1 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH CAPUZZI CONSULTING GROUP, INC.
TO PROVIDE CONSULTING SERVICES
This Agreement is entered into effective as of January 20, 2026 (“Effective Date”)1 by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Capuzzi Consulting Group, Inc., A California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the City of Chula Vista Improvement Program (“CIP”) Project STL0451 (“Project”) requires professional engineering services for the design and construction support to a quarter mile Class I bike path known as, Bayshore Bikeway Segment 6A; and
WHEREAS, the Project is eligible for funding through the Federal Active Transportation Program (ATP), through the California Department of Transportation Division of Local Assistance (“Caltrans”); and
WHEREAS, the City requires Professional Engineering Services in order to design the Project which involves extensive environmental analysis to ensure compliance with requirements associated with ATP grant administered by Caltrans; and
WHEREAS, on August 15, 2025, the City solicited a Request for Qualifications (RFQ) for Professional Engineering Services in accordance with Caltrans Local Assistance Procedures Manual (“LAPM”) Chapter 10; and
WHEREAS, the City of Chula Vista received five (5) Statements of Qualifications from engineering consulting firms; and
WHEREAS, the formation of a consultant selection Committee (“Committee”) that included the contract administrator and subject matter experts from the project’s functional area; and
WHEREAS, the Committee reviewed and evaluated the Statements of Qualificaitons and three (3) firms were selected for interviews November 2025; and
WHEREAS, after the intereviews of three firms the Committee has determined Capuzzi Consulting Group, Inc. as the most qualified proposer; and
WHEREAS, staff recommends award of a contract to Capuzzi Consulting Group, Inc.to provide services required for the Project which will include preliminary engineering, environmental analysis, and final design engineering plans, specifications, estimates and bid quantities, bidding, construction, and closeout support for the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the City of Chula Vista Consultant Services Agreement with Capuzzi Consulting Group, Inc. to
1 If City Council approved, insert date of City Council approval. Otherwise, insert a date no later than date Consultant’s work commences.
2 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
Provide Professional Engineering Services for Bayshore Bikeway Segment 6A (CIP Project No. STL0451), in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same.
[End of Recitals. Next Page Starts Obligatory Provisions.] 3 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all 4 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
1.11 Prevailing Wage Compliance. Consultant and subcontractors shall comply with the state of California’s prevailing wage requirements in accordance with California Labor Code, and all Federal, State, and local laws and ordinances applicable to persons employed by them for public works in a covered work classification. The City has ascertained that general prevailing wage rates may be applicable to all or a portion of the work to be performed for the Required Services. This includes work performed during the design and preconstruction phases of construction including, but not limited to Construction/Building Inspectors, Land Surveying, and Field Soils and Material Testers. When payment of prevailing wages applies to the Required Services the wage rates shall be reimbursed at the minimum rates set by the State of California’s Department of Industrial Relations (DIR). The DIR’s prevailing wage determinations are available online at https://www.dir.ca.gov/OPRL/PWD/. Consultant and its subcontractors shall post a copy of the prevailing rates of wages at each applicable job site and shall make them available to any interested party upon request. The date of the City’s request for a cost proposal for a task order under this Agreement shall be used to determine which published prevailing wage rate applies to the task order. All published wage rates and all predetermined wage rate increases known at the date of the City’s request for a cost proposal shall apply.
1.12 Department of Industrial Relations (DIR) Registration. Pursuant to Labor Code Section 1725.5, the City requires, as applicable, Consultant and subcontractors of any tier to be registered with the DIR for the term of this Agreement.
1.13 Project Labor Agreement. Consultant and subcontractors, regardless of tier, performing any work under this Agreement as defined by California Labor Code section 1720, shall abide by the terms and requirements identified in the attached Exhibit E, Project Labor Agreement (PLA), incorporated into the Agreement by this reference. These terms and requirements include but are not limited to the following:
a. Letter of Assent. Consultant and subcontractors agree to be bound by the PLA by submitting a Letter of Assent (PLA Exhibit A) to the City’s Project Labor Coordinator. Consultant shall submit its Letter of Assent as a condition of Agreement award and all applicable subcontractors shall submit their Letters of Assent before starting any covered work on a project.
b. Pre-Job Conference. Consultant and subcontractors shall conduct a pre-job conference with the applicable Union(s) at least 14 calendar days before starting any covered work. Consultant is responsible for facilitating and scheduling its own pre-job conference and for facilitating, scheduling, and ensuring that all applicable subcontractors conduct a pre-job conference.
c. Certified Payroll Records. Consultant and subcontractors shall submit weekly certified payroll records including but not limited to a Statement of Compliance signed under penalty of perjury, reflecting the wages of all employees engaged in the work, using the City’s web-based labor compliance software. 5 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
Consultant is responsible for ensuring subcontractors submit certified payroll records to the City. In addition, Consultant and subcontractors shall also furnish records specified in Labor Code section 1776 directly to the Labor Commissioner in the manner required by Labor Code section 1771.4.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A.
Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 6 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all 7 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
certificates. The required certificates and endorsements should otherwise be on industry standard forms.
The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.
8 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. CONFLICTS OF INTEREST
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability.
5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the 9 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all” Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394.
10 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City.
City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws.
With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants.
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8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
12 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
CAPUZZI CONSULTING GROUP, INC. CITY OF CHULA VISTA
BY:_______________________________
_
BY:_____________________________
_
Matthew Capuzzi, P.E. JOHN MCCANN
President MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
13 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
José Serrato, P.E.
276 4 th Ave. Chula Vista, CA 91910
(619) 409-5922
[email protected]
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
[email protected]
B. Consultant Contract Administration:
CAPUZZI CONSULTING GROUP, INC.
2302 Via Dieguenos, Alpine, CA 91901
(610) 405-3929
[email protected]
For Legal Notice Copy to:
Capuzzi Consulting Group, Inc.
2302 Via Dieguenos, Alpine, CA 91901
(610) 405-3929
[email protected]
2. Required Services
A. General Description:
Preliminary Engineering, Environmental Analysis and Clearance, PA&ED, Final Design, and Design Support During Construction for Bayshore Bikeway Segment 6A.
