certified by the California Unified Certification Program (CUCP) by bid/proposal due date (reference Section 500 DBE Certification Requirements).

B. DBE firms must be certified in the North American Industry Classification System (NAICS) code(s) representing the scope(s) of work listed for DBE credit.

C. DBE firms listed to meet the contract goal must be in the designated RC DBE groups. (See: Section 106 Race Conscious (RC DBE) Measures). Bidders/Proposers will receive credit toward the contract goal for DBE groups designated as race conscious.

D. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company. Bidders/Proposers are encouraged to consider achieving the DBE goal by purchasing materials and commodities from DBE firms.

E. A DBE joint venture partner must be responsible for performing a clearly defined scope of work. DBE joint venture partners must actually perform, manage and supervise the work with its own forces; and share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

F. DBE firms must perform a commercially useful function, by being responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising at least 30% of the project work with its own workforce (See: Section 301- “Commercial Useful Function”).

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-53 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 205 REPLACEMENT OF A DBE FIRM: Prior to contract award, if a Bidder/Proposer lists a DBE firm that was denied prequalification, the Bidder/Proposer shall replace the DBE firm with another DBE subcontractor. The Bidder/Proposer shall notify the Diversity & Economic Opportunity Department of this occurrence, and shall obtain prior written approval for replacement of the DBE firm. Bidder/Proposer shall document good faith efforts to replace DBE firm by following the good faith effort steps outlined in Section 400 Good Faith Efforts Requirements.

A Bidder's/Proposer's inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original DBE. The Fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement DBE, and it is not a sound basis for rejecting a prospective replacement DBE’s reasonable quote.

SECTION 300 - COMMERCIAL USEFUL FUNCTION AND COUNTING DBE PARTICIPATION

300 COMMERCIAL USEFUL FUNCTION: To receive DBE participation credit towards the DBE contract commitments, DBE firm(s) must perform a commercially useful function (CUF). A DBE must perform at least 30% of its listed work with its own workforce or must not subcontract a greater portion of the work than would be expected on the basis of normal industry practices for that type of work. A DBE performs a CUF when it is responsible for a clearly defined and distinct scope of work. DBE firms must be responsible for the execution of the work and carrying out its responsibilities by actually performing, managing, and supervising the work involved and normal industry practices.

LACMTA will count DBE participation, for firms performing a CUF, in accordance with 49 CFR Part 26.55. When a DBE participates in a contract, LACMTA will count only the value of the work actually performed by the DBE toward the DBE contract goal(s).

1. DBE as the Prime Contractor: 100% DBE credit for that portion of the work performed by the DBE’s own forces, including the cost of materials and supplies, for a construction contract, obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliates). When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE’s subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE contract goal(s).

2. DBE as a Joint Venture Contractor: 100% DBE credit shall apply to the clearly defined and distinct portion of work performed by the DBE’s own workforce.

3. DBE as a Subcontractor: 100% DBE credit shall apply to the work performed with the DBE’s own forces, including the cost of materials and supplies (does not include: the purchase of materials and supplies or the lease of equipment by the DBE subcontractor from the prime contractor or its affiliates). Work that a DBE

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-54 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 subcontractor subcontracts to a non-DBE firm shall not be credited towards the DBE contract goal.

4. DBE as a Material Supplier or Broker: 1. 60% DBE credit for the cost of the materials or supplies purchased from a DBE regular dealer. 2. 100% DBE credit for the cost of materials or supplies obtained from a DBE manufacturer. 3. 100% DBE credit for the value of reasonable fees and commissions for the procurement of materials and supplies if not a regular dealer or manufacturer.

5. DBE as a Trucker: 100% DBE credit for trucking participation provided the DBE is responsible for the management and supervision of the entire trucking operation for which it is responsible. At least one truck owned, operated, licensed and insured by the DBE must be used on the contract. Credit will be given for the full value of all such DBE trucks operated using DBE employed drivers. DBE credit will be limited to the value of the reasonable fee or commission received by the DBE if trucks are leased from a non-DBE company. LACMTA uses the following six (6) factors in determining whether to count expenditures to a DBE trucking firm, to determine if it is performing a commercially useful function:

1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract and there cannot be a contrived arrangement for the purpose of meeting DBE goals. 2. The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the contract. 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases the trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. 5. The DBE may also lease trucks from a non-DBE, including an owner-operator. The DBE who leases trucks from a non-DBE is to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. For the purposes of determining whether a DBE trucking company is performing a commercially useful function, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-55 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 SECTION 400 - GOOD FAITH EFFORTS

400 REQUIREMENTS: Bidders/Proposers are reasonably expected to take active and aggressive measures sufficient to meet the DBE goal(s), even if not fully successful. LACMTA will consider whether the quality, quantity, volume and intensity of the efforts were sufficient to meet the DBE goal. Mere pro forma efforts are not good faith efforts and are not sufficient to meet the DBE contract requirements. Only those efforts made prior to bid/proposal due date shall be considered for GFE evaluation. Attachment H, “Bidder/Proposer Notarized Certification of Good Faith Efforts,” must be submitted at the bid/proposal due date if the Bidder(s)/Proposer(s) did not meet the goal.

GFE measures undertaken by a third party shall be at the Bidder/Proposer’s own risk and shall not relieve Bidder/Proposer(s) of the responsibility for meeting the GFE requirements. Bidder/Proposer(s) shall also identify all Third Parities utilized to prepare GFE responses for each GFE indicator.

401 RESPONSIVENESS: To determine if a Bidder/Proposer who failed to meet the DBE contract goal is responsive, LACMTA will determine if the effort taken to obtain DBE participation satisfies GFE requirements. Further, LACMTA will ensure that all good faith effort information supplied by each Bidder/Proposer is complete, accurate and adequately documented prior to award of any contract.

1. Any of the following conditions constitute failure to meet the contract goal and will require submittal of good faith effort documentation:

a. The DBE commitment reflected in the DBE Commitment Forms is less than the DBE contract goal established. b. Firms listed toward meeting the DBE contract goal but are not certified by the bid/proposal due date in the NAICS codes for the listed work to perform.

2. If the Bidder/Proposer has not met the stated contract goal, documentation of its GFE must be submitted at the time of bid/proposal due date.

3. LACMTA will evaluate each GFE item on a pass/fail basis.

a. Bidders/Proposers will receive either full or zero (0) points for each GFE item. b. Bidders/Proposers must receive a score of 90 – 100 points to pass the GFE requirements. c. Bidders/Proposers achieving a passing score of 90 or more points are considered responsive to the GFE requirements. d. Bidders/Proposers who receive a score less than 90 points are considered to have failed the GFE requirements.

4. LACMTA shall notify Bidders/Proposers in writing whether GFE requirements were met or not met. The notification will explain the basis and include the reasons for the determination. If a Bidder/Proposer fails GFE, the Bidder/Proposer will be provided the opportunity for administrative reconsideration of LACMTA’s GFE determination.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-56 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 402 RECONSIDERATION: Bidders/Proposers shall receive written notification from LACMTA detailing the results of their GFE evaluation. If the Bidder/Proposer failed to achieve adequate good faith efforts to meet the established DBE goal(s), they shall have the right to request a Reconsideration Hearing. Hearing procedures include:

1. Right to Reconsideration Hearing: If a Bidder/Proposer receives notice that they failed GFE requirements, they may request a reconsideration hearing. Hearing requests shall be made in writing, via U.S. Mail or delivery service to LACMTA, Attn: Karen Gorman, GFE Reconsideration Officer, One Gateway Plaza, Mail Stop 99-11- 12, Los Angeles, CA 90012-2952. Requests may also be submitted by facsimile to the Reconsideration Officer’s (“RO”) fax number at 213.922.2986, provided, however, that requests must be received by the RO within two (2) business days after the date the Bidder/Proposer receives the GFE determination notice. The Bidder/Proposer shall be presumed to have received the notification five (5) days after the date of the DEOD notice letter. The RO shall provide DEOD with a copy of the hearing request.

2. Scheduling of Reconsideration Hearing: Upon receipt of a request for a reconsideration hearing, the RO or his/her designee will contact the Bidder/Proposer and the DEOD to schedule the hearing. Reconsideration hearings will be held no later than five (5) business days after receipt of the Bidder/Proposer’s request, unless the RO agrees to extend this time period based on good cause. Extensions are disfavored.

3. Decision: The RO will provide a written decision to the Bidder/Proposer and DEOD within five (5) business days of the hearing, or as soon as possible thereafter. The decision will explain the basis for finding that the Bidder/Proposer did or did not meet the goal or make adequate good faith efforts to do so. Pursuant to 49 CFR 26.53, the decision is final and not administratively appealable to any other person within LACMTA, the United States Department of Transportation or any other authority.

403 GOOD FAITH EFFORTS STEPS: The achievement of good faith efforts (GFE) will be based on evaluation of the following criteria in accordance with 49 CFR Part 26.53, and Appendix A.

(1) ADVERTISEMENT

(2) NOTIFICATION TO SMALL BUSINESS ORGANIZATIONS/COMMUNITY GROUPS

(3) SELECT PORTION OF THE WORK TO BE SUBCONTRACTED

(4) REQUEST FOR BID/PROPOSAL, SPECIFICATION INFORMATION

(5) SOLICITATION FOLLOW-UP

(6) ASSISTANCE IN OBTAINING BONDS & INSURANCE

(7) ATTEND PRE-BIDPROPOSAL CONFERENCE

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-57 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 (8) LIST OF SUBCONTRACTORS SUBMITTING BIDS/PROPOSALS

(9) COMMITMENT OF OTHER OFFERORS

1. ADVERTISEMENT (10 POINTS)

(Ref: “Attachment A – Sample Advertisement” and complete “Attachment B - Newspaper Advertisement Log”)

Effort:

Advertisements soliciting sub-bids/proposals from DBE firm(s) shall appear no fewer than 21 days prior to the initial bid/proposal due date. If the bid/proposal schedule established by LACMTA is less than 21 days, advertisements for a shorter reasonable period of time are acceptable. When amendments extend bid/proposal due dates, GFE consideration shall only be given to Bidders/Proposers who extend or revise advertised dates for the benefit of increased DBE opportunities.

Advertisements will refer only to bids/proposals for LACMTA projects only and will specify the categories of work for DBE subcontracting opportunities. The advertisements shall be placed in a minimum of three (3) paid weekly publications. Advertisements shall consist of the following:

A. Bidder/Proposer shall advertise in general newspaper publications or media that are reasonably be expected to reach DBE firms that are likely to bid/propose on this contract.

B. Bidder/Proposer shall advertise in two (2) varied minority and/or women trade association newspapers or other minority and/or women trade focus publications or media that will reach all DBE firms.

C. The advertisement shall include, at a minimum, the name of the newspaper, company contact person, type of publication, circulation dates of advertisement, project name and number, date of DBE subcontractor bid/proposal or quote due date to the Offeror, Offeror bid/proposal due date to Metro, detailed description of subcontracting work solicited, and time and location where bid/proposal plans, specifications and other documents may be reviewed.

D. Advertisement must further identify LACMTA as owner, and indicate that the solicitation is in response to LACMTA’s DBE requirements and that the Bidder/Proposer will extend opportunities to DBEs and conduct itself in good faith with DBE firms seeking subcontract opportunities for the contract.

E. Bidders/Proposers shall advertise to DBEs only

F. If bid/proposal due date was amended, explain positive and/or negative impact(s) to DBE solicitations.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-58 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 Evidence:

Include a list of advertisements placed, including a copy of the advertisements and/or tear sheets, advertisement commitment form and/or transaction receipt, and copy of advertisement specs submitted to the selected media source. LACMTA will closely analyze the tear sheets and the advertisement commitment form to verify dates and adherence to GFE requirements.

Bidders/Proposers are reasonably expected to take active and aggressive measures sufficient to meet the DBE goal and advertise to DBEs reasonably expected to perform the identified subcontractable work items.

2. NOTIFICATION TO SMALL BUSINESS ORGANIZATIONS AND COMMUNITY GROUPS (10 POINTS)

Effort:

Outreach notification must be made to outreach to a minimum of five (5) small business and disadvantaged business organizations, and Southern California Small Business Development Centers. For assistance, reference the listing of member organizations included in Metro’s Transit Business Advisory Council (TBAC) website: http://business.metro.net/VendorPortal/faces/home1/advisoryCouncils. Notification to organizations shall include at a minimum, the items that are required for advertisement (under GFE item #1).

Bidder/Proposer shall obtain a listing of additional DBEs from the small business organizations and/or the Southern California Small Business Development Centers. Follow-up shall be conducted consistent with the “Guidelines for Contacts for Various Work Categories” included in GFE Indicator #4, no less than 10 days after mailing the initial solicitation letters.

Evidence:

Copies of letters, e-mails, faxes, fax confirmation sheets, telephone logs, etc. used to contact organizations. The documentation must include names of organizations/groups, dates, names of contacts, telephone numbers, and DBE goal.

Bidder/Proposer must include documented evidence of correspondence received from the small business organizations and/or the Southern California Business Development Centers. Documented evidence of a minimum of five (5) organizations/groups must be included in GFE submittal.

Follow-up activity must be documented in telephone logs or other written documentation which provide, at a minimum, the following information:

A. Type of contact (e.g., telephone call, visit, email, letter)

B. Name and position of person who made contact on behalf of the Bidder/Proposer

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-59 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 C. Name and address and/or email of firm contacted

D. Name and position of person contacted, telephone number, and date of contact

E. Indicate response from the firm contacted with regard to its interest in submitting a sub-bid/proposal.

F. Email return receipts to document successful delivery to DBE subcontractors, and in the case of returned email correspondence, documentation from the mail server that the email was undeliverable.

G. Follow-up, if any, to the assistance offered in the initial solicitation letter with regard to breakdown of work into economically feasible units, bonding, insurance, lines of credit, and plans and specifications.

H. Bidder/Proposer shall provide written justification for decisions to self-perform work using its own workforce.

3. SELECT PORTION OF THE WORK TO BE SUBCONTRACTED (15 POINTS)

(Complete “Attachment C – Selected Work Categories Form”)

Effort:

The Bidder/Proposer shall identify work categories it intends to self-perform with its own workforce and all work/services that it intends to subcontract. This includes, breaking out scopes of work into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own workforce.

To increase the likelihood of meeting DBE goal requirements, Bidders/Proposers shall as part of its planning process to actively and aggressively seek DBE participation, review NAICS codes provided by LACMTA to ensure that they support the selected portion(s) of work identified by the Bidders/Proposers as subcontractable.

Evidence:

Documents showing all the work that the Bidder/Proposer intends to perform with its own work force and all the work that the Bidder/Proposer has identified for subcontracting/supply should be evidenced on the Selected Work Categories Form. Bidders/Proposers shall provide documentation of efforts to utilize DBE firms that can reasonably be expected to perform the identified subcontractable work items. Include additional comments when selected work categories are not sufficient to meet the goal and provide supporting documentation.