B. Detailed Description:
The project consists of a proposed Class I bikeway facility, which is a path that provides a separate right-of-way (ROW) for the exclusive use of pedestrians and cyclists, called Segment 6A of the Bayshore Bikeway. The bike path, will extend approximately 0.25 miles southernly from E Street/ Gunpowder Point Drive on the north and F Street/Lagoon Drive on the south, and west of Bay Boulevard (see Attachment 1 for general location). A high-visibility crosswalk and a HAWK is proposed at the southern end of the bike path across Lagoon Drive. The project site is located along the Chula Vista Bayfront and within a San Diego Gas and Electric (SDG&E) Easement and San Diego Metropolitan Transit System (MTS) ROW. The proposed project is a phased component of the larger SANDAG Bayshore Bikeway. Appendix D provides an initial option for a Class I bikeway facility which includes a possible prefabricated bridge however; the selected consultant team shall evaluate and propose to the City the best path that takes into consideration existing 14 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
conditions that includes, but is not limited to, environmental, ROW, utilities, hydrology, and other constraints.
Caltrans Local Assistance Environmental documents shall be prepared according to the State of California Environmental Quality Act (CEQA) guidelines and in compliance with all applicable requirements of the National Environmental Policy Act (NEPA), and Federal Highway Administration (FHWA) environmental regulations.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 20, 2026, and end on January 20, 2029, for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below:
See attached Exhibit F for Applicable Hourly Rates
B. Reimbursement of Costs
☒Invoiced or agreed-upon amounts as identified in Exhibit F
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through January 20, 2029, shall not exceed $489,344.22.
5. Special Provisions:
☒Permitted Sub-Consultants:
Clark Land Resources (Optional)
Earth Mechanics
Group Delta
HELIX
Lewis Jones (Optional)
Parametrix
RE Services
RICK
Villa Civil
15 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
16 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act2 and the Chula Vista Conflict of Interest Code3 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.4 ☒ A. Consultant will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED5 from disclosure.
☐ B. Consultant WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and complete
separately for each individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: José Serrato
2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 3 Chula Vista Municipal Code §§2.02.010-2.02.040.
4 Cal. Gov. Code §§53234, et seq.
5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company).
17 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer6 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies.
☒ A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☐ B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows:
Current Officers can be located on the City of Chula Vista’s websites below:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us Planning Commissioners – www.chulavistaca.gov/pc
Candidate for Elected Office – www.chulavistaca.gov/elections
1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement?
YES: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☐
2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement?
YES: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☐
Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement.
6 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308
18 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
EXHIBIT E
PROJECT LABOR AGREEMENT
PROJECT LABOR AGREEMENT
by and among
THE CITY OF CHULA VISTA,
a California charter city and municipal corporation,
and
THE SAN DIEGO COUNTY
BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO
and
THE SIGNATORY CRAFT COUNCILS AND LOCAL UNIONS
SIGNING THIS AGREEMENT
Effective April 15, 2025
ACN 2025-278
R2025-056
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 i
TABLE OF CONTENTS
Page
Article 1. Definitions .......................................................................................................................... 2 Article 2. Scope of the Agreement ...................................................................................................... 4
2.1 General ................................................................................................................... 4
2.2 Funding-Based Exception ...................................................................................... 4
2.3 Included Work ....................................................................................................... 5
2.4 Excluded Work ...................................................................................................... 6
2.5 Awarding of Contracts ........................................................................................... 7
2.6 Master Labor Agreements ..................................................................................... 8
2.7 Instrument Calibration and Loop Checking Exception.......................................... 9 Article 3. Duration and Applicability of Agreement .......................................................................... 9
3.1 Duration ................................................................................................................. 9
3.2 Limits to Applicability ........................................................................................... 9
3.3 Binding on Signatories Only .................................................................................. 9
3.4 Other City Work .................................................................................................... 9
3.5 Completed Covered Projects ................................................................................. 9
3.6 Final Termination .................................................................................................. 9 Article 4. Union Recognition and Employment ................................................................................ 10
4.1 Recognition .......................................................................................................... 10
4.2 Contractor Selection of Employees ..................................................................... 10
4.3 Referral Procedures .............................................................................................. 10 Article 5. Equal Employment Opportunity and Nondiscrimination ................................................. 10
5.1 Nondiscrimination in Referral, Employment, and Contracting ........................... 10
5.2 Disabled Veterans and Small Business Enterprise Program ................................ 11
5.3 Core Employees ................................................................................................... 11
5.4 Employment of Local Hires and Disadvantaged Workers ................................... 12
5.5 Time for Referral ................................................................................................. 13
5.6 Lack of Referral Procedure .................................................................................. 13
5.7 City to Monitor Compliance ................................................................................ 13
5.8 Union Membership .............................................................................................. 13
5.9 Foremen ............................................................................................................... 14
5.10 Skilled and Trained Workforce ............................................................................ 14 Article 6. Union Access and Stewards .............................................................................................. 14
6.1 Access to Covered Project Sites .......................................................................... 14
6.2 Stewards ............................................................................................................... 14
6.3 Steward Layoff/Discharge ................................................................................... 15
6.4 Employees on Non-Covered Projects .................................................................. 15 Article 7. Wages and Benefits .......................................................................................................... 15
7.1 Wages .................................................................................................................. 15
7.2 Benefits ................................................................................................................ 15
7.3 Wage Premiums ................................................................................................... 16
7.4 Compliance with Prevailing Wage Laws ............................................................. 16 Article 8. Work Stoppages and Lockouts ......................................................................................... 16
8.1 No Work Stoppages or Disruptive Activity ......................................................... 16
8.2 Employee Violations............................................................................................ 17 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 ii
8.3 Standing to Enforce ............................................................................................. 17
8.4 Expiration of Master Labor Agreements ............................................................. 17
8.5 No Lockouts ......................................................................................................... 17
8.6 Best Efforts to End Violations ............................................................................. 17
8.7 Arbitration Procedure .......................................................................................... 18
8.8 Liquidated Damages ............................................................................................ 19
8.9 Payroll and Benefit Delinquencies....................................................................... 20 Article 9 Work Assignments and Jurisdictional Disputes................................................................ 21
9.1 No Jobsite Disruption .......................................................................................... 21
9.2 Jurisdictional Disputes ......................................................................................... 21
9.3 Failure to Comply ................................................................................................ 21
9.4 Pre-Job Conference .............................................................................................. 21 Article 10 Management Rights .......................................................................................................... 21
10.1 Contractor and City Rights .................................................................................. 21
10.2 Specific City Rights ............................................................................................. 22
10.3 Use of Materials ................................................................................................... 22
10.4 Special Equipment, Warranties, and Guaranties .................................................. 22 Article 11 Grievances and Disputes ................................................................................................... 23
11.1 Cooperation and Harmony on Covered Project Sites .......................................... 23
11.2 Processing Grievances ......................................................................................... 23
11.3 Limitations on Use of Procedures ........................................................................ 25
11.4 Notice ................................................................................................................... 25 Article 12 Compliance ....................................................................................................................... 25
12.1 Compliance with All Laws .................................................................................. 25 Article 13 Safety and Protection of Person and Property .................................................................. 25
13.1 Safety ................................................................................................................... 25
13.2 Drug and Alcohol Testing Policy ........................................................................ 25
13.3 Inspection ............................................................................................................. 25 Article 14 Travel, Subsistence, and Parking ...................................................................................... 25
14.1 Applicability ........................................................................................................ 25 Article 15 Apprentices ....................................................................................................................... 26
15.1 Importance of Training ........................................................................................ 26
15.2 Use of Apprentices............................................................................................... 26 Article 16 Work Opportunities Program ............................................................................................ 26
16.1 Intent .................................................................................................................... 26 Article 17 Helmets to Hardhats .......................................................................................................... 27
17.1 Veterans Entry into Building and Construction Trades ....................................... 27
17.2 Integrated Database .............................................................................................. 27 Article 18 Pre-Job Conference ........................................................................................................... 27
18.1 Pre-Job Conference Required .............................................................................. 27
18.2 Failure to Conduct ............................................................................................... 28
18.3 Project Labor Coordinator Participation .............................................................. 28 Article 19 Labor/Management and Cooperation ............................................................................... 28
19.1 Labor/Management Collaboration Meetings ....................................................... 28 Article 20 Legal Action ..................................................................................................................... 28
20.1 Legal Action ........................................................................................................ 28 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 iii
Article 21 Savings and Severability ................................................................................................... 29
21.1 Savings Clause ..................................................................................................... 29
21.2 Effect of Injunctions or Other Court Orders ........................................................ 29 Article 22 Waiver ............................................................................................................................. 29
22.1 Waiver .................................................................................................................. 29 Article 23 Amendments ..................................................................................................................... 29
23.1 Amendments ........................................................................................................ 29 Article 24 Miscellaneous Provisions ................................................................................................. 29
24.1 Construction ......................................................................................................... 29
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 1 PROJECT LABOR AGREEMENT
This PROJECT LABOR AGREEMENT (“PLA” or the “Agreement”) is entered into by and between the City of Chula Vista, a chartered municipal corporation (the “City”), the San Diego County Building and Construction Trades Council, AFL-CIO (the “Trades Council”), and the signatory Craft Unions (the “Union(s)”) (each a “Party”, together, the “Parties”), effective as of this 15th day of April, 2025 (the “Effective Date”).
RECITALS
A. WHEREAS, the City spends approximately $45 million, on average, each year on public works capital improvement projects (“CIPs”) critical to the safety, economic sustainability, and quality of life of its residents; and
B. WHEREAS, t he City’s public works CIPs typically incur construction costs between $150,000 and $5,000,000; and
C. WHEREAS, each year, the City enters into approximately 5 public works CIP construction contracts with a construction cost of $1,000,000 or more at the time of award (the “Covered Projects”); and
D. WHEREAS, City desires the completion of the Covered Projects in a professional, safe, efficient, and economical manner, without undue delay or work stoppages; and E. WHEREAS, the successful completion of the Covered Projects is of the utmost importance to the City; and
F. WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work on the Covered Projects, including workers affiliated with and/or represented by the Unions; and
G. WHEREAS, it is recognized that on construction projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and H. WHEREAS, the Parties agree that by establishing and stabilizing wages, hours, and working conditions for the workers employed on the Covered Projects , a satisfactory, continuous, and harmonious relationship will exist among labor and management that will lead to the efficient and economical completion of the Covered Projects; and
I. WHEREAS, in recognition of the special needs of the Covered Projects and to maintain a spirit of harmony, cooperative labor-management relations, peace, and stability during the term of this Agreement, the Parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes, and grievances without any strikes, slowdowns, work interruptions, or disruptions of the Covered Projects, and the Contractors agree not to engage in any lockout; and J. WHEREAS, the City places high priority on the development of comprehensive programs for the recruitment, training, and employment of disadvantaged workers and recognizes the ability of Apprenticeship Programs to provide meaningful and sustainable careers in the building and construction Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 2 industry. The Parties will encourage Local Residents and Disadvantaged Workers to participate in Covered Projects through programs and procedures jointly developed to prepare and encourage such individuals for entrance into Apprenticeship Programs and formal employment on the Covered Projects through the referral programs sponsored and/or supported by the Parties to this Agreement; and K. WHEREAS, it is further understood that the City shall administer and enforce the obligations of this Agreement to ensure that the benefits of this Agreement flow to all signatory Parties, craft persons working under it, and Local Residents.
AGREEMENT
NOW THEREFORE, in consideration of the above Recitals, and the covenants contained herein, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
Unless the context otherwise requires, the terms defined in this Article 1 shall, for all purposes of this Agreement, have the meanings herein specified, to be equally applicable to both the singular and plural forms of any of the terms herein defined.
1.1 Agreement. “Agreement” shall have the meaning given to such term in the preamble.
1.2 Applicable Prevailing Wage Laws . “Applicable Prevailing Wage Laws” means the prevailing wage laws, regulations, and determinations applicable to a Covered Project pursuant to the State of California Labor Code and/or the Davis-Bacon Act and related federal laws.
1.3 Apprentice. “Apprentice” means a craft employee registered and participating in an Apprenticeship Program for the entire time they are employed on a Covered Project.
1.4 Apprenticeship Program. “Apprenticeship Program” means an apprenticeship program (i) approved by the State of California’s Division of Apprenticeship Standards; (ii) registered with the U.S.
Department of Labor; or (iii) registered with a State Apprenticeship Agency granted authority by the U.S.
Department of Labor to register apprenticeship programs for federal purposes, pursuant to 29 CFR Part 29.
1.5 Building and Construction Trades Department . “Building and Construction Trades Department” means the Building and Construction Trades Department of the American Federation of Labor-Congress of International Industrial Organizations.
1.6 Center. “Center” means the Center for Military Recruitment, Assessment and Veterans Employment, a 501(c)3 nonprofit organization.