4. INVITATION FOR BID/REQUEST FOR PROPOSAL, SPECIFICATIONS AND INFORMATION (15 POINTS)

(Complete “Attachment G – Sample Letter of Solicitation” and use “Attachment D – Written Solicitation Submittal Form”)

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-60 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 Effort:

Using Sample Letter of Solicitation (Attachment D), written Requests for Bid or Proposal to DBE firms included in the LACMTA DBE certified list. Attach copies of solicitation letters to the “Written Solicitation Submittal Form” (Attachment G).

See “Guidelines for Contacts for Various Work Categories” following Evidence #4 in this section. Solicitation letters shall be mailed, emailed or sent no fewer than 21 days prior to the bid/proposal due date. If, due to the schedule established by LACMTA, 21 days are not available, a mailing providing a shorter reasonable period of notice is acceptable.

Evidence:

Bidder/Proposer shall provide interested DBEs with adequate information about the plans, specifications, and requirements in a timely manner to assist them in responding to the solicitation. Bidder/Proposer shall include names, contact persons, addresses, phone numbers, and dates of all DBE firms solicited at least 21 days prior to bid/proposal due date and by what means (certified letters, fax, phone, emails, etc.). Copies of the solicitation letters must be included. Only certified DBE firms will be taken into consideration. Bidders/Proposers notifications shall:

A. Clearly identify portions of the work to be subcontracted, and offer to break down any portion of the work into economically feasible units in order to facilitate DBE participation.

B. Identify if there is a bond requirement for subcontractors for this contract and specify requirements.

C. Offer assistance with regard to bonding requirements and insurance requirements, where applicable, and/or financing (e.g., lines of credit), specifying the type of assistance that the Bidder/Proposer is offering. Assistance may include, but is not limited to the following:

1. Contact bonding and/or insurance companies on behalf of DBEs.

2. Arrange with sureties incremental or phased bonding for the DBEs and/or paying for the cost of the bond or insurance

3. Waive bond or other requirements.

4. Refer DBEs to Business Development Centers or other resource agencies, which may assist DBEs in obtaining bonding, insurance, or lines of credit.

5. Offer to make plans and specifications available to DBEs at reasonable hours for viewing, copying, or borrowing and provide a list containing the location of plan rooms.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-61 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 D. When complying with the guidelines for contacting an adequate number of DBE firms, Bidders/Proposers shall use LACMTA’s DBE certified list included in the solicitation. When soliciting DBEs, Bidder/Proposer are requires to use the list of DBEs provided by LACMTA’s in the Letter of Invitation Supplement included in the referenced IFB/RFP.

Bidders/Proposers are encouraged to identify additional NAICS codes and request assistant from LACMTA to increase its efforts for achieving the DBE goal. Bidders/Proposers shall outreach to utilize DBE firms that can reasonably be expected to perform the identified subcontract work items.

E. As an additional outreach resource, Bidders/Proposers may obtain additional DBE listings from the California Unified Certification Program (CUCP) directory. Bidders/Proposers shall ensure that all DBE firms listed shall be certified under NAICS codes applicable to the scopes of work associated with the project. Additional DBE listings, not included in the solicitation, must be included in the Bidders/Proposers good faith efforts response.

Note: Determination of an adequate number of DBE's contacted shall depend on the number of DBEs available in each of the NAICS code work categories.

Guidelines for Contacts for various Work Categories: Number of DBEs Identified Guidelines for number of DBEs to Contact 1 - 50 Contact 50% of all listed DBEs 51 - 199 Contact 50% of all listed DBEs 200 or more Contact 40% of all listed DBEs

5. SOLICITATION FOLLOW-UP (15 POINTS)

(Complete Attachment E – Solicitation Follow-up Log)

Effort:

Bidder/Proposer shall conduct follow up with the number of DBE, referenced in the “Guidelines for Contacts for Various Work Categories” included in GFE Item #4. Bidders/Proposers shall conduct solicitation follow-up 10 days after the making the initial solicitation letters. Follow-up must be with same firms solicited from the LACMTA DBE certified list.

Bidders/Proposers may obtain additional DBE listings from the California Unified Certification Program (CUCP) directory. Bidder/Proposer shall ensure that all DBE firms listed shall be certified under NAICS codes applicable to the scopes of work associated with the project. Additional DBE listings, not included in the solicitation, must be included in the Bidder/Proposer good faith efforts response.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-62 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 Bidder/Proposer shall designate someone familiar with the project and capable of answering questions from potential DBE subcontractors and shall be responsible for solicitation follow-up. Additional consideration is given if, 10 days is not available between the mailing of the solicitations and the bid/proposal due date, follow-up will occur within a shorter, but reasonable period. Follow up communication may be conducted orally or in writing. Oral communication must include documentation of follow-up (email, letter or fax) and submitted with Attachment E.

Evidence:

Follow-up must with a minimum of 75% of the required number of DBEs referenced in GFE Item #4. Follow-up activity must be documented in telephone logs or other written documentation which provide, at a minimum, the following information:

A. Type of contact, e.g., telephone call, visit, email, letter.

B. Name and position of person who made contact on behalf of the Bidder/Proposer.

C. Name and address and/or email of firm contacted.

D. Name and position of person contacted, telephone number, and date of contact.

E. Indicate response from the firm contacted with regard to its interest in submitting a sub-bid/proposal.

F. Email return receipts to document successful delivery to DBE subcontractors, and in the case of returned email correspondence, documentation from the mail server that the email was undeliverable.

H. Bidder/Proposer shall provide written justification for decisions to self-perform work using its own workforce.

6. ASSISTANCE IN OBTAINING BONDS AND INSURANCE (3 POINTS)

Effort:

Assist DBE firms in obtaining bonding and insurance. The maximum points given if bonding and insurance is not required.

Evidence:

Includes a description of assistance provided by Bidder/Proposer to DBEs in obtaining bonding and insurance.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-63 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 7. ATTENDANCE AT PRE-PROPOSAL CONFERENCE (2 POINTS)

Effort:

Attendance at the Pre-Bid / Pre-Proposal Conference scheduled by LACMTA. Each Bidder/Proposer is strongly encouraged to attend the pre-bid/proposal meetings to be informed of the DBE requirements and provides an opportunity for Bidders/Proposers to meet, network and outreach to DBE firms. Regardless of whether a Bidder/Proposer attends the meeting, the Bidder/Proposer assumes responsibility for being informed and complying with DBE and GFE requirements.

Evidence:

Name and date of person(s) attending (verified by conference sign-in sheet).

8. LIST OF SUBCONTRACTORS SUBMITTING BIDS/PROPOSALS (15 POINTS)

(Complete Attachment F – List of All Firms/Solicitation Responses Received)

Effort:

When negotiating with subcontractors, Bidders/Proposers shall include DBE subcontractors, take price and capabilities as well as contracts goals into consideration. The Bidder/Proposer shall negotiate in good faith with DBEs and not unjustifiably reject bids/proposals prepared by any DBE.

Bidder/Proposer shall not reject DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities and must demonstrate justification based on a thorough investigation of their capabilities. Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest received. Please note that nothing in this paragraph shall be constructed to require the bidder/proposer or prime contractor to accept unreasonable quotes to satisfy contract goals. If the reason cited relates to bonding, financing or insurance, or requested further breakdown of the work the Bidder/Proposer must provide documentation describing in detail the assistance offered by the Bidder/Proposer to the DBE.

Evidence:

Names, addresses, dates, contact person, phone numbers, and emails of all subcontractors DBE and non-DBE firms who submitted bids/proposals and copies of all bids/proposals including telephone bids/proposals for all work categories identified in GFE item #3. Identify number of total bids, proposal or quotes received for each work category and corresponding number from DBE firms. Indicate reason for your choice of subcontractor(s). Submit written (e.g. emails, letters or faxes) documentation evidencing good faith negotiations between subcontractor and Bidder/Proposer. Only significant price differences (10% or more) between selected subcontractor/supplier, rejected DBE and prime contractors are valid cause for rejecting bids/proposals. Bidders/Proposers must have selected enough subcontracting item to meet the goal.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-64 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16  COMMITMENT OF OTHER OFFERORS (15 POINTS)

Effort:

In determining whether a Bidder/Proposer has made good faith efforts, Metro will take into account the performance of other Bidders/Proposers in meeting the contract goal. If an apparent successful Bidder/Proposer fails to meet the contract goal, but others meet it, Metro will reasonably raise the question of whether, with additional reasonable efforts, the apparent successful Bidder/Proposer could have met the goal. If the apparent successful Bidder/Proposer fails to meet the goal, but meets or exceeds the average DBE participation obtained by other Bidders/Proposers, Metro may view this, in conjunction with other factors, as evidence of the apparent successful Bidder/Proposer having made good faith efforts.

Evidence:

Metro will review the Bidder/Proposer efforts in conjunction with other factors, which includes but is not limited to the contract goal, DBE commitments, and additional efforts made by other Bidders/Proposers.

404 GOOD FAITH EFFORTS DOCUMENTATION FORMS:

The following GFE attachments must be included in the Bidder's/Proposer’s GFE:

ATTACHMENT A - SAMPLE ADVERTISEMENT ATTACHMENT B - NEWSPAPER ADVERTISEMENT LOG ATTACHMENT C - SELECTED WORK CATEGORIES FORM ATTACHMENT D - SAMPLE LETTER OF SOLICITATION ATTACHMENT E - SOLICITATION FOLLOW-UP LOG ATTACHMENT F - LIST OF ALL FIRMS/SOLICITATION RESPONSES RECEIVED ATTACHMENT G - WRITTEN SOLICITATION SUBMITTAL FORM ATTACHMENT H – BIDDER/PROPOSER NOTARIZED CERTIFICATION OF GOOD FAITH EFFORTS

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-65 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 ATTACHMENT A - SAMPLE ADVERTISEMENT

DBE SUBCONTRACTORS/SUPPLIER BIDS/PROPOSALS REQUESTED

CONTRACT NO. B234 WINDOW INSTALLATION, LOS ANGELES, CA.

BID/PROPOSAL SUBMITTAL DATE: DECEMBER 29, 20xx @ 2:00 PM

OWNER: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) PERFORMANCE/PAYMENT/SUPPLY BOND MAY BE REQUIRED

THIS ADVERTISEMENT IS IN RESPONSE TO LACMTA 'S DBE PROGRAM. LA CORP. INTENDS TO CONDUCT ITSELF IN "GOOD FAITH" WITH DBE FIRMS REGARDING PARTICIPATION ON THIS PROJECT. DRAWINGS AND SPECS WILL BE REVIEWED IN OUR OFFICE MONDAY THROUGH FRIDAY, 8:00 AM TO 5:00 PM. QUOTES ARE REQUIRED BY COB, DECEMBER 25, 20xx, SO THAT ALL BIDS/PROPOSALS CAN BE FAIRLY EVALUATED. PLEASE SUBMIT BIDS/PROPOSALS FOR THE FOLLOWING WORK (BUT NOT LIMITED TO): SIGNS, TRACK CONSTRUCTION, TIMBER TIES, BALLAST, APPURTENANCES, RAIL WELDING, A.C. PAVING, REINFORCING STEEL, SUPPLY PORTLAND CEMENT, CONCRETE PUMPING, METAL FABRICATIONS AND ELECTRICAL.

CONTACT: JOE DOE, PROJECT MANAGER - LA CORP. 134 MAYFLOWER AVE LOS ANGELES, CA 90343 213/555-5555 FAX 213/555-5555

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-66 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 ATTACHMENT B - NEWSPAPER ADVERTISEMENT LOG (Attach copies of ads)

Type of Publication Dates of Number of Days Newspaper Phone No. Circulation Minority/General/Trade Advertisement Advertised

1. Was Bid/Proposal due dates extended by LACMTA? Yes □ No □ 2. If the response to #1 is yes, explain positive and/or negative impact to DBE solicitations.

______

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-67 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 ATTACHMENT C - SELECTED WORK CATEGORIES FORM

Identify if Bidder's/Proposer's Percentage of Bidder/Proposer or Work Categories Additional Comments* Estimated Budget Estimate Subcontractor

% $ % $ % $

Total $ %

*Note: Provide additional comment/justification for each work categories that does not provide opportunities for DBEs, if the percentage of contracting is not sufficient to meet the established goal; and provide supporting documentation .

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-68 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 ATTACHMENT D - SAMPLE LETTER OF SOLICITATION

Date

DBE Firm Address City, State, Zip

ATTN: Chief Estimator

Project: B234, Trackwork Installation Owner: Metropolitan Transportation Authority Bid/Proposal Due Date: December 29, 20xx at 2:00 p.m.

We are bidding/proposing the above project as a prime contractor and would appreciate quotes from DBEs who are currently certified with LACMTA for the following work/services and/or materials:

 Clearing and Grubbing  Signal & Lighting  Excavation  Fencing  Backfill  Construction Area Signs  Landscaping

Plans and specifications are available for inspection at our office or at a local plan room (give name and location of alternate plan rooms, if available). Should you need any assistance in obtaining bonding or insurance, please feel free to call us. DBE firms can also referred to the Small Business Administration (SBA) and/or the Federal Department of Transportation (DOT) Bond Assistance Programs.

We are an Equal Opportunity Employer and, as a matter of policy, encourage the participation of Small Business Enterprises.

All DBE firms must be certified by the bid/proposal due date and must provide our office with a copy of your DBE certification to include with the bid/proposal. Should you have any questions regarding LACMTA’s certification process, contact LACMTA’s certification Hotline at (213) 922- 2600.

We will be contacting you by phone regarding this project, but feel free to contact us at (phone number) or by fax (phone number).

Yours truly,

Mr. Jim Mason Chief Estimator

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-69 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 1. ATTACHMENT E - SOLICITATION FOLLOW-UP LOG

NOTE: All Oral communication must include documented (email, fax or letter) follow-up – Attach Evidence.

Date and Follow-up Name of DBE Firm Contact Email and/or DBE Response Bidding / Bid/Proposal Time Method Person Phone No. Proposing Submittal Date Yes/No

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-70 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 2. ATTACHMENT F - LIST OF ALL FIRMS/SOLICITATION RESPONSES RECEIVED for LACMTA - PROJECT NAME AND NUMBER

Lowest Subcontractor/Supplier/ Email and Bidder/Proposer Address Work Category Amount Reasons for Rejecting Broker/Regular Dealer Phone , Will Subcontract

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-71 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 2. ATTACHMENT G – WRITTEN SOLICITATION SUBMITTAL FORM

Please check one:

 I've attached a list of solicitations*

 Refer to log below

Date Sent Name of DBE Firm Contact Person Email and/or Work Category Phone Number

* If attaching list of solicitations, the list must contain same information required on the log.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-72 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 2. ATTACHMENT H – BIDDER/PROPOSER NOTARIZED CERTIFICATION OF GOOD FAITH EFFORTS

Date

LACMTA

RE: Bid/Proposal Contract No. I hereby certify under the penalty of perjury that Bidder/Proposer [insert name of company] has actively and aggressively undertaken comprehensive “good faith” efforts to solicit and utilize DBE firms to meet the DBE participation requirements of this contract, as demonstrated by the documentation submitted in response to our efforts.

By signing below, the Bidder/Proposer hereby affirms that it has made good faith efforts and has documented all such efforts as stated in attached supporting documentation. I have the authority to make this statement for and on behalf of [company name]. All information provided herein and attached as evidence of our company’s good faith efforts is true, valid and accurate to the best of my knowledge.