1.7 City. “City” shall have the meaning given to such term in the preamble.
1.8 City Manager. “City Manager” means the City Manager of the City of Chula Vista, or designee.
1.9 Contractor. “Contractor” means any individual, firm, partnership, corporation, owner operator, consultant, or combination thereof, including joint ventures, which has entered into a Covered Contract, including the Prime Contractor and subcontractors of any tier, performing Covered Work.
1.10 Cooperative Purchasing Agreement . “Cooperative Purchasing Agreement” means a contract, arrangement or agreement to purchase supplies, equipment or services through a cooperative purchasing program with the state of California, the County of San Diego, the City of San Diego, or any Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 3 other public agency, including a joint exercise of powers authority, school district, or water authority within the United States; provided that such items are purchased through a competitive process that the City’s Purchasing Agent determines to be consistent with good purchasing practices, as authorized by Chula Vista Municipal Code Section 2.56.140.
1.11 Core Employee. “Core Employee” means an employee of a Contractor that is not a Union member.
1.12 Covered Contract. “Covered Contract” means a prime contract or subcontract awarded for performance of the Covered Work, or an individual job order constituting a Covered Project.
1.13 Covered Project. “Covered Project” shall have the meaning given to such term in Recital C.
1.14 Covered Project Site. "Covered Project Site” means the location or locations at which the Covered Work will be performed.
1.15 Covered Work. “Covered Work” means work in furtherance of a Covered Project, other than work excluded pursuant to specific exemptions set forth in this Agreement.
1.16 Disadvantaged Area. “Disadvantaged Area” means a zip code that contains a census tract for which the average household income is no more than 80 percent of the average household income for the Metropolitan Statistical Area (as designed by the U.S. Office of Management and Budget) in which the census tract is located.
1.17 Disadvantaged Worker . “Disadvantaged Worker” means : an individual Domiciled in a Disadvantaged Area that a) has no high school diploma or general education diploma (GED), b) is homeless or has been homeless within the last year, c) is a former foster youth, d) is a custodial single parent, e) is experiencing protracted unemployment (defined as receiving unemployment benefits for at least three (3) months), f) is a current recipient of government cash or food assistance benefits, g) has a documented income at or below 100 percent of the Federal Poverty Level , or g) is formerly incarcerated; or a Veteran residing anywhere.
1.18 Domiciled. “Domiciled” shall have the meaning set forth in Section 349(b) of the California Election Code, indicating a fixed address with intent of continued residency.
1.19 Emergency Work . “Emergency Work” means work performed for the purpose of preventing or alleviating circumstances, then existing or imminent, that are likely to cause danger to persons or property or the interruption of services provided by the City or other public service entities, as determined in the City’s sole and absolute discretion.
1.20 Holiday. “Holiday” means the City -observed holidays established in Chula Vista Municipal Code Section 10.08.110, as it may be amended from time to time. If any holiday listed falls on a Saturday, then the Saturday and the preceding Friday are both legal holidays. If the holiday should fall on a Sunday, then the Sunday and the following Monday are both legal holidays.
1.21 Joint Labor -Management Apprenticeship Program . “Joint Labor -Management Apprenticeship Program” means a Joint Labor-Management Apprenticeship Program approved by the State of California’s Division of Apprenticeship Standards as provided for in the Master Labor Agreement(s).
1.22 Letter of Assent. “Letter of Assent” means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Covered Work, which formally binds such Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 4 Contractor(s) to adherence to all the forms, requirements, and conditions of this Agreement in the form of which is attached hereto as “Exhibit A”.
1.23 Local Hires. “Local Hires” means individuals who are employed by Contractors as craft employees to perform Covered Work and have a priority in being dispatched by the respective Unions.
1.24 Local Resident. “Local Resident” means either a resident of the City or a resident of the County of San Diego, excluding the City, that has been identified as a Disadvantaged Worker.
1.25 Lockout. “Lockout” means a Contractor’s exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination, or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement. Does not include City’s decision to stop, suspend, or discontinue any Covered Project or any portion thereof for any reason.
1.26 Master Labor Agreement. “Master Labor Agreement” means the local collective bargaining agreements of the signatory Unions having geographic and trade jurisdiction over the Covered Work, as they may be amended from time to time, and which are incorporated herein by reference.
1.27 Party. “Party” shall have the meaning given to such term in the preamble.
1.28 PLA. “PLA” shall have the meaning given to such term in the preamble.
1.29 Plan for Settlement of Disputes . “Plan for Settlement of Disputes” means the Plan for Settlement of Jurisdictional Disputes in the Construction Industry, or any successor plan.
1.30 Prime Contractor. “Prime Contractor” means the contractor awarded a Covered Contract in privity directly with the City.
1.31 Project Labor Coordinator. “Project Labor Coordinator” means the designee of the City, either from staff or a consultant acting on behalf of the City, to monitor compliance with this Agreement and assist with developing, implementing, and administering the requirements, policies, and programs referenced herein.
1.32 Tier 1 Local Hire. “Tier 1 Local Hire” means a Local Hire who is a resident of the City.
1.33 Tier 2 Local Hire. “Tier 2 Local Hire” means a Local Hire who is a resident of the County of San Diego, excluding the City.
1.34 Trades Council . “Trades Council” shall have the meaning given to such term in the preamble.
1.35 Union. “Union” shall have the meaning given to such term in the preamble.
1.36 Veteran. “Veteran” means a veteran or the eligible spouse of a veteran of the United States armed forces, under Section 2(a) of the Jobs for Veterans Act (38 U.S.C. 4215(a)).
1.37 Workforce Dispatch Request Form . “Workforce Dispatch Request Form” means the project-specific form by which Contractors request workers from the Union hiring halls on Covered Projects, an example of which is attached as Exhibit B.
1.38 Working Day. “Working Day” means Monday through Friday, excluding Holidays.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 5 1.39 Work Opportunities Program . “Work Opportunities Program” means a program jointly developed by the Parties to prepare and encourage Local Residents for entrance into Apprenticeship Programs and formal employment on the Covered Projects, as more fully described in Article 16.
ARTICLE 2. SCOPE OF THE AGREEMENT
2.1 General. This Agreement shall apply to onsite Covered Work , performed by Contractors(s).
2.2 Funding-Based Exception. The Parties agree and understand that this Agreement shall not apply to any Covered Project, or portion thereof that would otherwise be subject to this Agreement, if a governmental agency or granting authority fully or partially funding such Covered Project determines that it will not fund the Covered Project if it is subject to this Agreement. City will make reasonable effort to establish the inclusion of this Agreement with any governmental agency or granting authority funding a Covered Project . In no circumstance shall City be required to forgo project funding due to potential applicability of this Agreement.
2.3 Included Work. For the avoidance of confusion, items specifically included in the scope of this Agreement include, without limitation, the following:
(a) Onsite and Adjacent Work. All onsite site preparation, construction, alteration, demolition, installation, improvement, landscaping, painting or repair of buildings, structures and other works, and related activities for the Covered Project that is within the craft jurisdiction of one of the Unions and which is directly part of the Covered Project , including, without limitation, the following examples:
geotechnical and exploratory drilling, temporary HVAC , landscaping, temporary fencing, pipelines (includin g those in linear corridors built to serve the Co vered Project), pumps, and pump stations. Onsite work includes work done solely for the Covered Project in temporary yards, dedicated sites, or other areas, provided that they are adjacent to the Covered Project, and at any onsite or offsite batch plant constructed solely to supply materials to the Covered Project. (b) Systems Work . All startup, calibration, commissioning, performance testing, repair, maintenance or operational revisions to systems and/or subsystems for the Covered Project that are required as part of a Covered Contract, including warranty work performed after completion, unless such work is performed by City employees. Covered Work includes all onsite physical craft work that is part of startup and commissioning, including, but not limited to, system flushes and testing, loop checks, reword and modificat ions, and functional and operational testing up to and including the final running test. It is understood that the City’s personnel and/or representatives, together with the manufacturer’s and/or vendor’s representatives, and/or plant operating personnel may supervise and direct the startup, commissioning, rework, and modification activity, and that the onsite physical craft work is typically performed as part of a joint effort with these representatives and personnel. A manufacturer or its representatives may perform industry standard startup and commissioning work to satisfy its guarantee or warranty on a piece of equipment, and such work will be exempt from this Agreement to the extent the work is excluded by Section 2.4.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 6 (c) Fabrication. All onsite fabrication work over which Contractors possess the right of control (including work done for a Covered Project in any temporary yard or area established for the Covered Project). This Agreement also covers offsite fabrication to the extent that it is covered by existing Master Labor Agreements in effect at the time of the execution of this Agreement. All fabrication work over which a Contractor possesses the right of control, including without limitation, the fabrication of medical gas piping, air-handling systems and ducts, and HVAC sheet metal work, and which is traditionally claimed as onsite fabrication shall be performed onsite. Purchase of manufactured items from a genuine manufacturing facility for the supply of products is no t considered fabrication and is not subject to this Agreement.
(d) Batch Plants and Trucking . Onsite construction shall also include the site of any batch plant constructed solely to supply materials to the Covered Project.
Construction trucking work for the delivery of ready-mix, asphalt, aggregate, sand, or other fill or material which are directly incorporated into the construction process as well as the off -hauling of debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement to the fullest extent allowed by law and by t he prevailing wage determinations of the California Department of Industrial Relations.
2.4 Excluded Work. Items specifically excluded from the scope of this Agreement include the following:
(a) Non-Manual Employees. Work of non -manual employees, including but not limited to, superintendents, supervisors, staff engineers, timekeepers, mail carriers, clerks, office workers, messengers, guards, safety personnel, emergency medical and first aid technicians, and other prof essional, engineering, administrative, supervisory, and management employees . Notwithstanding the foregoing, however, this exclusion shall not apply to surveying and inspection services on a Covered Project, within the State of California’s general prevail ing wage determination for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors) unless they are SDCCD employees , when this work is performed under a Covered Contract or under a professional services agreement. This inclusion applies to the scope of work defined in the State of California Wage Determination for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors). This shall also specifically include such work where it is referred to by utilization of such terms as “quality control ” or “quality assurance. ” Every Surveyor and Inspector performing under these classifications on Covered Work pursuant to a professional services agreement directly with a Contractor shall be bound to all applicable requirements of this Agreement regardless of the manner in which the work was awarded. Department of State Architects (DSA), Inspector of Record (IOR) per project will be excluded from the scope of this Agreement provided the DSA-IOR required duties, as outlined in the California Building Standards Administrative Code (Part 1 Title 24 C.C.R.) Article 6, are supervisory and do not conflict with the above-defined scope of work; and
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 7 (b) Support Services . Non-construction support services contracted by the City or Contractor in connection with Covered Projects; and
(c) City Employees. All employees of the City, or any consultants for City (including, but not limited to, project managers, construction managers, and their employees) and their subconsultants and other employees of professional service organizations, not performing manual labor within the scope of this Agreement. (d) Work by Government and Private Utilities. Any work performed on, near, or leading to or into a site of work covered by this Agreement and undertaken by state, county, city or other governmental bodies, or their contractors (other than work within the scope of this Agreement undertaken by Contractors to the City) or by private utilities, or their contractors; and
(e) Offsite Work. All offsite manufacturing, fabrication, deliveries, maintenance, and handling of materials, equipment, or machinery, and the offsite hauling of materials of any kind to or from the Covered Project site. However, any laydown or storage areas for equipment or material and manufacturing (i.e., prefabrication) sites dedicated solely for the Covered Project, onsite fabrication, and the movement of materials or goods between locations on a Covered Project Site are within the scope of this Agreement. Onsite fabrication work includes work performed for the Covered Project in temporary yards or areas near the Covered Project. Onsite construction shall also include the site of any batch plant constructed solely to supply materials to the Covered Project; and (f) Manufacturer and Vendor Employees. Work performed by employees of a manufacturer or vendor on the manufacturer’s or vendor’s equipment, if required by the warranty agreement in order to maintain the warranty or guarantee, and provided that the warranty agreement is the manufacturer’s or vendor’s usual and customary warranty agreement for such equipment and is consistent with industry practice. Any work to be excluded pursuant to this subsection shall be identified and discussed at the relevant pre -job conference. Upon request from the Trades Council, City shall review with the vendor whether installation or application may be performed pursuant to the terms of the Agreement without affecting the status of the warranty; and
(g) Specialized or Technical Work. Specialized or technical work requiring specialized training, unique skills, or a level of specific technical experience which employees represented by the Unions do not possess, including but not limited to electrical utility and water utility work on high voltage utility equipment, water well construction, Supervisory Control and Data Acquisition (SCADA) or other computerized equipment, and other specialty utility construction work. At least ten (10) Working Days’ notice shall be given to the Trades Council prior to any work being performed pursuant to this exemption; and
(h) Insufficient Number of Bids . Contracts for which there are less than three (3) unrelated, qualified bidders (two ( 2) for ready -mix concrete), with five (5) Working Days’ written notice to the Business Manager for the Trades Council prior to bids being due that a sufficient number of bids have not been received.