Signature: ______

______

Date: ______

NOTARIZATION: Must be completed by a licensed Notary

County of ______State of ______

Subscribed and sworn before me this ______day of ______

Notary Signature ______

Notary Address ______

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-73 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 3. SECTION 500 - DBE CERTIFICATION

500 CERTIFICATION REQUIREMENTS: A firm only holding a current DBE certification issued by a certifying agency in the California Unified Certification Program (CUCP) may participate in the LACMTA DBE Program. Firms listed by Bidders/Proposers to meet DBE contract goal(s) must be certified by bid/proposal due date. LACMTA has a responsibility to ensure that eligible DBE firms participate in LACMTA’s contracting. If not, firm’s participation may not be counted toward the Bidder's/Proposer’s DBE commitment. Bidders/Proposers shall ensure DBE firms are certified in the North American Industry Classification System (NAICS) codes for the work in which the DBE firm is listed to perform and for which the Bidder/Proposer seeks DBE credit towards its DBE commitment. Certifications as a LACMTA DBE firm, means the firm met the DBE certification requirements and eligibility standards of the CUCP in accordance with 49 CFR Part 26 –Subpart D Certification Standards as followed by the CUCP. These standards and procedures are described in detail in the Certification Instructions, provided with the Application for Certification. Interested individuals or companies seeking certification will start the process by obtaining a copy of the DBE Application and Instructions.

501 DBE CERTIFICATION ELIGIBILITY: A. Each applicant for DBE certification must prove to LACMTA’s Certification Unit, by a preponderance of the evidence, that the applicant meets the criteria of social and economic disadvantaged, business size, ownership and control.

B. Certifications with respect to economic disadvantage, including signed statements of personal net worth and supporting documentation are required. If an individual’s Statement of Personal Net Worth shows that the individual’s personal net worth exceeds $1.32 million the individual’s presumption of economic disadvantage is rebutted and the person is not qualified to be a SBE owner.

C. The applicant firm can only be an eligible DBE, if the firm is an existing small business and including its affiliates, has had average gross receipts over the previous three years of less than 23.98 million or as adjusted for inflation by the US Secretary of Transportation.

D. A firm’s ownership by at least 51-percent majority owned by socially and economically disadvantaged individuals and must be real, substantial and continuing, going beyond pro forma ownership of the firm as reflected in merely the ownership documents but possess the power to control the firm’s management and policies.

E. The firm must be independent and not depend on its relationship with another firm or firms to be viable.

502 VERIFY THAT DBE CERTIFICATION IS CURRENT: Bidders/Proposers shall confirm the DBE certification status of listed DBE firms. To verify status of firms, for additional certification information, questions and to obtain a certification application, Bidders/Proposers or other interested parties may contact the LACMTA Certification Unit via email at [email protected] and by calling the DEOD Hotline at (213) 922-2600. Requests for verification of a firm’s DBE certification status, granted by LACMTA, can also be sent by fax to (213) 922-7660. It is recommended that verification be made within 72 hours of the bid/proposal due date.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-74 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 3. Bidders/Proposers shall include in its bid/proposal a copy of the DBE certification letter for each DBE firm listed. The letter serves to assist in verifying a firm’s eligibility.

SECTION 700 - CONTRACT COMPLIANCE

700 COMPLIANCE MONITORING: LACMTA will monitor the Contractor’s compliance with the DBE Program and administrative requirements for this contract as provided in the Contract Compliance Manual Federal incorporated into the executed contract.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-75 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 3. TABLE 1 - DBE COMMITMENT FORMS

To Be Completed By DBE Form Form No. Form Name Bidder/Proposer All Submittals (Includes DBE Primes) Subcontractors/Suppliers

Form 1 Proposed List of Subcontractors & Suppliers Required

Form 2 DBE Affidavit Required

DBE Proposed Lower Tier Subcontractors & Form 3 Required Suppliers Form 4 Business Data Sheet (DBE) Required

DBE Affirmation Form 5 Required (Only if subcontracting with DBE business)

 The Bidder/Proposer is required to complete and submit DBE Forms 1, 2 and 4. The Bidder/Proposer and each DBE subcontractor are required to complete and submit Form 5.  All Subcontractors/Suppliers are required to complete and submit Form 3 (if they are subcontracting) and Form 4. Subcontractors and Suppliers are required to complete and submit Form 5 if subcontracting with a DBE business.

NOTE: All DBEs are included in the DBE contract goal: African Americans, Asian Pacific Americans, Native Americans, Hispanic Americans, Subcontinent Asian Americans, and Women (including Caucasian Women). Only RC DBEs listed in the Bidder/Proposer’s bid or proposal will be counted towards the contract goal.

LACMTA will achieve its overall DBE goal using race conscious and race neutral measures in accordance with the US Department of Transportation DBE Program Rule 49 Code of Federal Regulations, Part 26.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-76 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 FORM 1 – PROPOSED LIST OF SUBCONTRACTORS AND SUPPLIERS TO BE COMPLETED BY BIDDER/PROPOSER

Bidder/Proposer shall list all first tier DBE and non DBE firms that will perform any portion of the work on DBE Form 1. Bidders/Proposers are required to utilize Race Conscious (RC) DBE firms in the performance of this project. RC DBEs are groups that have been identified as statistically and significantly underutilized. All DBEs are included in the DBE contract goal: African Americans, Asian Pacific Americans, Native Americans, Hispanic Americans, Subcontinent Asian Americans, and Women (including Caucasian Women). LACMTA will achieve a percentage of its overall goal utilizing race neutral measures. Completion of this form and Form 4 (Business Data Sheet) fulfills the requirements of the California Subletting and Subcontracting Fair Practices Act.

1. Bidder's/Proposer’s Name: 2. Project Name:

3. Total Bid/Proposal Price: 4. Bid/Proposal Due Date:

ABCDEFG SUBCONTRACTORS: BID/PROPOSAL PRICE C = Consultant BID/PROPOSAL PRICE TOTAL NAME OF BIDDER/PROPOSER FOR DESCRIPTION Or Contractor BID/PROPOSAL FOR DBE AND RC DBE OF S = Supplier1 PRICE OTHER DBE BID/PROPOSAL ALL SUBCONTRACTORS FIRMS ST WORK M= Manufacturer FIRMS PRICE ( 1 TIER) 1 (Race Conscious B = Broker (Race Neutral Participation) (COL # E + F) participation) T = Trucker

Bidder/ Prime’s $ Amount Proposer with its own workforce $ $

1. 2.

9. TOTAL BID/PROPOSAL PRICE (Should equal Line #3 above) $ $ $ $ 1If a RC DBE or RN DBE firm listed in column D and E are regular dealers, enter 60% of the bid/proposal price in column G. If a RC DBE or RN DBE firms listed in column D and E are brokers, enter the total amount of the fees and/or commissions charges in column G. If a DBE business is listed to provide materials/supplies, only sixty-percent (60%) of the cost for materials/supplies will be counted toward the DBE.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-77 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 FORM 2 – DBE AFFIDAVIT TO BE COMPLETED BY BIDDER/PROPOSER ONLY

PART A: DBE GOAL DECLARATION

RC DBE GOAL ACHIEVED

The Bidder/Proposer declares to the best of its knowledge, information and belief that by its efforts, it ACHIEVED a level of participation greater than or equal to the goal established for RC DBE participation.

The level achieved is ______percent (______%)

RC DBE GOAL NOT ACHIEVED

The Bidder/Proposer declares to the best of its knowledge, information and belief that while it made efforts to achieve the RC DBE participation goal, it DID NOT ACHIEVE a level of RC DBE participation greater than or equal to the goal established for RC DBE participation.

The level achieved is ______percent (______%)

While the Bidder/Proposer did exert efforts to achieve the goal, it was not successful. The Bidder/Proposer certifies that evidence of good faith efforts (GFE) will be submitted with the bid/proposal.

PART B: SIGNATURE

Executed on______, 20______, at, ______, ______Date City State

Business Name: ______

Authorized Signature:______

Printed Name: ______

Title: ______

E-mail: ______

Phone: ______

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-78 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 FORM 3 - DBE PROPOSED LOWER TIER SUBCONTRACTORS & SUPPLIERS TO BE COMPLETED BY ALL SUBCONTRACTORS

Project Name: ______IFB/RFP #:______

All subcontractors listed on Form 1 that are subcontracting work are requested to list ALL (DBE and Non-DBE) lower tier subcontractors. All DBEs are included in the DBE contract goal: African Americans, Asian Pacific Americans, Native Americans, Hispanic Americans, Subcontinent Asian Americans, and Women (including Caucasian Women). ONLY RC DBEs listed in the Bidder/Proposer’s bid or proposal will be counted towards the contract goal. LACMTA will achieve a percentage of its overall goal utilizing race neutral measures. Completion of this form and Form 4 (Business Data Sheet) fulfills the requirements of the California Subletting and Subcontracting Fair Practices Act. 1. Subcontractor’s Name: 2. Prime’s Name:

3. Total Bid/Proposal Price: 4. Bid/Proposal Due Date:

ABCDEFG INDICATE BELOW FOR ALL SUBCONTRACTORS: APPLY 60% for BID PRICE FOR NAME OF SUBCONTRACTOR DESCRIPTION C = Consultant SUPPLIER/REGULA TOTAL Or Contractor BID PRICE DBE AND ALL LOWER TIER OF R DEALER OR DBE BID PRICE S = Supplier1 FIRMS SUBCONTRACTORS WORK M= Manufacturer INDICATE BROKER (COL # E OR F) B = Broker1 FEE OR COMISIONS T = Trucker JV = Joint Venture Subs Your business’ $ $ $ $ $ Amount 1. s

r 2. o t

c 3. a r t 4. n o 5. c b 6. u S

7. r e i 8. T r 9. TOTAL BID/PROPOSAL PRICE e $ $ $ $ w (Should equal Line #3 above) o 1If a DBE firm listed in column D and E are regular dealers, enter 60% of the bid price in column G. If a DBE firm listed in column D and E are brokers, enter the total amount of the fees L and/or commissions charges in column F. If a DBE business is listed to provide materials/supplies, only sixty-percent (60%) of the cost for materials/supplies will be counted toward the DBE.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-79 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 FORM 4 - BUSINESS DATA SHEET (DBE) Page 1 of 2

TO BE COMPLETED BY BIDDERS/PROPOSERS AND ALL SUBCONTRACTORS LISTED ON FORM 1 AND FORM 3

Completion of this form, Form 1, and Form 3 fulfills the requirements of the California Subletting & Subcontracting Fair Practices Act.

PART A: BUSINESS DATA

1. Business Name: ______2. Business Address: ______Street City State Zip 3. Mailing Address: ______(If different from above) PO.BoxorStreetAddress City State Zip 4. County (and State)Business is located in:______( ______) State 5. Name of Owner:______Name Title 6. Owner’(s) Ethnicity:______

7. Phone: ( ) ______- ______9. Email Address: ______8. Fax: ( ) ______-______10. Age of Business: ______Years ______Months 11. If your business requires a license, complete below: 12. Business Annual Gross Receipts: a. License Type ______a. Less than $500,000 b. $500,000 to $1,000,000 b. License # ______c. $1,000,000 to $2,000,000 d. $2,000,000 to $5,000,000 c. Expires on ______e. Over $5,000,000 PART B: DBE CERTIFICATION STATUS

13. Is your business currently a DBE? Yes No

If “YES,” attach a copy of your DBE Certification Letter and check all appropriate boxes below: DBE Non-DBE a. Certified by the California Unified Certification Program (CUCP)? b. Certified by an organization outside of California? c. Name of Certifying Agency: ______Yes No 14. Is your business currently participating in a Joint Venture? If “YES,” a copy of the Joint Venture Agreement must be attached to this Form. 15. Name of Joint Venture and Partners. Is this business currently a certified DBE? DBE Non-DBE a. Business Name ______Name of Certifying Agency ______b. Business Name ______Name of Certifying Agency ______c. Business Name ______Name of Certifying Agency ______

DBEs must attach a copy of current certification.

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-80 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 FORM 4 - BUSINESS DATA SHEET (DBE) (Continued) Page 2 of 2

PART C: WORK DESCRIPTIONS

16. RFIQ, IFB, or RFP #:______

17. Provide complete description of scope of work, services, and materials to be performed or furnished1:

NAICS:

18. Will your business provide trucking company services on this project? Please mark one: Yes No

If marked YES, please complete items a. to c. below. If answered NO, answer “Not Applicable.”

a. How many trucks does your company own? ______b. How many trucks does your company lease? ______c. How many trucks are registered to your company? ______

PART D: SIGNATURE

The authorized signer declares that the information on this form and any attachments, are current, complete and accurate.

Business Name:

Authorized Signature: Signature of Director, Officer, General Partner or similarly situated Principal of the Business Printed Name:

Title:

Date:

1 The NAICS web site http://www.bls.gov/bls/NAICS.htm - Firms must be certified in the NAICS Codes listed

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-81 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 FORM 5 - DBE AFFIRMATION TO BE COMPLETED BY BIDDER/PROPOSER AND AFFIRMED BY DBE SUBCONTRACTORS

Bidder/Proposer and DBE subcontractors, at any tier level, are required to complete this form and affirm that DBEs subcontractors will be utilized consistent with the level of participation referenced on the Form 1 (Proposed List of Subcontractors & Suppliers) and Form 3 (DBE Proposed Lower Tier Subcontractors & Suppliers). Bidder/Proposer and DBE subcontractors must sign this form attesting to the accuracy of the information provided.

1. RFP/IFB Number:______

2. Project Name:______

3. Name of the Prime:______

4. Business Address:______Street City State Zip

5. Name of Proposed DBE Business:______

6. Business Address:______Street City State Zip 7. Total DBE Dollars Committed: $______(Amount should match $ Amount listed for this business on Form 1 or Form 3) 8. Identify the scope of work to be performed by DBE subcontractor and provide applicable Northern America Industry Classification System (NAICS) code(s): http://www.census.gov/eos/www/naics/

NAICS:

Affirmation: Signatures of the authorized representatives of the Bidder/Proposer and the DBE business below, represents the commitment by both parties. A formal subcontract agreement between the Bidder/Proposer and the DBE subcontractor shall include the scope(s) of work and monetary commitment referenced above. DBE commitments in this document shall be a condition of contract award.

______Name of Business Name of DBE Business

______Authorized Signature of Business11 Authorized Signature of DBE Business

______TypedorPrintedNameofSignee TypedorPrintedNameofSignee

______Title of Signee Title of Signee

______Telephone Telephone

______Email Email

______Date Date

11 Signature of the Contractor to which the DBE business will report to directly

LACMTA GA18-54 DBE INSTR TO BIDDERS/PROPOSERS (FEDERAL) RFIQ NO. PS54330 3-82 PRO FORM 068 ISSUED: 06.06.18 REVISION DATE: 08.09.16 SUBMITTAL REQUIREMENTS

1.1 GENERAL FORMAT

Proposals shall be prepared single-sided on 8-1/2 x 11" paper (recycled paper preferred) with 1" left, top, bottom and right margins. Typing shall be single spaced and with a minimum font size of ten. The original shall be bound in a three ring binder. Copies may be bound in any other fashion. Use of 11” x 17" fold out sheets for large tables, charts or diagrams is permissible, but should be limited. Elaborate format is not necessary. Do not provide promotional or advertising information.