This provision shall not apply unless City has: i) provided written notice of the Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 8 solicitation of bids to at least three (3) contractors (two (2) for ready-mix concrete) that are signatory to a Master Labor Agreement of the Union that has jurisdiction over the work and to such Union concurrently with the first bid solicitation at least twenty-one (21) days in advance of the deadline for receipt of bids; ii) provide the bid specifications, information and bidding requirements directly to any additional union-signatory contractors that the Union has requested receive the bid specifications; iii) established the same bid specifications and requirements for any non-union signatory contractor submitting a bid as were established for any Union- signatory contractor, whether or not the non -union is submitted after City has successfully invoked the provisions of this section due to failure to receive three (3) bids (two (2) for ready-mix concrete); and iv) established bid specifications and requirements that are consistent with City’s usual and customary bidding process and industry practice in the San Diego region; and
(i) Substantial Imp racticality or Inefficiency . The City may exclude any work constituting a Covered Project upon a 4/5 vote of its City Council finding and determining that said work as a Covered Project would result in a substantial inefficiency or impracticality; and
(j) Substantially Exceeds Engineer’s Estimate . If the lowest responsive and responsible bid exceeds the engineer’s estimate by thirty-five percent (35%) or more, the City reserves the right to reject all bids and readvertise the contract not as a Covered Project or Covered Contract and not subject to this PLA . This exemption cannot be invoked more than twice in any calendar year to exclude a Covered Project or a Covered Contract from the scope of the PLA; and (k) Laboratory testing work; and
(l) Emergency Work.
2.5 Awarding of Contracts.
(a) Each Union shall provide the Project Labor Coordinator a list of signatory Contractors, whose principal place of business is within the geographic jurisdiction of the City and that routinely perform work within the scope of the Covered Work in such area. The Union shall specify the type of work that such Cont ractor performs and may amend the list as necessary. City and any Prime Contractor that contracts Covered Work to another Contractor shall solicit bids from at least two (2) Contractors on the applicable Union’s list for the Covered Work, provided such Contractors meet any applicable City pre-qualification criteria. The solicitation of bids shall be based upon the same terms, conditions, and scope of work requested of all potential bidders. Notwithstanding the preceding sentence, City has the absolute right to bid or award Covered Contracts regardless of delivery method to any Contractor, notwithstanding the existence or non-existence of any agreements between such Contractor and any Union, provided only that such Contractor is willing, ready, and able to ex ecute a Letter of Assent as set forth in Exhibit A hereto, and comply with this Agreement in performance of the Covered Work. (b) It is agreed that all Contractors awarded Covered Work shall be required to accept and be bound by the terms and conditions of this Agreement. Contractors shall Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 9 evidence their acceptance of this Agreement by executing a Letter of Assent as set forth in Exhibit A hereto. The Prime Contractor must sign and submit the Letter of Assent as a condition of award prior to the execution of a Covered Contract. No Contractor shall commence Covered Work without first providing a copy of the signed Letter of Assent to the Project Labor Coordinator. (c) It is agreed that, to the extent permitted by law and consistent with the economy and efficiency of construction and operation, City and Contractors will use best efforts to purchase materials, equipment, and supplies that will not create labor strife. Under all circumstances, however, City and Contractors shall retain the absolute right to select Contractors for the award of contracts and subcontracts on all Covered Projects.
2.6 Master Labor Agreements.
(a) Conflicts Between Agreements. The provisions of this Agreement, including the Master Labor Agreements, shall apply to the Covered Work, notwithstanding the provision of any other local, area, and/or national agreement that may conflict with or differ from the terms of this Agreement. I n the event of any inconsistency between a Master Labor Agreement and this Agreement, the provisions of this Agreement shall prevail. In the event that this Agreement is silent on a matter that is addressed in a Master Labor A greement, the provisions of the Master Labor Agreement shall apply. Any dispute as to the applicable source between this Agreement and any Master Labor Agreement shall be resolved under the procedures established in Article 11.
(b) No Additional Agreements Required . It is agreed that this Agreement, together with the referenced Master Labor Agreements, constitutes a self -contained, standalone agreement and, by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local , area, or national collective bargaining agreement as a condition of performing work within the scope of this Agreement. Provided, however, that the Contractor may be required to sign a uniformly applied non -discriminatory Participation or Subscription Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor may be bound to make contributions under this Agreement, provided that such Participation or Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement for Covered Work and/or expand its obligation to make contributions thereto. It shall be the responsibility of the Prime Contractor to have each of its Contractors of any tier sign the documents with the appropriate Union prior to the Contractor beginning work on the Covered Projects.
(c) Continuation. Master Labor Agreements incorporated as part of this Agreement shall continue in full force and effect with regard to Covered Work, until the Master Labor Agreement is modified by parties thereto.
2.7 Instrument Calibration and Loop Checking Exception . Except for work performed under the NTL Articles of Agreement, the Stack/Chimney Agreement, and the National Cooling Tower Agreement, all instrument calibration work and loop checking shall be performed under the terms of the Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 10 UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, and the National Agreement of the International Union of Elevator Constructors, with the exception of Article 8 (Work Stoppages and Lockouts) and Article 11 (Grievances and Disputes) of this Agreement, which shall apply to such Covered Work.
ARTICLE 3. DURATION AND APPLICABILITY OF AGREEMENT
3.1 Duration. This Agreement shall be effective as of the Effective Date and shall continue in full force and effect through June 30, 2030 . Either the City or the Trades Council may provide written notice to the other, such notice to be provided not less than ninety (90) calendar days prior to the expiration of the Agreement, of its intent to extend the Agreement. Upon written mutual consent of the City and the Trades Council, the Agreement may be extended administrative for a period not to exceed five (5) additional years, for a total term of ten (10) years.
3.2 Limits to Applicability. The Parties agree that this Agreement will be made available to, and will fully apply to, any successful bidder for Covered Projects, without regard to whether that successful bidder performs work at other sites on either a Union or non-Union basis. This Agreement shall not apply to any work of any Contractor other than that on Covered Projects specifically covered by this Agreement.
3.3 Binding on Signatories Only. This Agreement and Letter of Assent shall only be binding on Contractors in the performance of Covered Work, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Contractors.
3.4 Other City Work . Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work, or function not covered by this Agreement, which may be performed by City employees or contracted for by the City for its a ccount, on its property, or in and around the Covered Project Site.