A. One (1) hard copy original, three (3) hard copies and one (1) unalterable electronic copy (flash drive), including all submittal forms, are required. The proposals shall:

 Contain concise written materials and drawings that enable the reviewer to clearly understand the Proposer's capabilities;

 The number of pages for the Proposal shall not exceed 75 (excluding certifications and resumes). If the number of pages is exceeded, LACMTA reserves the right not to evaluate those additional pages;

 Specifically describe the Proposer's role in relationship to its subcontractors and suppliers and shall describe the interfaces with said subcontractors and suppliers; and

 Be submitted in multiple volumes as specified below.

B. ELECTRONIC COPIES:

The unalterable electronic copy shall be provided in a searchable Adobe PDF format (on a flash drive). The electronic copy shall be organized in the same manner as in the original hard copy and bookmarked for ease of navigation. If there is any variance between the original hard copy and the electronic copy, the original hard copy shall prevail.

1.2 PROPOSAL CONTENT

The proposal shall have the following components and shall be laid out in the format exactly as shown here:

VOLUME I

PROPOSAL LETTER (see Section 5); this letter must be completed and executed by an authorized representative of the Proposer. No other letter may replace or be included in addition to the Proposal Letter.

METRO GA18-54 SUBMITTAL REQUIREMENTS RFIQ NO. PS54330 3-83 PRO FORM 071 ISSUED: 06.06.18 REVISION DATE: 02.06.15 TAB A - EXECUTIVE SUMMARY (maximum of 3 pages)

TAB B - FIRM’S QUALIFICATIONS

Proposer shall demonstrate:

a. Knowledge and competence in the technical work area(s)/discipline(s) for which the firm is proposing. b. Organizational capacity for accomplishing all tasks specified in the Statement of Qualifications of the Bench. c. Demonstrate performance on similar projects within the last five (5) years, including record of successful completion, cost control, quality and compliance with milestones schedules. d. Familiarity, knowledge and experience of federal and state environmental requirements and current State laws and local regulations/ordinance applicable to the technical work areas within the past ten (10) years. e. Contractor’s experience working with subcontractors that are proposed as a team conducting projects similar and experience of subcontractors on Disciplines similar to those being advertised. f. Knowledge of and experience with the institutional and physical setting of the Los Angeles region.

TAB C - PROJECT MANAGER AND KEY STAFF’S QUALIFICATIONS AND AVAILABILITY

a. Clear and detailed organizational chart including prime staff and subcontractors that describes the roles and responsibilities of the key team members, number of key staffs, number of support staffs and the reporting structure. b. Relevant experience with similar projects within the last ten (10) years in California. c. Familiarity and current and past experience with Federal, State agencies and local jurisdictions within the Los Angeles County, as well as FHWA, FTA, and other Federal, State, and local permitting, and regulatory agencies in matters relevant to the work being advertised within the past ten (10) years. d. Demonstrated understanding of the Discipline(s) as described in the SOQ, and clear and efficient approach to the work.

TAB D - EFFECTIVE SCHEDULING/COST MANAGEMENT PLAN

a. Ability to develop resource allocation plan to meet Metro’s schedule for the Tasks described in the SOQ over the next 3 to 5 years. b. Strategies to expedite project process/delivery by reviewing agencies and others. c. Internal controls to track and report cost and percentage completion on a task by task basis.

METRO GA18-54 SUBMITTAL REQUIREMENTS RFIQ NO. PS54330 3-84 PRO FORM 071 ISSUED: 06.06.18 REVISION DATE: 02.06.15 VOLUME II CERTIFICATION FORMS

 DEOD SBE/DVBE Business Data Sheet – Form 3 (Page 3-18) (Prime and subcontractors)

 DEOD DBE Business Data Sheet – Form 4 (Page 3-80) (Prime and subcontractors)

 Bidders List Form – Pro Form 132 (Prime and subcontractors)

 Ethics Declaration – Pro Form 119 (Prime and subcontractors)

 General Certifications – Pro Form 026 (Prime and subcontractors)

 Certificate of Compliance with 49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations – Pro Form 024 (Prime and subcontractors)

 Certification of Compliance with Federal Lobbying Requirements (49 CFR Part 20) – Pro Form 025 (Prime and subcontractors)

 Certification of Prospective Contractor Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Pro Form 022 (Prime)

 Certification of Prospective Lower Tier Participant Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Pro Form 021 (Subcontractors)

VOLUME III COST PROPOSAL

(TO BE SUBMITTED ONLY AFTER BENCH CONTRACT AWARD AND ONLY IN RESPONSE TO A SPECIFIC TASK ORDER RFP)

The Proposer’s Price Proposal must include a completed and signed Metro Form 60 covering the entire Scope of Work for itself and any joint venture partners and Subcontractors.

The Price Proposal shall identify the Firm Fixed Price offer for the performance of the Scope of Work identified in the Statement of Work for the specific Task Order RFP. This Firm Fixed Price proposal shall be in accordance with the format prescribed by Metro.

METRO GA18-54 SUBMITTAL REQUIREMENTS RFIQ NO. PS54330 3-85 PRO FORM 071 ISSUED: 06.06.18 REVISION DATE: 02.06.15 EVALUATION CRITERIA

Any proposals resulting from this RFP will be evaluated according to the following criteria and associated weights.

BASIS FOR AWARD FOR A POSITION ON THE BENCH

Any contract resulting from this RFIQ will be awarded to that firm whose proposal meets the requirements of the RFIQ and is the most advantageous overall to Metro in terms of meeting the technical requirements and for attainment of project objectives as defined in the Statement of Qualifications, considering the evaluation criteria shown in the “Contractor Evaluation Matrix criteria and associated weights”. Sub-criteria are equally weighted.

Metro may request proposers to present an oral briefing and discuss the merits and /or deficiencies of their qualifications. However, Metro is under no obligation to enter into discussions or conduct negotiations with a proposer, but can award a contract on the basis of the proposal received without further discussion.

BASIS FOR AWARD OF A TASK ORDER

Once Contractors are placed on the bench, the following method of source selection shall apply.

Any Task Order Proposal will be evaluated according to the Evaluation Criteria and associated weights developed specifically for each Task Order.

All Task Order(s) will be awarded to the firm(s) whose Task Order proposal meets the requirements of the solicitation and is the most advantageous overall to Metro in terms of meeting the technical requirements and for attainment of project objectives as defined in the Statement of Work (SOW).

Metro may request Task Order proposers to present an oral briefing and discuss the merits and/or deficiencies of their proposal. However, Metro is under no obligation to enter into discussions or conduct negotiations with a proposer, but can award a Task Order on the basis of the offer received without further discussion.

Metro will evaluate each Task Order proposal according to how favorable the services offered are to Metro in light of the pre-established evaluation criteria. Metro will select for award those proposers offering the overall best value.

Contractor Source Selection for A&E Task Orders:

The method of assigning specific Architect and Engineering (A&E) Tasks determined to fall completely within Federal or State A&E laws will be as follows:

1. Metro will initiate a specific SOW for one or a series of the A&E Task Orders. 2. Metro will request technical proposals from all qualified Contractors within the approved bench for the specific discipline. Cost proposals shall be due at the

METRO GA18-54 SUBMITTAL REQUIREMENTS RFIQ NO. PS54330 86 PRO FORM 071 ISSUED: 06.06.18 REVISION DATE: 02.06.15 time oral presentations are scheduled with those proposers identified by Metro. Cost proposals are not a selection factor. 3. Metro will identify the Contractor whom it determines is the highest qualified firm based on pre-established Evaluation Criteria. 4. Metro will negotiate Cost and Scope only with the highest technically rated firm. Based upon the proposed dollar value of the task, an audit may be necessary. 5. If negotiations are successful, a Task Order will be executed. 6. If Metro cannot come to an agreement on a reasonable price for the negotiated Scope, Metro shall enter into negotiations with the next highest rated Contractor.

Contractor Source Selection for Non-A&E Task Orders:

1. Metro will initiate a specific SOW for one or a series of non-A&E Task Orders. 2. Metro will request technical and cost proposals from all qualified Contractors within the approved bench based on the appropriate discipline. 3. Metro will identify the Contractor whom it determines is the highest rated firm based on pre-established Evaluation Criteria, including technical and /cost factors.

The evaluation criteria for non-A&E Task Orders shall include cost as evaluation factor, as follows:

Cost Proposal (TBD)% - To be determined for each Task Order Requirement RFP.

The Cost Proposal will be factored into the Proposer's final evaluation score in the following manner:

Proposer Cost Score = Lowest Cost Proposed X TBD% Proposer's Cost

4. A Task Order will be awarded to the selected Contractor.

METRO GA18-54 SUBMITTAL REQUIREMENTS RFIQ NO. PS54330 87 PRO FORM 071 ISSUED: 06.06.18 REVISION DATE: 02.06.15 Contractor Evaluation Matrix Criteria

Metro Countywide Planning & Development Bench Date: ______1. Firm’s Qualifications (30%) (a) Knowledge and competence in the technical work areas for which the firm is proposing. (b) Organizational capacity for accomplishing all tasks specified in the Statement of Qualifications (SOQ) of the Bench. (c) Demonstrate performance on similar projects within the last five (5) years, including record of successful completion, cost control, quality and compliance with milestones schedules. (d) Familiarity, knowledge and experience of federal and state environmental requirements and current State laws and local regulations/ordinance applicable to the technical work areas within the past ten (10) years. (e) Contractor’s experience working with subcontractors that are proposed as a team conducting projects similar and experience of subcontractors on Disciplines similar to those being advertised. (f) Knowledge of and experience with the institutional and physical setting of the Los Angeles region. SUBTOTAL Section 1 (0-30 points) 2. Project Manager and Key Staff’s Qualifications and Availability (50%) (a) Clear and detailed organizational chart including prime staff and subcontractors that describes the roles and responsibilities of the key team members, number of key staffs, number of support staffs and the reporting structure. (b) Relevant experience with similar projects within the last ten (10) years in California. (c) Familiarity and current and past experience with Federal, State agencies and local jurisdictions within the Los Angeles County, as well as FHWA, FTA, and other Federal, State, and local permitting, and regulatory agencies in matters relevant to the work being advertised within the past ten (10) years. (d) Demonstrated understanding of the Discipline(s) as described in the SOQ, and clear and efficient approach to the work. SUBTOTAL Section 2 (0-50 points) 3. Effective Scheduling/Cost Management Plan (20%) (a) Ability to develop resource allocation plan to meet Metro’s schedule for the Tasks described in the SOQ over the next 3 to 5 years. (b) Strategies to expedite project process/delivery by reviewing agencies and others. (c) Internal controls to track and report cost and percentage completion on a task by task basis. SUBTOTAL Section 3 (0 – 20 points) TOTAL SCORE (0 – 100 points)

Criteria - Note: The firm will be evaluated for the Discipline and Responsibilities for which the firm is proposing to provide services.

METRO GA18-54 EVALUATION CRITERIA RFIQ NO. PS54330 3-88 PRO FORM 099 ISSUED: 06.06.18 REVISION DATE: 01.11.16 SECTION 4 – PRE-QUALIFICATION DOCUMENTS This page is intentionally blank Los Angeles County Metropolitan Transportation Authority CONTRACTOR PRE-QUALIFICATION APPLICATION

Other Than Construction Projects

If this Application is being submitted in response to a Request For Proposal (RFP), Invitation For Bid (IFB), or other procurement action, please reference the RFP or IFB name and number in the spaces provided below.

If this Application is not in response to a specific contracting action and is being submitted for general purposes, please write “GENERAL” in the "Name of Procurement" space.

Name of Procurement:

RFP or IFB Number:

Name of Applicant Firm:

Date Submitted:

Preparer’s Name:

THIS PAGE MUST BE COMPLETED AND INCLUDED WITH THE APPLICATION

READ THE INSTRUCTIONS BEFORE FILLING OUT THE QUESTIONNAIRE

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-1 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 PRE-QUALIFICATION APPLICATION INSTRUCTIONS 1. This is a Pre-Qualification Application for the Los Angeles County Metropolitan Transportation Authority (LACMTA). There are two different applications to be used for firms seeking contracts of $100,000 or greater with the LACMTA.

2. Which application should you use? Use the Construction Related Projects application if you are a construction company that will be bidding on any type of construction work. Use the Other than Construction Projects application if you are an engineering firm, consultant, legal firm, product vendor, or other business entity seeking a contract with LACMTA for the furnishing of goods or services.

3. The application should be completed by a person in the firm who is knowledgeable of and duly authorized to attest to the past and present operations of the firm and its policies. A corporate officer of the firm, owner or partner, as appropriate, must sign the Pre- Qualification Certification form (or Validation form if the firm is already approved).

4. All questions must be answered completely and any Yes answers must be fully explained. Disclaimers, general statements with global qualifications, or notations of Not Applicable (N/A) are not acceptable. Please note that a Yes answer to any question does not automatically result in denial of pre-qualification for a particular procurement. DEFINITIONS 1. Affiliate is defined as any one of the following: (1) any Firm other than Applicant Firm which owns 25% or more of Applicant Firm, such as parent companies or holding companies; (2) a subsidiary or a Firm in which Applicant Firm owns 25% or more; (3) a Firm in which a major stockholder or owner of Applicant Firm owns controlling interest; (4) a Firm with which Applicant Firm has or has had an unseverable business or professional identity, and (5) any permanent or temporary common business enterprise relationship in which the parties share operating responsibility and profits such as joint ventures.

2. Key Person – For purposes of pre-qualification a key person is (1) any person in Applicant Firm who owns 10% or more of the Firm and/or those who make decisions with respect to its operations, finances, or policies, such as the President, CEO, CFO, COO, and, in the case of partnerships, the General Partner(s); (2) Corporate Secretaries and Treasurers, as well as Directors, if they meet criteria #1, above; (3) Division or Regional Business Managers who operate away and independently from the Applicant Firm, but only if the division or regional office is bidding directly with the LACMTA. APPLICATION SUBMITTAL

Do not submit applications with bid or proposal, mail or deliver them to:

LACMTA Pre-Qualification Office Mail Stop 99-9-1 One Gateway Plaza Los Angeles, CA 90012-2952

If you have questions, call the Pre-Qualification Office at (213) 922-4130.

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-2 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 Applicant Firm: Tax ID No. or SSN:

SECTION I: IDENTIFICATION

1. Identification Of Applicant Firm

A. ______Name of Applicant Firm

B. ______Address City State Zip Code

C. ______(Mailing Address, if different from above)

D. ______(If doing business with the LACMTA under a DBA or other name, include legal name of the company and Tax ID No., if different)

E. Primary Company Telephone No. ( )______Fax No. ( )______

F. Applicant Firm's Contact Person for Pre-Qualification Office follow-up:

______Print or Type Name Position E-Mail Telephone Number

G. Has the Applicant Firm changed its address or has the Firm or its owner operated under any other name(s) including other DBAs in the past five years? If yes, explain fully on a separate sheet of paper. No Yes

H. Type of business organization: ______

YEAR organization established: ______NUMBER of current employees: ______

Sole Proprietor Corporation [Date and State of Incorporation ______]

Limited Liability Corporation (LLC) (Date and State of Incorporation ______

Limited Partnership (LP) Limited Liability Partnership (LLP)

General Partnership (GP)

[Date and State of Partnership filing ______]

Other (describe) ______

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-3 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 Applicant Firm: Tax ID No. or SSN:

I. List general type of business in which Applicant Firm is engaged (may include more than one). Attach copies of business licenses, if appropriate:

J. List type of product or service to be provided to the LACMTA.

SECTION II: OWNERSHIP/MANAGEMENT, PROJECT TEAM MEMBERS, AND RELATED ENTITIES

1. Owners/Key Persons (Pres, CEO, COO, CFO, etc)

List Owners and Key Persons of Applicant Firm. For large publicly traded companies, list only Key Persons. (See DEFINITIONS for clarification if necessary.)

Social Security No. (last four digits % Of Full Legal Name Title only) Ownership

[Use additional sheets if necessary]

2. Affiliations

A. List Affiliates, subsidiaries, holding companies, joint ventures, etc., of Applicant Firm. If no affiliates, state NONE. N/A is not an acceptable answer. Provide organizational, geographical or functional chart, if it would assist in clarifying the line(s) of authority. (See DEFINITIONS for clarification if necessary.)

*Type of Affiliate Name & Address Tel. # % Owned Top Executive’s Name Relation

*Type of Relationship: 1. Joint Venture (JV), 2. Parent Co (PC), 3. Holding Co (HC), 4. Subsidiary (S), 5. Other (O), please explain.

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-4 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 Applicant Firm: Tax ID No. or SSN:

B. At any time during the past five years have any Owners or Key Persons of Applicant Firm (if yes, explain fully):

1. Served as Key Person, Officer or Director, in any other Firm not affiliated with applicant Firm? If so, please explain in a separate sheet. No Yes

2. Had any ownership interest in any other Firm other than shares of publicly owned companies? If so, please explain in a separate sheet. No Yes

SECTION III:CIVIL ACTIONS

If “Yes” to Sections III, IV, or V, provide details including a brief summary of cause(s) of action, indicate if Applicant Firm, Key Person or Affiliate Firms were plaintiffs (P) or defendants (D); define charges explicitly, by what authority, court or jurisdiction, etc. In the case of tax liens, please indicate whether the liens were resolved with the tax authorities. Please submit proof of payment or agreements to pay the liens.

Complete details are required.

1. Violations Of Civil Law In the past five years has Applicant Firm, any of its Key Persons, or any Affiliate been the subject of an investigation of any alleged violation of a civil antitrust law, or other federal, state or local civil law? No Yes

2. Lawsuits With Public Agencies At the present time is, or during the past five years has the Applicant Firm, any of its Key Persons, or any Affiliate been a plaintiff or defendant in any lawsuit regarding services or goods provided to the LACMTA or to a public agency? No Yes

3. Bankruptcy During the past five years, has the Applicant Firm or any Affiliate filed for bankruptcy or reorganization under the bankruptcy laws? No Yes

4. Tax Liens During the past five years, has the Applicant Firm been the subject of a tax lien by federal, state or any other tax authority? No Yes

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-5 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 Applicant Firm: Tax ID No. or SSN:

SECTION IV:COMPLIANCE WITH LAWS AND OTHER REGULATIONS

1. Criminal

In the past five years has the Applicant Firm, any of its principals, officers, or Affiliates been convicted or currently charged with any of the following:

A. Fraud in connection with obtaining, attempting to obtain, or performing a public contract, agreement or transaction? No Yes

B. Federal or state antitrust statutes, including price fixing collusion and bid rigging? No Yes

C. Embezzlement, theft, forgery, bribery, making false statements, submitting false information, receiving stolen property, or making false claims to any public agency? No Yes

D. Misrepresenting minority or disadvantaged business entity status with regard to itself or one of its subcontractors? No Yes

E. Non-compliance with the prevailing wage requirements of the California or similar laws of any other state? No Yes

F. Violation of any law, regulation or agreement relating to a conflict of interest with respect to a government funded procurement? No Yes

G. Falsification, concealment, withholding and/or destruction of records relating to a public agreement or transaction? No Yes

H. Violation of a statutory or regulatory provision or requirement applicable to a public or private agreement or transaction? No Yes

I. Do any Key Persons in Applicant Firm have any felony charges pending against them that were filed either before, during, or after their employment with the Applicant Firm? No Yes

2. Regulatory Compliance In the past five years, has Applicant Firm, any of its Key Persons, or Affiliates:

A. Been cited for a violation of any labor law or regulation, including, but not limited to, child labor violations, failure to pay wages, failure to pay into a trust account, failure to remit or pay withheld taxes to tax authorities or unemployment insurance tax delinquencies?

No Yes

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-6 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 Applicant Firm: Tax ID No. or SSN:

B. Failed to comply with California corporate registration, federal, state or local licensing requirements? No Yes

C. Had its corporate status, business entity’s license or any professional certification, suspended, revoked, or had otherwise been prohibited from doing business in the State of California, in the last three years? No Yes

D. During the past five years, has Applicant Firm or any of its Key Persons had any certificates or certifications revoked or suspended, including disadvantaged-, minority-, or woman-owned business certifications? No Yes

E. Been suspended, debarred, disqualified, or otherwise declared ineligible to bid? No Yes

SECTION V: ETHICS

1. Conflict Of Interest

A. Does the Applicant Firm or any of its Key Persons have any existing relationships that could be construed as either personal or organizational conflicts of interest, or which would give rise to a conflict if Applicant Firm should be a recipient of a contract with the LACMTA? No Yes

B. Has any Owner, Key Person or Project Team member of Applicant Firm ever (if yes explain fully):

1. Been an employee of the LACMTA, or served as a Member of the LACMTA Board of Directors or as an Alternate? No Yes

2. Been related by blood or marriage to an LACMTA employee, LACMTA Board Member or Alternate? No Yes

2. Political, Charitable, And Other Contributions

Has the Applicant Firm, any of its Key Persons, or Affiliates ever, regardless of amount:

A. Given (directly or indirectly), or offered to give on behalf of another or through another person, money, contributions (including political contributions), or other benefits, to any current LACMTA Board Member or Alternate? No Yes

B. Given, or offered to give on behalf of another, money, contributions, or other benefits, directly or indirectly, to any current or former LACMTA employee? No Yes

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-7 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 Applicant Firm: Tax ID No. or SSN:

C. Been directed by any LACMTA employee, Board member or Alternate Board member, or contractor to offer or give money, contributions or other benefits, directly or indirectly, to any current or former LACMTA employee, Board member or alternate Board member? No Yes

D. Directed any person, including employees or subcontractors, to give money, contributions or other benefits, directly or indirectly, to any current or former LACMTA employee, Board member, Alternate Board member, or to someone else in order to benefit an LACMTA employee, Board member, or Alternate Board member? No Yes

E. Been solicited by any LACMTA employee, Board member, or Alternate Board member to make a contribution to any charitable nonprofit organization? No Yes

IF YES TO ANY OF THE ABOVE, SUBMIT LIST OF CONTRIBUTIONS AND FULL DETAILS.

SECTION VI:ADDITIONAL DOCUMENTATION REQUIRED

Copies of the following documents are to be submitted with this application:

1. Applicant Firm’s Current Local Business Licenses, if required by city, county or state, and

2. Applicant Firm’s Financial Statements (see specific requirements below):

A. PUBLICLY TRADED COMPANIES: Financial information will be accessed on-line. However, if additional information is needed, it will be specifically requested from the firm.

B. NON-PUBLICLY TRADED COMPANIES WITH AUDITED OR REVIEWED FINANCIAL STATEMENTS: Statements, including balance sheet, statement of earnings and retained income, with footnotes, for the most recent three years.

C. NON-PUBLICLY TRADED COMPANIES WITHOUT AUDITED OR REVIEWED FINANCIAL STATEMENTS: Company generated financial statements, including balance sheet, statement of earnings and retained income for the most recent three years. The Chief Financial Officer of the corporation, a partner, or owner, as appropriate, must certify these financial statements.

D. SOLE PROPRIETORSHIPS: Refer to C. If financial statements are not generated, please fill out and sign the Financial Statement form (page 9). Submit one form for each of the most recent three years.

NOTE: The LACMTA reserves the right to ask for additional documentation if it is reasonably required to make a determination of integrity and responsibility relevant to the goods or services the Applicant Firm will provide to the LACMTA if awarded a contract.

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-8 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 FINANCIAL STATEMENT

To be completed by Applicant Firms that do not produce company generated financial statements, including balance sheet, statement of earnings and retained income for the most recent three years (one sheet per year.)

ASSETS Cash on Hand and in Banks $______Account and Notes Receivable $______Fixed Assets (net of depreciation) $______Other Assets $______

Total Assets $______

LIABILITIES Accounts Payable ...... $______Notes Payable to Banks in next twelve months...... $______Notes Payable to Others...... $______Taxes Payable ...... $______

Long Term Liabilities (More than twelve months) $______

Other Liabilities $______

Total Liabilities $______

Net Worth $______

INCOME FROM OPERATIONS Revenue $______Interest from Bank Accounts $______

Cost of Goods Sold (if appropriate) $______

Gross Profit $______

General & Administrative Expenses $______Depreciation ...... $______Interest Paid...... $______Net Gain or Loss ...... $______

This information is provided for pre-qualification purposes only. It is considered a confidential document not subject to public disclosure under California law.

I hereby certify that the above information is true and accurate to the best of my knowledge and belief. I understand false statements may result in denial of pre-qualification, and possible debarment for a period of five years.

______Signature of Owner or Officer Date Signed

______Company Name For the Year Ended

______Federal ID #

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-9 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 Applicant Firm: Tax ID No. or SSN:

PRE-QUALIFICATION CERTIFICATION A COPY OF THIS CERTIFICATION MUST BE COMPLETED AND SIGNED BY A GENERAL PARTNER, OWNER, PRINCIPAL OR CORPORATE OFFICER AUTHORIZED TO LEGALLY COMMIT THE APPLICANT FIRM, AND SUBMITTED WITH THE APPLICATION.

The signer of this declaration recognizes that the information submitted in the questionnaire herein is for the express purpose of inducing the LACMTA to award a contract, or to allow the Applicant to participate in LACMTA projects as contractor, subcontractor, vendor, supplier, or consultant. The signer has read and understands the requirements of the program, and has read and understands the instructions for completing this form.

DECLARATION State of: ______County of: ______

I, (printed name)______, Social Security Number (last four digits) ______, being first duly sworn, state that I am the (title)______of Applicant Firm. I certify that I have read and understood the questions contained in the attached Application, and that to the best of my knowledge and belief all information contained herein and submitted concurrently or in supplemental documents with this Application is complete, current, and true. I further acknowledge that any false, deceptive or fraudulent statements on the Application will result in denial of pre-qualification.

I authorize the LACMTA to contact any entity named herein, or any other internal or outside resource, for the purpose of verifying information provided in the questionnaire or to develop other information deemed relevant by the LACMTA.

Signature of Certifying Individual Date

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Subscribed and sworn to (or affirmed) before me this ______day of ______, Date Month Year by ______. Personally known to me, or Proved to me on the basis of Name of Signer satisfactory evidence to be the person who appeared before me.

______Signature of Notary Public Place Notary Seal Above ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

NOTICE TO APPLICANTS A material false statement, omission or fraudulent inducement made in connection with this pre-qualification application is sufficient cause for denial of the application or revocation of a prior approval, thereby precluding the applicant Firm from doing business with, or performing work for, the LACMTA, either as a vendor, prime contractor, subcontractor, consultant or subconsultant for a period of five years. In addition, such false submission may subject the person and/or entity making the false statement to criminal charges. (Title 18 USC 1001, false statements; California Penal Code Section 132, offering altered or antedated or forged documents or records; and Section 134, preparing false documentary evidence].

NOTE: Applicant information submitted to the LACMTA in connection with pre-qualification is considered confidential. All such applicant information is confidential business information and will be afforded protection to the fullest extent permitted by law.

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-10 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 Applicant Firm: ______Tax ID No. or SSN: ______

LACMTA PRE-QUALIFICATION VALIDATION A copy of this VALIDATION must be completed and signed by at least one General Partner, Owner, Principal or Officer authorized to legally commit the Applicant Firm.

RFP or IFB Name and Number: ______

DECLARATION

I, (printed full name)______, Social Security Number ______being first duly sworn, hereby declare that I am the (position or title) ______of (Firm name) ______, and that I am duly authorized to execute this Validation Statement on behalf of this entity. I acknowledge that any false, deceptive or fraudulent statements on this validation will result in denial of pre-qualification. I hereby state:

the Pre-Qualification Application dated on file with LACMTA is correct and current as submitted.

the Pre-Qualification Application dated on file with LACMTA is correct and current as submitted, except as modified by the attached changed pages and/or attachments to said Application. (Applicant may attach additional sheets to describe changes). Attach recent financial statements if previous are more than one year old.

Signature of Person Certifying for Applicant Firm Date

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Subscribed and sworn to before me this ______day of ______,

(Notary Seal or Stamp)

______Notary Public Signature

My Commission expires ______

NOTICE TO APPLICANTS A material false statement, omission or fraudulent inducement made in connection with this pre-qualification application is sufficient cause for denial of the application or revocation of a prior approval, thereby precluding the applicant Firm from doing business with, or performing work for, the LACMTA, either as a vendor, prime contractor, subcontractor, consultant or sub-consultant for a period of three years. In addition, such false submission may subject the person and/or entity making the false statement to criminal charges. (Title 18 USC 1001, false statements; California Penal Code Section 132, offering altered or antedated or forged documents or records; and Section 134, preparing false documentary evidence).

Validation Submittal Do not submit validations with bid or proposal, mail or deliver them to: LACMTA Pre-Qualification Office Mail Stop 99-9-1 One Gateway Plaza Los Angeles, CA 90012-2952

METRO GA18-54 PRE-QUAL APP-OTHER THAN RFIQ NO. PS54330 4-11 PRO FORM 131 ISSUED: 06.06.18 REVISION DATE: 11/20/07 SECTION 5 – BID/PROPOSAL FORMS This page is intentionally blank PROPOSAL LETTER

HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY ONE GATEWAY PLAZA LOS ANGELES, CA 90012-2952

SUBJECT: REQUEST FOR INTERESTS AND QUALIFICATIONS CONTRACT NO. RFIQ No. PS54330 Countywide Planning & Development Bench

In response to the above referenced Request for Interests and Qualifications (RFIQ) and in accordance with the accompanying Instructions to Proposers and Submittal Requirements, we the undersigned hereby offer to perform and complete the work as required in the Contract Documents.

If recommended for contract award, will provide to Metro all required Certificates of Insurance.

The proposal submitted in response to subject RFIQ shall be in effect for 180 days after the proposal due date.