3.5 Completed Covered Projects. As portions of Covered Projects are completed and accepted by the City , this Agreement shall have no further force or effect on such portions of Covered Projects, except where the Contractor is directed by the City or the Project Labor Coordinator to engage in repairs, modifications, and/or checkout functions required by its contract(s) with the City. Notice of acceptance received by the Contractor will be provided to the Trades Council with the description of the portion, segment, etc. that has been accepted by the City. Acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply to each item on such list until it is completed to the satisfaction of the City and notice of same is given by the City or its representative to the Contractor.
3.6 Final Termination. Final termination of all obligations, rights, liabilities, and disagreements shall occur upon receipt by the Trades Council of a notice from the City confirming that no work remains within the scope of the Agreement.
ARTICLE 4. UNION RECOGNITION AND EMPLOYMENT
4.1 Recognition. The Contractor recognizes the Unions as the exclusive bargaining representative for the employees engaged in Covered Projects. Such recognition does not extend beyond the period when the employee is engaged in Covered Work.
4.2 Contractor Selection of Employees. The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off , consistent with this Article. The Contractor shall also have the right to reject any applicant referred by a Union for Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 11 any lawful reason, subject to any reporting time requirements of the applicable Master Labor Agreement; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor’s commitment to employ qualified workers through procedures endorsed in this Agreement.
4.3 Referral Procedures.
(a) Job Referral System. For Unions having a job referral system contained in a Master Labor Agreement, the Contractor agrees to comply with such system, and such system shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system w ill be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations that require equal employment opportunities and nondiscrimination. All of the foregoing hiring procedures, includin g related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of Local Hires and Disadvantaged Workers on the Covered Projects, and to facilitate the ability of all Contractors to meet their employment needs. (b) Duty to Recruit and Refer . The Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractors, including specific employment obligations to which a Contractor may be legally and/or contractually obligated; and to refer Apprentices as requested to develop a larger, skilled workforce to perform Covered Work. The Unions will work with the Project Labor Coordinator and others designated by the City to identify and refer competent craft persons as needed for Covered Work.
Contractors and Unions shall identify individuals, particularly Disadvantaged Workers and Veterans, for entrance into Apprenticeship Programs. (c) Currently Employed. The Union shall not knowingly refer an employee currently employed by a Contractor on Covered Project to any other Contractor.
ARTICLE 5. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION
5.1 Nondiscrimination in Referral, Employment, and Contracting. The Parties and Contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, ethnicity, color, ancestry, religious creed, national origin, sexual orientation, physical disability, mental disability, medical condition, age, marital status, denial of family care leave, genetic information, gender, gender identity, gender expression, military or veteran status, criminal records, part incarceration, previous status as a foster youth, political affiliation, or membership in a labor organization in hiring and dispatching workers for the Covered Projects. The Parties and Contractors will ensure that the evaluation and treatment of their employees, members, and applicants for employment or membership are free from such discrimination and harassment.
5.2 Disabled Veterans and Small Business Enterprise Program. The Parties acknowledge that the City has adopted Council Policy 160 -03 (Disabled Veterans and Small Business Enterprise Program), provided as Exhibit C. The Parties and Contractors shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement that may appear to interfere with Disabled Veterans Business Enterprises and Small Business Enterprises successfu lly bidding for work on Covered Projects shall be carefully reviewed and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with Council Policy 160-03, as it may be amended from time to time, on Covered Projects.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 12 (a) Duty to Report. In order to assist the City in monitoring compliance with Council Policy 160 -03, each Prime Contractor shall be responsible for providing documentation verifying compliance with same to the Project Labor Coordinator.
5.3 Core Employees. This section only applies to Contractors who are not directly signatory to an applicable Master Labor Agreement.
(a) Hiring Procedures. Contractors who are not otherwise signatory to a Master Labor Agreement may employ, as needed, first, a referral from the appropriate Union hiring hall, then a Core Employee, then a second employee through the referral system, then a second Core Employee, and so on, until a maximum of three (3) Core Employees are employed per craft on the Project. Thereafter, all additional employees in the affected trade or craft shall be requested and referred from the appropriate Union hiring hall in accordance with this Article. (b) Registration Required. Section 5.3 only applies to Contractors who are not directly signatory to a current Master Labor Agreement for the craft worker in its employ and is not intended to limit the transfer provisions of the Master Labor Agreement of any trade. As part of this p rocess, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their Core Employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment working under the Covered Contract at the Covered Project Site. The registration process shall be administered by the Contractors and Union reasonably, but without impacting the Covered Project schedule.
(c) List to be Provided. Prior to each Contractor performing any work on a Covered Project, each Contractor shall provide a list of Core Employees to the Project Labor Coordinator and the Trades Council. After submitting the Core Employee list prior to commencing work on that Co vered Project, Contractors shall not make any changes or substitutions to the Core Employee list for the duration of that Covered Project without prior agreement by the Parties, unless one or more Core Employees retires, changes employer, resigns, or is terminated.
(d) Documentation to be Provided. Upon request by any Party to this Agreement, the Contractor hiring any Core Employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, and such other documentation as may be deemed acceptable by the Project Labor Coordinator ) evidencing the Core Employee’s qualification as a Core Employee to the Project Labor Coordinator and the Trades Council.
(e) Eligibility Requirements . Core Employees must meet the following eligibility requirements to qualify for employment on Covered Projects:
(1) A Core Employee must be a journeyperson and appear on the Contractor’s active payroll for at least ninety (90) of the last one hundred and eighty (180) calendar days prior to being designated as a Core Employee. The date a Core Employee is designated is the date the Core Employee list is Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 13 submitted to the Project Labor Coordinator and the Trades Council prior to the Contractor commencing work on the Covered Project. (2) A Core Employee must possess any license required by state or federal law for the Covered Work to be performed.
(3) A Core Employee must have the ability to safely perform the basic functions of the applicable trade; and
(4) A Core Employee must be a resident of San Diego County. (f) In addition to the Core Employee provisions set forth herein, all Contractors may avail themselves of any opportunity provided for in the applicable Master Labor Agreements to call for specific employees by name.
(g) During any layoffs or reductions in workforce, Contractors shall lay off employees in an order and manner consistent with the Core Employee hiring procedures and maintain the required Core Employee -to-Union referral ratios required by this Section for the duration of the Covered Project.