Further, the undersigned agrees to execute the Metro prepared Contract within ten calendar days after receipt of Notice of Award and provide to Metro all required Certificates of Insurance. The Proposer represents that the following person(s) are authorized to negotiate on its behalf with Metro in connection with this RFIQ and will provide appropriate evidence of authorization upon request:

Printed Name Title Phone

In addition to the formal certifications provided, the Proposer certifies that it has:

A. Examined and is fully familiar with all of the provisions of the RFIQ Documents and any amendment thereto;

B. Satisfied itself as to the requirements of the Contract;

C. Carefully reviewed the accuracy of all statements shown in this Proposal;

D. Examined the experience, skill and certification (if any) requirements specified in the Statement of Work and that the entities (Contractor, Subcontractor, Supplier) performing the work fulfill the specified requirements, and

METRO GA18-54 PROPOSAL LETTER RFIQ NO. PS54330 5-1 PRO FORM 53A ISSUED: 06.06.18 REVISION DATE: 03.02.17 E. Satisfied itself with respect to other matters pertaining to the RFIQ which in any way affect the performance of the Work.

F. Unless otherwise noted within this letter, the proposal has been submitted without exception and all Metro Contract Terms and Conditions are acceptable to the Proposer. Noted exceptions will be evaluated for responsiveness and significance, and may initiate discussions with the selected firm to clarify or resolve such exceptions. It is understood that if it is not in the best interests of Metro to accept proposed exceptions, notice will be provided to the Proposer to accept the Terms and Conditions as stated in the RFIQ, or be eliminated from further consideration.

Exceptions (if any):

Therefore, the undersigned hereby agrees that Metro will not be responsible for any errors and/or omissions in the Proposal.

The undersigned acknowledges receipt, understanding and full consideration of the following amendment to the RFIQ Documents:

Amendment No(s):

METRO GA18-54 PROPOSAL LETTER RFIQ NO. PS54330 5-2 PRO FORM 53A ISSUED: 06.06.18 REVISION DATE: 03.02.17 The Proposer further certifies that:

A. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms; and

B. The Proposal is made without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.

C. Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal. Proposer's Name:

Business Address:

Contractor's License No.:

License Expiration Date:

Classification Type:

Phone:______Fax:______

e-mail address

Signature of Authorized Official

Type or Print Name

Title

Date

METRO GA18-54 PROPOSAL LETTER RFIQ NO. PS54330 5-3 PRO FORM 53A ISSUED: 06.06.18 REVISION DATE: 03.02.17 ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California

County of ______)

On ______before me, ______(insert name and title of the officer) personally appeared ______, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______(Seal)

METRO GA18-54 PROPOSAL LETTER RFIQ NO. PS54330 5-4 PRO FORM 53A ISSUED: 06.06.18 REVISION DATE: 03.02.17 Project Name ______RFIQ, IFB, or RFP # ______

BIDDERS LIST FORM The Los Angeles County Metropolitan Transportation Authority (LACMTA) is required per 49 CFR 26. 11 (c) to create and maintain a comprehensive Bidders List. The Bidders List Form (PRO FORM 132) will be used to determine the relative availability of Disadvantaged Business Enterprises (DBEs) and non-DBEs. The Bidders List is a compilation of bidders, proposers, quoters, subcontractors, manufacturers, and suppliers of materials and services who have submitted bids (to the primary bidder) during the advertising period of a specific acquisition, (whether or not they are successful in their attempt to obtain a contract). Please provide the following mandatory data: Bidder 1: Business Data Business Name: Business Address:

Street City State Zip Name of Contact Person: Phone: Email Address: Type of Work:

Is this firm a certified DBE? a. Yes b. No AgeofBusiness:______Years ______Months

Annual Gross Receipts: a. Lessthan$500,000 b. $500,000 to $1,000,000 c. $1,000,000 to $2,000,000 d. $2,000,000 to $5,000,000 e. Over $5,000,000 Bidder 2: Business Data Business Name: Business Address:

Street City State Zip Name of Contact Person: Phone: Email Address: Type of Work:

Is this firm a certified DBE? a. Yes b. No Age of Business:______Years ______Months

Annual Gross Receipts: a. Lessthan$500,000 b. $500,000 to $1,000,000 c. $1,000,000 to $2,000,000 d. $2,000,000 to $5,000,000 e. Over $5,000,000 Bidder 3: Business Data Business Name: Business Address:

Street City State Zip Name of Contact Person: Phone: Email Address: Type of Work:

Is this firm a certified DBE? a. Yes b. No Age of Business:______Years ______Months

Annual Gross Receipts: a. Lessthan$500,000 b. $500,000 to $1,000,000 c. $1,000,000 to $2,000,000 d. $2,000,000 to $5,000,000 e. Over $5,000,000 If necessary this “Bidders List” form can be duplicated to include all firms (DBE and non-DBE) that have submitted a bid, proposal or quote on this DOT-assisted project.

METRO GA18-54 BIDDERS LIST FORM RFIQ NO. PS54330 5-5 PRO FORM 132 ISSUED: 06.06.18RFIQ NO. PS54330 REVISION DATE: 05.18.17 ISSUED: 06.06.18 PROPOSER: ______

LIST OF CURRENT PROJECTS – LAST FIVE (5) YEARS (Click here for the pdf with form fields version: http://media.metro.net/ebb/contract_templates/5- 005_054_and_055_List_of_Curr_and_Comp_Proj_%28Backlog%29.pdf)

OWNER'S NAME, PROJECT NAME AND ADDRESS, PHONE NO. ESTIMATED COST OF ESTIMATED LOCATION (INCLUDE DESCRIPTION OF WORK CONTACT PERSON BIDDER'S WORK COMPLETION CONTRACT NO.) EMAIL ADDRESS

Prime Sub $

METRO GA18-54 LIST OF CURR & COMP PROJ (BACKLOG) RFIQ NO. PS54330 5-6 PRO FORM 054 ISSUED: 06.06.18 REVISION DATE: 05.15.02 PROPOSER: ______LIST OF COMPLETED PROJECTS – LAST FIVE (5) YEARS (Click here for the pdf with form fields version http://media.metro.net/ebb/contract_templates/5- 005_054_and_055_List_of_Curr_and_Comp_Proj_%28Backlog%29.pdf)

Include only projects that are pertinent for this Invitation For Bids/Request for Proposal, in order to demonstrate Bidder's/Proposer's ability to perform the required Work. OWNER'S NAME, PROJECT NAME AND DATE ADDRESS, PHONE NO. ACTUAL FINAL LOCATION (INCLUDE DESCRIPTION OF WORK CONTRACT CONTACT PERSON CONTRACT VALUE CONTRACT NO.) DURATION EMAIL ADDRESS

Prime Sub $

METRO GA18-54 LIST OF CURR & COMP PROJ (BACKLOG) RFIQ NO. PS54330 5-7 PRO FORM 055 ISSUED: 06.06.18 REVISION DATE: 05.15.02 FORM 60 AND INSTRUCTIONS

PROFESSIONAL SERVICES CONTRACT PRICING PROPOSAL INSTRUCTIONS TO PROPOSER/CONTRACTORS

1. The purpose of this form is to provide a standard format by which the Proposer/Contractor submits to LACMTA a summary of incurred and estimated costs with attached supporting information suitable for detailed review and analysis.

In addition to the specific information required by this form, the Proposer/Contractor is expected, in good faith, to incorporate in and submit with this form any additional data, supporting schedules, or substantiation that is reasonably required to conduct an appropriate review and analysis of the specific facts of this procurement. For effective negotiations, it is essential to achieve a clear understanding of:

a. The existing data;

b. The judgmental factors/assumptions applied in projecting from known data to the estimate; and

c. The contingencies used by the Proposer/Contractor in its proposal price.

In short, the Proposer/Contractor's estimating process itself needs to be disclosed.

2. When attachment of supporting cost or pricing data to this form is impracticable, the data shall be summarized with schedules, as appropriate, and attached hereto. Actual supporting cost or pricing data shall be made available to the Contract Administrator or their representative upon request. If the Proposer/Contractor deems it necessary for a more effective and efficient proposal additional schedules may be attached.

NOTE: Excel users – For proper calculations of cost elements link additional sheets to summary page.

The separate Form 60 in Excel format was downloaded with this solicitation.

METRO GA18-54 CONTRACT PRICING AND TRAVEL EXPENSE RFIQ NO. PS54330 5-8 PRO FORM 060 ISSUED: 06.06.18 REVISION DATE: 10.22.15 ADDITIONAL INSTRUCTIONS "FORM 60"

1. Direct labor

This category covers all types of labor -- engineering (delineating different levels as appropriate), crafts, support staff, etc. -- that will be directly charged to the contract. (The Proposer/Consultant may classify labor in any categories that assist in managing the statement of Work as long as the costs are accumulated for the same categories that are used for estimating purposes.

a. Base Rate - Proposer/Consultant shall propose labor hours consistent with same or similar Work performed in the past.

2. Fringe Benefit Overhead

Provide the method of computation and application of Proposer/Consultant's overhead expenses, including cost breakdown and showing trends and budgetary data as necessary to provide a basis for evaluation of the reasonableness of proposed rates. Provide the reason for use of overhead rates, which depart significantly from experienced rates (reduced volume, a planned major rearrangement, etc.). Proposer/Consultant shall utilize forward pricing overhead rates, where applicable.

3. Subcontractors

Identify and provide total estimated cost or price for each subcontractor. Attach separate LACMTA "Form 60(s)" for all proposed subcontractors. If the subconsultant was competitively bid, submit the Form 60 submitted by each responding firm.

4. Other Direct Costs (ODC)

Provide itemized supporting cost or pricing data, including a description of its relationship to the Work. Specifically identify ODCs (i.e. with and itemized listing) by classification.

5. Travel

Travel shall be itemized to include the number of people traveling, the number of trips, the estimated cost of the transportation (including mode), per diem cost of each traveler, etc. Provide itemized supporting cost or pricing data, attached to “Form 60". Travel costs shall be limited to costs consistent with LACMTA Travel Policy.

6. General & Administrative (G & A)

If applicable, provide supporting cost data and method of calculation.

7. Fee/Profit

Proposer/Consultant shall identify the expected estimated fee/profit (i.e. percent and amount) to be earned and assumptions of risk to support the rate.

METRO GA18-54 CONTRACT PRICING AND TRAVEL EXPENSE RFIQ NO. PS54330 5-9 PRO FORM 060 ISSUED: 06.06.18 REVISION DATE: 10.22.15 8. Modifications

All cost elements shall be identified by separate cost categories. In addition, mark-ups, as stipulated in the Contract Changes clause, shall be identified as a separate cost element within each cost category.

NOTE: All cost elements shall be identified by separate cost categories. In addition, mark-ups, as stipulated in the Contract Changes clause, shall be identified as a separate cost element within each cost category.

The cost and pricing data must be accurate, complete and current, and the judgment factors used in projecting from the data to the estimates must be stated in sufficient detail to enable the LACMTA to evaluate the proposal.

METRO GA18-54 CONTRACT PRICING AND TRAVEL EXPENSE RFIQ NO. PS54330 5-10 PRO FORM 060 ISSUED: 06.06.18 REVISION DATE: 10.22.15 METRO TRAVEL AND EXPENSE GUIDELINES

All invoices shall include an itemized listing supported by copies of the original bills, invoices, expense reports and miscellaneous supporting data.

All travel submitted for reimbursement either to Los Angeles or from Los Angeles to other locations, shall have by Metro's Project Manager.

Time for travel will not be reimbursed except for travel during normal business hours.

A. Auto Mileage

Auto mileage will be reimbursed at Metro’s current mileage rate.

B. Air Travel

Air fares will be reimbursed based on the most direct route at coach class travel rates. Upgrading (coach to a higher class) of airline tickets will only be reimbursed when approved, and only when the business schedule requires immediate travel, and only higher class seats are available. Downgrading (exchange) of airline ticket where the Contractor receives financial or personal gain is not permitted. If a trip is postponed, reservations should be canceled immediately.

Travel arrangements should be made as early as possible (preferably three weeks) to take advantage of advanced reservation rates.

C. Combining Business Travel with Personal Travel

The Contractor's employees may combine personal travel with Metro business only if the personal travel does not increase the cost to Metro. Arrangement for personal travel should be handled by the Contractor's employee. Metro will not manage personal travel.

D. Air Travel Insurance

Metro does not pay for air travel insurance.

E. Accommodations

Metro will reimburse hotel room fees at the governmental rate. Metro may reimburse hotel room fees at the standard rate based on single room occupancy in cases where a government rate is not available. Metro will provide a letter to the Contractor which authorizes hotels to provide rooms at a government rate. This authorization only applies to Metro business travel.

F. Laundry

Laundry and dry cleaning charges will only be paid if a Contractor's employee is on travel for Metro for a period in excess of six (6) consecutive days.

METRO GA18-54 CONTRACT PRICING AND TRAVEL EXPENSE RFIQ NO. PS54330 5-11 PRO FORM 060 ISSUED: 06.06.18 REVISION DATE: 10.22.15 G. Entertainment

Metro will not pay for the rental of premium channel movies, use of health club facilities or other forms of entertainment.

H. Auto Rental

Metro will pay for reasonable car rental charges when required. The Contractor's employees are expected to request the rental of an economy car.

I. Meals

Meals will be reimbursed based on the actual cost up to a maximum of $50.00 per day of travel. Receipts are required for all meals. In order to be reimbursed, meal receipts (itemized if possible) in the form of receipts, credit card receipts, or cash register tape must be submitted. Metro will not pay for alcoholic beverages.

In lieu of itemizing meal expenses and submitting receipts, the Contractor's employees may claim the standard $26.00 per diem for the duration of the travel.

J. Telephone Usage

The Contractor's employees shall submit documentation regarding all telephone calls charged to Metro. Documentation must include the name of the party being called and the purpose of the call. Metro shall allow one business call upon arrival and one call prior to departure. Metro will not pay for additional business calls unless directly related to the Contract. Personal telephone calls are not reimbursable unless the Contractor's employee is on travel for Metro for more than three consecutive days. In this case, the cost of a call shall not exceed $5.00 and one call is permitted every other day.

K. Parking and Ground Transportation

Public transportation should be used whenever possible; however, if necessary, rental car expenses including gas will be reimbursed for authorized travel only. Cab fare (on a shared basis whenever possible) is reimbursable. Receipts shall be required to document all parking charges as well as other ground transportation charges.

The Contractor's employees shall rent the lowest automobile classification appropriate for the size or purpose of the group using the vehicle.

1-2 Travelers Compact 3 Travelers Medium/Intermediate 4-5 Travelers Full Size/Standard Equipment 6+ Travelers Van

The Contractor's employees must fuel rental automobiles prior to turn-in.

L. General Parking

The Contractor's employees should take advantage of "Early Bird Parking" whenever possible. Parking expense incurred while conducting Metro business is reimbursable. METRO GA18-54 CONTRACT PRICING AND TRAVEL EXPENSE RFIQ NO. PS54330 5-12 PRO FORM 060 ISSUED: 06.06.18 REVISION DATE: 10.22.15 M. Tolls and Fees

Transportation related toll charges incurred while on Metro business is reimbursable.

N. Baggage Handling

Baggage handling service fees within or outside the Los Angeles region are reimbursable at standard reasonable rates.

O. Other Business Expenses

Supplies, equipment rental, reprographics, and facsimile related expenses may be reimbursed when traveling on Metro business. Such expenses shall be billed at cost.

P. Non-Allowable Expenses

Metro will not provide any reimbursement for personal entertainment expenses, alcoholic beverages, travel expenses for family members, use of health club facilities, movies in hotels, personal items, charitable contributions, etc.

Q. Other Source of Information

Information not addressed herein regarding the allowability of cost reimbursement expenses is contained in the Federal Acquisition Regulations.

METRO GA18-54 CONTRACT PRICING AND TRAVEL EXPENSE RFIQ NO. PS54330 5-13 PRO FORM 060 ISSUED: 06.06.18 REVISION DATE: 10.22.15 SECTION 6 – REQUIRED CERTIFICATIONS This page is intentionally blank PROPOSER: ______

ETHICS DECLARATION

A. The following questions in Section D below are designed to ensure contractors, subcontractors and Metro, including its employees and Board of Directors, are able to comply with their obligations to avoid conflicts of interest issues. Your company, including all subsidiaries, affiliates, and “related business entities”, as that term is defined in California Code of Regulations 18438.5(b)(2), (collectively, “Declarant Company”) should make or cause to be made a reasonably diligent investigation prior to responding to the questions in Section D to ensure the responses are correct and a person legally authorized to act for or on behalf of the Declarant Company (“Authorized Representative”) signs below where indicated.

The Authorized Representative is responding on behalf of Declarant Company that Declarant Company has been designated to perform the work requested in the solicitation.

An affirmative response to any of the questions in Section D will not automatically cause Declarant Company to be disqualified. However, failure to answer the questions in good faith or providing material false answers may subject Declarant Company to consequences up to and including disqualification of its Bid/Proposal.

For questions related to this Ethics Declaration, please contact the Contract Administrator assigned to this procurement.

B. State the name(s) of your company, and all parent, subsidiaries, affiliates, and “related business entities”, comprising the Declarant Company. If none, circle “none” under each category below:

Name of parent: (none)

Name of subsidiaries (use additional sheet if necessary): (none)

Name of affiliates (use additional sheet if necessary) (none)

Name of “related business entities” (use additional sheet if necessary) (none)

C. For purposes of this Ethics Declaration, the term “Employee(s)” shall be defined as employees, officers, shareholders, partners, owners, or directors of Declarant Company.

D. Please answer the following questions:

Questions Yes/No 1. In the past 12 months, has any Employee been a Metro Board member or Metro employee? 2. Is any Employee related to a Metro Board member or Metro employee? 3. Is any Employee presently a Metro Board member or Metro employee? 4. Do any Metro Board members or Metro employees own any stock in Declarant Company? 5. In the past 12 months, has any Employee given any gifts to a Metro Board METRO GA18-54 ETHICS DECLARATION RFIQ NO. PS54330 6-1 PRO FORM 119 ISSUED: 06.06.18 REVISION DATE: 08.17.17 Questions Yes/No member or Metro employee? 6. In the past 4 years, has any Employee or family member of any Employee, made any campaign contributions to any present Metro Board member or Metro employee? 7. Does Declarant Company now employ as a lobbyist, or intend to employee as a lobbyist, any former Metro Board Member or any person employed by Metro in the past 12 months? 8. Did any Employee receive, or have access to, any confidential information concerning this Contract? 9. Did any Employee perform work within the last 3 years relating to the Project or the Services contemplated to be performed under this Contract, including (a) the development of the Statement of Work/Statement of Services or any specifications, or (b) any involvement with earlier phases of the Project or Services to be provided under this Contract? 10. If you answered “yes” to any question 1 through 9 above, provide, on a No. of separate sheet, a detailed explanation of the facts and circumstances that Pages give rise to the “yes” answer. This explanation shall contain all relevant Attached facts and information. This explanation shall, include names, dates, facts, amounts, and other and anything else necessary for a thorough response. Each explanation shall identify which of the 9 questions it is responding to and a separate explanation for each “yes” response is required.

E. By signing this Ethics Declaration, Declarant Company attests that: (1) It has read, understands, and shall abide by Metro’s Code of Conduct for Contractors at all times during its relationship with Metro, (2) Declarant Company’s consultants and subcontractors retained by Declarant Company (if any) to perform any work/services under the Contract have or will promptly upon Declarant Company’s hiring of those persons, read and abide by Metro Code of Conduct for Contractors, (3) Declarant Company has read and will continually remain in compliance with Metro’s Lobby Ordinance.

F. DECLARATION:

I, ______(name of Authorized Representative), on behalf of ______(name of Bidder/Proposer/Declarant Company), at which I am employed as ______(your title), declare that after having made or caused to be made a reasonably diligent investigation regarding the Declarant Company, the foregoing responses, and the explanation on the attached sheet(s), if any, in response to question 10, are correct to the best of my knowledge and belief. Further, I understand that failure to answer the questions in good faith or providing material false answers may subject Declarant Company to consequences up to and including disqualification of its Bid/Proposal.

______Signature Date

METRO GA18-54 ETHICS DECLARATION RFIQ NO. PS54330 6-2 PRO FORM 119 ISSUED: 06.06.18 REVISION DATE: 08.17.17 PROPOSER: ______

GENERAL CERTIFICATIONS

The Bidder/Proposer shall respond either "Yes" or "No" to each of the following where indicated. If the Bidder/Proposer's response is "No", a full explanation shall be provided in the space following the last item.

1.0 CERTIFICATE OF NONDISCRIMINATION Yes No

The Bidder/Proposer hereby certifies: that it does not unlawfully discriminate against any employee or applicant for employment with regard to race, sex, color, religion, ancestry, national origin, marital status, age (over 40), or disability (including AIDS, and cancer- related medical condition); that it is in compliance with all applicable Federal, state, and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment. The Bidder/Proposer and its Subcontractors shall comply with the provisions of the Fair Employment and Housing Act Gov. Code § 12900 and the applicable regulations promulgated thereunder. The Bidder/Proposer agrees specifically to adhere to the following:

A. Establish and observe employment policies that actively promote opportunities for minority persons and women at all job levels.

B. Communicate this policy to all company employees, outside recruiting services, especially those serving minority communities and women, and minority communities and women at large.

C. State in all solicitations or advertisements for employees that the Bidder/Proposer will consider all qualified applicants for employment without regard to race, sex, color, religion, ancestry, national origin, marital status, age (over 40), or disability (including AIDS, and cancer-related medical condition).

2.0 AFFIRMATIVE ACTION Yes No

The Bidder/Proposer certifies that it and those Subcontractors with subcontracts in excess of ten thousand dollars ($10,000) are maintaining Affirmative Action Programs consistent with those required under Federal Executive Order 11246. The detailed requirements are set forth in the Contract Compliance Manual.

METRO GA18-54 GENERAL CERTIFICATIONS RFIQ NO. PS54330 6-3 PRO FORM 026 ISSUED: 06.06.18 REVISION DATE: 11.05.13 3.0 FRAUDULENT USE OF DBE FRONTS Yes No

Only certified Disadvantaged Business Enterprises are eligible to participate in Metro contracts as DBEs. The Bidder/Proposer certifies that it has not knowingly and willfully used “fronts” as defined in section 100.6 of Metro’s Contract Compliance Manual (Federal) to meet the DBE goal established for this contract. The use of “fronts” and “pass through” Subcontracts to non-disadvantaged firms may constitute a criminal violation12.

4.0 WHISTLEBLOWER REQUIREMENTS Yes No

The Bidder/Proposer certifies that it will take no action, or adopt any rule, regulation or policy which is contrary to the provisions set forth in California Labor Code § 1101.

A full explanation of all "No" answers shall be provided below.

Bidder/Proposer hereby declares under the penalty of perjury under the laws of the State of California that the certifications made above in No. 1-4 are true and correct.

Executed on , 20 , at , (Date) (City) (State)

Typewritten or Printed Name Signature of Authorized Title Official

12 Any indication of fraud, waste, abuse, or mismanagement of these funds should be immediately reported to the Metro Small Business Diversity and Labor Compliance Office, at (213) 922-6000; the Metro Inspector General Office at (213) 344-7300 or the toll free hotline number (800) 221-1142; or to the Office of Inspector General, U.S. Department of Transportation at the toll-free hotline number (800) 424-9071; or to the following field office: 201 Mission Street, Suite 2210; San Francisco, CA 94105-1926; (415) 744-3133. METRO GA18-54 GENERAL CERTIFICATIONS RFIQ NO. PS54330 6-4 PRO FORM 026 ISSUED: 06.06.18 REVISION DATE: 11.05.13 PROPOSER: ______

CERTIFICATE OF COMPLIANCE WITH 49 CFR PART 655, PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS

Bidder/Proposer hereby certifies that:

A. Anti-drug Use and Alcohol Misuse Program

(Choose one Alternative with “X” in the box)

1. Bidder/Proposer has established and implemented an anti-drug use and alcohol misuse program meeting the requirements on 49 CFR 655.

2. Bidder/Proposer will establish and implement an anti-drug use and alcohol misuse program meeting the requirements on 49 CFR 655 prior to contract award.

B. Drug and Alcohol Testing Program

(Choose one alternative with “X” in the box)

1. To the best of my knowledge and belief the Work required under the Contract will not require the performance of “Safety Sensitive Functions” as defined in 49 CFR Part 655. OR 2. To the best of my knowledge and belief the Work required under the Contract will require the performance of “Safety Sensitive Functions” as defined in 49 CFR Part 655.

(If Alternative 2 was chosen, select one of the following alternatives with an “X” in the box) a. Bidder/Proposer has established and implemented a drug and alcohol testing program that complies with 49 CFR Part 655. OR b. Bidder/Proposer will establish and implement a drug and alcohol testing program that will comply with 49 CFR Part 655 prior to contract award.

METRO GA18-54 CERT OF COMPLIANCE DRUG AND ALCOHOL RFIQ NO. PS54330 6-5 PRO FORM 024 ISSUED: 06.06.18 REVISION DATE: 07.01.09 C. Submittals

Bidder/Proposer will submit its Anti-drug Use and Alcohol Misuse Program, and, if B.2 was marked above, its Drug and Alcohol Testing Program, to Metro for review and approval prior to contract award.

Bidder/Proposer:

Authorized Representative:

Signature of Authorized Representative:

Title:

Date:

METRO GA18-54 CERT OF COMPLIANCE DRUG AND ALCOHOL RFIQ NO. PS54330 6-6 PRO FORM 024 ISSUED: 06.06.18 REVISION DATE: 07.01.09 PROPOSER: ______

CERTIFICATION OF COMPLIANCE WITH FEDERAL LOBBYING REQUIREMENTS (49 CFR PART 20)

To be submitted with each Bid/Proposal or offer of Bidder/Proposer exceeding $100,000

The ______(Bidder/Proposer) certifies to the best of its knowledge and belief that:

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

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts, or influencing or attempting to influence; an officer or employee of any agency; a member of Congress; an officer or employee of Congress; an employee of a member or Congress or a Board member or employee of Metro in connection with this federally funded contract, grant, loan, or cooperative agreement, the undersigned shall register and comply with all federal disclosure requirements.

3. The undersigned shall require that the language of this certification be included in the solicitation and award documents for all subawards at all tiers including but not limited to subcontracts, subgrants and contracts under grants, loans and cooperative agreements and that all subrecipients shall certify and disclose accordingly.

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 Title 31 USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any offeror who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Executed on , 20 , at , (Date) (City) (State)

Typewritten or Printed Name Signature of Authorized Title Official

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-7 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 RESTRICTIONS ON LOBBYING

(a) Definitions, as used in this clause:

Agency as defined in Title 5 USC § 552(f), includes federal executive departments and agencies as well as independent regulatory commissions and government corporations, as defined in Title 31 USC § 9101(1).

Metro means the Los Angeles County Metropolitan Transportation Authority.

Covered Federal action means any of the following federal actions:

1. The awarding of any federal contract; 2. The making of any federal grant; 3. The making of any federal loan; 4. The entering into of any cooperative agreement, and 5. The extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement.

Covered federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act Title 25 USC § 450(b). Alaskan Natives are included under the definitions of Indian tribes in that Act.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any covered federal action.

Local government means a unit of government in a state and, if chartered, established, or otherwise recognized by a state for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

1. An individual who is appointed to a position in the government under Title 5, USC, including a position under a temporary appointment; 2. A member of the uniformed services as defined in Title 37 USC § 101(3); 3. A special government employee as defined in, Title 18 USC § 202; and, 4. An individual who is a member of a federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5 USC Appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, state, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization,

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-8 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 or any other Indian organization with respect to expenditures specifically permitted by other federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the federal government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes all contractors and subcontractors at any tier in connection with a federal contract. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a federal contract, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 days.

State means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a state, and a multi-state, regional, or interstate entity having governmental duties and powers.

(b) Prohibition.

(1) Title 31 USC § 1352 provides in part that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay 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 any of the following covered federal actions: the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(2) The prohibition does not apply as follows:

(i) Agency and legislative liaison by Own Employees.

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-9 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 contract if the payment is for agency and legislative liaison activities not directly related to a covered federal action.

(B) For purposes of paragraph (b) (2) (i) (A) of this section, providing any information specifically requested by an agency or Congress is allowable at any time.

(C) For purposes of paragraph (b) (2) (i) (A) of this section, the following agency and legislative liaison activities are allowable at anytime only where they are not related to a specific solicitation for any covered federal action:

(1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the persons products or services, conditions or terms of sale, and service capabilities, and

(2) Technical discussions and other activities regarding the application or adaptation of the persons products or services for an agency's use.

(D) For purposes of paragraph (b) (2) (i) (A) of this section, the following agency and legislative liaison activities are allowable only when they are prior to formal solicitation of any covered federal action:

(1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered federal action;

(2) Technical discussions regarding the preparation of an unsolicited proposal prior to official submission, and

(3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments.

(E) Only those activities expressly authorized by paragraph (b) (2) (i) of this section are allowable under paragraph (b) (2) (i).

(ii) Professional and technical services by Own Employees.

(A) The prohibition on the use of appropriated funds, in paragraph (b) (1) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a federal contract or an extension, continuation, renewal, amendment, or modification of a federal contract if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal or application for that federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal contract.

(B) For purposes of paragraph (b) (2) (ii) (A) of this section professional and technical services shall be limited to advice and analysis directly applying any

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-10 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her clients proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered federal action.

(C) Requirements imposed by or pursuant to law as a condition for receiving a covered federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents.

(D) Only those services expressly authorized by paragraph (b) (2) (ii) of this section are allowable under paragraph (b) (2) (ii).

(iii) Reporting for Own Employees.

No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

(iv) Professional and technical services by Other than Own Employees.

(A) The prohibition on the use of appropriated funds, in paragraph (b) (1) of this section, does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that federal contract.

(B) For purposes of paragraph (b) (2) (iv) (A) of this section professional and technical services shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-11 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered federal action.

(D) Persons other than officers or employees of a person requesting or receiving a covered federal action include consultants and trade associations.

(E) Only those services expressly authorized by paragraph (b) (2) (iv) of this section are allowable under paragraph (b) (2) (iv).

(1) Each person who requests or receives from Metro a contract with federal assistance shall file with Metro a certification, set forth in Bid/Submittal Form entitled FEDERAL LOBBYING CERTIFICATION, that the person has not made, and will not make, any payment prohibited by paragraph (b) of this clause.

(2) Each person who requests or receives from Metro a contract with federal assistance shall file with Metro a disclosure form, Standard Form-LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered federal action), which would be prohibited under paragraph (b) of this clause if paid for with appropriated funds.

(3) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraph (c) (2) of this section. An event that materially affects the accuracy of the information reported includes:

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-12 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 (i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or

(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or,

(iii) A change in the officer(s), employee(s), or member(s) contacted to influence or attempt to influence a covered federal action.

(4) Any person who requests or receives from a person referred to in paragraph (c) (1) of this section a subcontract with a contract value exceeding $100,000 at any tier under a contract with federal assistance shall file a certification, and a disclosure form, if required, to the next tier above. All disclosure forms shall be forwarded from tier to tier until received by the Prime Contractor who will forward it to Metro.

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-13 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 EXHIBIT 1

CERTIFICATION OF RESTRICTIONS ON LOBBYING

I, ______, hereby certify on behalf of (Name and title of contracting or sub-contracting official)

______that: (Name of contractor or subcontractor)

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

(2) If any funds other than federally 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 federal contract, grant, loan, or cooperative agreement the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is 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 Title 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Executed this ______day of ______, 20____.

By: ______(Signature of Authorized Official)

______(Typewritten or Printed Name)

______(Title of Authorized Official)

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-14 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 EXHIBIT 2

DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETION OF SF-LLL

This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation of receipt of a covered federal action, or a material change to a previous filing, pursuant to Title 31 USC § 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered federal action.

2. Identify the status of the covered federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime if the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks Subawardee, then enter the full name, address, city, state and zip code of the prime federal recipient. Include the Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the federal program, name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate federal identifying number available for the federal action identified in item 1 (e.g. Request for Proposal (RFP) number, Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the federal agency). Include prefixes, e.g., RFP-DE-90-001.

9. For a covered federal action where there has been an award or loan commitment by the federal agency, enter the federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box (es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the dates of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with federal officials. Identify the federal official(s) or employee(s) contacted or the officer(s), employee(s), or member(s) of Congress that were contacted.

15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (03-46-00046). Washington, D.C. 20503.

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-15 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to Title 31 USC § 1352 (See reverse for public burden disclosure.)

1. Type of Federal Action: 2. Status of Federal Action: 3. Status of Federal Action:  a. contract  a. bid/offer/application  a. initial change b. grant b. initial award b. material change c. cooperative agreement c. post award For Material Change Only: d. loan year______quarter ______e. loan guarantee date of last report ______f. loan insurance

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is subawardee. Enter name and Address of Prime:  Prime  Subawardee

Tier ______, if known:

Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description:

Department of Transportation Federal Transit Administration CFDA Number, if applicable: ______

8. Federal Action Number, if known: 9. Award Amount, if known:

$______

10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if different from (if individual, last name, first name, MI): No. 10.a) (last name, first name, MI):

attach continuation sheet(s) SF-LLL-A if necessary attach continuation sheet(s) SF-LLL-A if necessary

11. Amount of Payment (check all that apply): $ ______ actual  planned

12. Form of Payment (check all that apply): 13. Type of Payment (check all that apply):  a. cash  b. in-kind; specify: nature ______ a. retainer  b. one-time fee value ______ c. commission  d. contingent fee  e. deferred  f. other; specify ______

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employer(s), or member(s) contacted, for Payment indicated in Item 11:

15. Continuation Sheet(s) SF-LLL-A attached:  Yes  No

16. Information requested through this form is authorized by Title 31 Signature: ______USC § 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier Print Name: ______above when this transaction was made or entered into. This information will be reported to the Congress semi-annually and will Title: ______be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than Telephone No.:______Date: ______$10,000 and not more that $100,000 for each such failure.

Federal Use Only: Authorized for Local Reproduction Standard Form - LLL

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-16 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET

Reporting Entity: ______Page ______of ______

Authorized for Local Reproduction Standard Form LLL-A

METRO GA18-54 FEDERAL LOBBYING RESTRICTIONS RFIQ NO. PS54330 6-17 PRO FORM 025 ISSUED: 06.06.18 REVISION DATE: 07.01.09 PROPOSER: ______

CERTIFICATION OF PROSPECTIVE CONTRACTOR REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

PRIMARY COVERED TRANSACTIONS MUST BE COMPLETED BY BIDDER FOR CONTRACT VALUE OVER $100,000

[See Instructions for Completion in Instructions to Bidders in the section entitled CONTRACTOR DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION] Choose one alternative with “X” in the box: The Bidder, ______certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4. Have not within a three-year period preceding this Bid had one or more public transactions (Federal, State or local) terminated for cause or default. OR The Bidder is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In explanation, certify to those statements that can be certified to and explain those that cannot.)

The Bidder certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of Title 31 USC § Sections 3801 are applicable thereto. Executed on , 20 , at , (Date) (City) (State)

Typewritten or Printed Name Signature of Authorized Title Official

METRO GA18-54 CERT OF PROSPECTIVE CONTRACTOR RFIQ NO. PS54330 6-18 PRO FORM 022 ISSUED: 06.06.18 REVISION DATE: 07.01.09 CONTRACTOR DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

Pursuant to 49 CFR Part 29, to confirm the eligibility of the Bidder/Proposer or any covered Subcontractor to contract with Metro, Bidder/Proposer shall complete and submit with the bid/proposal the Certificate entitled “Certification of Prospective Contractor Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion”, and comply with subsection B below related to each Lower Tier covered transaction.

1. Instructions for Bidder/Proposers Certification - Primary Covered Transactions

A. In addition to signing and submitting this bid/proposal, the Bidder (also referred to as “prospective primary participant”) shall also provide the Certificate entitled Certification of Potential Contractor Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Primary Covered Transaction.

B. The inability of a person to provide the subject certification will not necessarily result in denial of participation in this Contract (also referred to as “primary covered transaction” or “covered transaction). The Bidder/Proposer shall submit an explanation of why it cannot provide the subject certification. The certification or explanation will be considered in whether or not to enter into this Contract. Failure of the Bidder/Proposer to furnish a certification or an explanation shall disqualify the Bidder/Proposer from participation of this Contract.

C. This certification is a material representation of fact upon which Metro will rely when Metro determines whether to enter into this Contract. If it is later determined that the Bidder/Proposer knowingly rendered an erroneous certification, Metro may terminate this Contract for cause or default in addition to other remedies available to Metro.

D. The Bidder/Proposer shall provide immediate written notice to Metro if at any time the Bidder/Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

E. The terms covered transaction (or as used herein “Contract”), debarred, suspended, ineligible, lower tier covered transaction (or as used herein “Subcontract” including a subcontract with a supplier), participant (or as used herein “Bidder/Proposer”), person, primary covered transaction (or as used herein “Contract” or “Prime Contract”), principal, bid/proposal (or as used herein “Bidder/Proposer”) and voluntarily excluded, as used in this Section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The Bidder/Proposer may contact Metro for assistance in obtaining a copy of those regulations.

F. The Bidder/Proposer agrees by submitting this bid/proposal that, should the Contract be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9,

METRO GA18-54 CERT OF PROSPECTIVE CONTRACTOR RFIQ NO. PS54330 6-19 PRO FORM 022 ISSUED: 06.06.18 REVISION DATE: 07.01.09 subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Metro.

G. The Bidder/Proposer further agrees by submitting this bid/proposal that it will include subsection B of this section and the certification titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” provided by Metro in the Bid/Proposal Forms without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

H. The Bidder/Proposer may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Bidder/Proposer may decide the methods and frequency by which it determines the eligibility of its principals. The Bidder/Proposer may, but is not required to, check the “List of Parties Excluded from Federal Procurement and Non-procurement Programs”.

I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this Section. The knowledge and information of the Bidder/Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

J. Except for transactions authorized under paragraph 6 of this subsection, if a Bidder/Proposer knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to Metro, Metro may terminate this transaction for cause or default.

2. Instructions for Prime tor Require of Sub-contractors Certification - Lower Tier Covered Transactions

A. By signing and submitting its lower tier bid/proposal, the prospective lower tier participant shall provide the certification in the Bid/Proposal Form entitled Certification of Prospective Lower Tier Participant Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions.

B. The certification in this subsection is a material representation of fact upon which Metro will rely when Metro enters into the Contract. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to Metro, Metro may pursue available remedies, including suspension and/or debarment.

C. The prospective lower tier participant shall provide immediate written notice to the Bidder/Proposer if at any time the prospective lower tier participant learns

METRO GA18-54 CERT OF PROSPECTIVE CONTRACTOR RFIQ NO. PS54330 6-20 PRO FORM 022 ISSUED: 06.06.18 REVISION DATE: 07.01.09 that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

D. The terms covered transaction (or as used herein “Contract”), debarred, suspended, ineligible, lower tier covered transaction (or as used herein “Subcontract,” including a subcontract with a Supplier), participant (or as used herein “Bidder/Proposer”), person, primary covered transaction (or as used herein “Contract” or “Prime Contract”), principal, bid/proposal, and voluntarily excluded, as used in this section, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. The prospective lower tier participant may contact the Bidder/Proposer for assistance in obtaining a copy of those regulations.

E. The prospective lower tier participant agrees by submitting its bid/proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this Contract, unless authorized by Metro.

F. The prospective lower tier participant further agrees by submitting its bid/proposal that it will include this subsection B and the Certification (in the Bid/Proposal Forms) titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.

H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this section. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

I. Except for transactions authorized under paragraph 5 of this subsection, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to Metro, Metro may pursue available remedies, including suspension and/or debarment.

METRO GA18-54 CERT OF PROSPECTIVE CONTRACTOR RFIQ NO. PS54330 6-21 PRO FORM 022 ISSUED: 06.06.18 REVISION DATE: 07.01.09 PROPOSER: ______

CERTIFICATION OF PROSPECTIVE LOWER TIER PARTICIPANT REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTIONS MUST BE COMPLETED BY PROSPECTIVE LOWER TIER PARTICIPANT (SUBCONTRACTOR OR SUPPLIER FOR CONTRACT VALUE OVER $100,000.00)

Choose one alternative with an “X” in the box:

The prospective lower tier participant ______certifies by submission of its lower tier bid or proposal to the best of its knowledge and belief, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

The prospective lower tier participant ______is unable to certify that neither it nor its principals is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded and attaches its explanation to this certification.

The prospective lower tier participant certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of Title 31 USC § 3801 are applicable thereto.

Executed on , 20 , at , (Date) (City) (State)

Typewritten or Printed Name Signature of Authorized Title Official

METRO GA18-54 CERT. OF PROSPECTIVE LOWER TIER RFIQ NO. PS54330 6-22 PRO FORM 021 ISSUED: 06.06.18 REVISION DATE: 07.01.09 CONTRACTOR DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION INSTRUCTIONS

Pursuant to 49 CFR Part 29, to confirm the eligibility of the Bidder/Proposer or any covered Subcontractor to contract with Metro, Bidder/Proposer shall complete and submit with the bid/proposal the Certificate entitled “Certification of Prospective Contractor Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion”, and comply with Subsection B below related to each lower tier covered transaction.

1. Instructions for Bidder/Proposers Certification - Primary Covered Transactions.

1. In addition to signing and submitting this bid/proposal, the Bidder (also referred to as “prospective primary participant”) shall also provide the Certificate entitled Certification of Potential Contractor Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Primary Covered Transaction.

2. The inability of a person to provide the subject certification will not necessarily result in denial of participation in this Contract (also referred to as “primary covered transaction” or “covered transaction.) The Bidder/Proposer shall submit an explanation of why it cannot provide the subject certification. The certification or explanation will be considered in whether or not to enter into this Contract. Failure of the Bidder/Proposer to furnish a certification or an explanation shall disqualify the Bidder/Proposer from participation of this Contract.

3. This certification is a material representation of fact upon which Metro will rely when Metro determines whether to enter into this Contract. If it is later determined that the Bidder/Proposer knowingly rendered an erroneous certification, Metro may terminate this Contract for cause or default in addition to other remedies available to Metro.

4. The Bidder/Proposer shall provide immediate written notice to Metro if at any time the Bidder/Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction or as used herein Contract, debarred, suspended, ineligible, lower tier covered transaction or as used herein “Subcontract” including a subcontract with a supplier, participant or as used herein Bidder/Proposer, person, primary covered transaction or as used herein Contract or Prime Contract, principal, bid/proposal or as used herein Bidder/Proposer and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The Bidder/Proposer may contact Metro for assistance in obtaining a copy of those regulations.

6. The Bidder/Proposer agrees by submitting this bid/proposal that, should the Contract be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Metro.

7. The Bidder/Proposer further agrees by submitting this bid/proposal that it will include subsection B of this section and the certification titled Certification Regarding

METRO GA18-54 CERT. OF PROSPECTIVE LOWER TIER RFIQ NO. PS54330 6-23 PRO FORM 021 ISSUED: 06.06.18 REVISION DATE: 07.01.09 Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction, provided by Metro in the Bid/Proposal Forms without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. The Bidder/Proposer may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Bidder/Proposer may decide the methods and frequency by which it determines the eligibility of its principals. The Bidder/Proposer may, but is not required to, check the “List of Parties Excluded from Federal Procurement and Non-procurement Programs.”

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this section. The knowledge and information of the Bidder/Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of this subsection, if a Bidder/Proposer knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9 subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to Metro, Metro may terminate this transaction for cause or default.

2. Instructions for Certification - Lower Tier Covered Transactions

1. By signing and submitting its lower tier bid/proposal, the prospective lower tier participant shall provide the certification in the Bid/Proposal Form entitled Certification of Prospective Lower Tier Participant Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions.

2. The certification in this subsection is a material representation of fact upon which Metro will rely when Metro enters into the Contract. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to Metro, Metro may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the Bidder/Proposer if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction or as used herein Contract, debarred, suspended, ineligible, lower tier covered transaction or as used herein Subcontract, including a subcontract with a Supplier, participant or as used herein Bidder/Proposer, person, primary covered transaction or as used herein Contract or Prime Contract, principal, bid/proposal, and voluntarily excluded, as used in this section, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. The prospective lower tier participant may contact the Bidder/Proposer for assistance in obtaining a copy of those regulations.

METRO GA18-54 CERT. OF PROSPECTIVE LOWER TIER RFIQ NO. PS54330 6-24 PRO FORM 021 ISSUED: 06.06.18 REVISION DATE: 07.01.09 5. The prospective lower tier participant agrees by submitting its bid/proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this Contract, unless authorized by Metro.

6. The prospective lower tier participant further agrees by submitting its bid/proposal that it will include this subsection B and the Certification (in the Bid/Proposal Forms) titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this Section. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of this subsection, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to Metro, Metro may pursue available remedies, including suspension and/or debarment.

METRO GA18-54 CERT. OF PROSPECTIVE LOWER TIER RFIQ NO. PS54330 6-25 PRO FORM 021 ISSUED: 06.06.18 REVISION DATE: 07.01.09