5.4 Employment of Local Hires and Disadvantaged Workers. (a) First Referred . The Parties acknowledge that the City desires to maximize employment opportunities for Local Hires and Disadvantaged Workers and Unions and Contractors agree that Local Hires shall be first referred for Covered Projects. The list of qualifying Disadvantaged Areas shall be posted to the City’s website.
(b) Local Hire Goal. The Contractors and Unions agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualification, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft Local Hires to fulfill the requirements of the Contractors. Contractor and Unions further agree to work together to achieve a goal of at least fifty percent (50%) of the total construction craft hours worked on each Covered Project being performed by Local Hires, as further described in Section 5.4(c). (c) Priority of Local Hires. The Contractors and Unions agree that Tier 1 Local Hires shall be first referred for Covered Projects. Should there not be sufficient skilled and qualified Tier 1 Local Hires to meet the Local Hire goal established in Section
5.4(b), Tier 2 Local Hires shall then be referred until the Local Hire goal has been met.
(d) Disadvantaged Worker Goal. The Contractors and Unions agree to work together to achieve a goal of at least thirty percent (30%) of the total construction craft hours work on each Covered Project being performed by Disadvantaged Workers. Hours worked by Local Hires who are also Disadvantaged Workers may be applied to the Local Hire participation goal.
(e) Apprentice Hiring Goal . The Contractors and Unions agree to work together to achieve a goal of at least one (1) Apprentice for every four (4) non -Apprentice workers.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 14 (f) Compliance with Local Hire , Disadvantaged Worker , and Apprentice Hiring Goals. Contractors shall satisfy the goals set forth in Sections 5.4(b), 5.4(d), and
5.4(e) by: (i) assigning craft Core Employees who are Local Hires, Disadvantaged Workers, and/or Apprentices to perform Covered Work; and (ii) if necessary, requesting referral of Local Hires from Union hiring halls (using the Workforce Dispatch Request Form) and Apprenticeship Programs . Contractors who follow these procedures in good faith and with con certed efforts to identify and retain Local Hires, Disadvantaged Workers, and Apprentices shall not be considered in non-compliance for failure to meet the goals set forth in Sections 5.4(b), 5.4(d), and 5.4(e).
(g) Workforce Dispatch Request Form Required . To facilitate the dispatch of Local Hires, as well as all Contractor requests for referral and dispatch of workers from the applicable Union referral system, all Contractors are required to utilize the Workforce Dispatch Request Form. When Local Hires ar e requested by a Contractor, the Unions will refer Local Hires, to the extent such status is known, regardless of their place in the Union hiring halls’ list and normal referral procedures.
5.5 Time for Referral . If any Union’s registration and referral system does not fulfill the requirements for specific classifications of covered employees requested by any Contractor within forty - eight (48) hours (excluding Saturdays, Sundays, and Holidays), those Contractors may use employment sources other than Core Employees and the Union registration and referral services and may employ applicants from any other available source. The Contractor shall promptly notify the Union of any applicants hired from ot her sources, and such applicants shall register with the appropriate hiring hall, if any.
5.6 Lack of Referral Procedure. If a signatory local Union does not have a job referral system as set forth in Section 4.3 above, the Contractor shall give the Union equal opportunity to refer applicants in conformance with remaining provisions of this Artic le 5. The Contractors shall notify the Union of employees so hired, as set forth in Section 5.5.
5.7 City to Monitor Compliance . The Project Labor Coordinator shall work with the Unions and Contractors in the administration, monitoring, and reporting of the foregoing Local Hire and Disadvantaged Worker hiring goals.
5.8 Union Membership. Employees are not required to become or remain union members as a condition of performing Covered Work under this Agreement. Contractors shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees i n writing in accordance with the applicable Master Labor Agreement. Nothing in this Section 5. 8 is intended to supersede the requirements of the applicable Master Labor Agreements as to those Contractors otherwise signatory to such Master Labor Agreement and as to the employees of those Contractors who are performing Covered Work.
5.9 Foremen. The selection and number of craft foremen and/or general foremen shall be the responsibility of the Contractor, consistent with the Master Labor Agreements. All foremen shall take orders exclusively from the designated Contractor representatives. Craft f oremen shall be designated as working foreman at the request of the Contractors.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 15 5.10 Skilled and Trained Workforce. Each Contractor performing work on a Covered Project is required to utilize a skilled and trained workforce, as defined in Public Contract Code § 2600 - 2603. Unions and Contractors shall utilize the grievance procedures set forth in Article 11 of this Agreement to resolve any disputes regarding skilled and trained workforce requirements. To the maximum extent permissible under state law and regulation, includ ing California Public Utilities Code § 132354.7(a)(3), Contractors and City shall be relieved of reporting and enforcement obligations and systems described in Public Contract Code § 2602 and 2603, and Contractors’ requirement to utilize a skilled and trained workforce shall instead by monitored and enforced by Unions and Contractors through the provisions of this Agreement.
ARTICLE 6. UNION ACCESS AND STEWARDS
6.1 Access to Covered Project Sites. Authorized representatives of the Union shall have access to Covered Project Sites, provided that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security, and safety rules.
6.2 Stewards.
(a) Stewards Authorized. Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’s duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non - working stewards. Stewards will receive the regular rate of pay of their respective crafts.
(b) Steward Purview. In addition to their work as an employee, the steward shall have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee’s appropriate supervisor.
Each steward should be con cerned only with the employees of the steward’s Contractor and not with the employees of any other Contractor. The Contractor shall not discriminate against the steward in the proper performance of their Union duties.
(c) Additional Stewards . When a Contractor has multiple, non -contiguous work locations at one site, the Contractor may request, and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. (d) No Overtime Determinations. The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.
6.3 Steward Layoff/Discharge. The Contractor agrees to notify the appropriate Union twenty- four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable Master Labor Agreement, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice has been given.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 16 6.4 Employees on Non -Covered Projects . On work where the personnel of the City or its contractors may be working in close proximity to the construction activities covered by this Agreement on non-covered projects, the Union agrees that the Union representatives, stewards, and individual worke rs will not interfere with City personnel, or with personnel employed by any other employer not performing Covered Work. Violation of this provision by stewards and individual workers shall be just cause for disciplinary di scharge. Violation of this provision by Union representatives shall constitute a material violation of this Agreement.
ARTICLE 7. WAGES AND BENEFITS
7.1 Wages. At a minimum, all employees covered by this Agreement shall be classified in accordance with work performed and paid hourly wage rates for those classifications in compliance with the Applicable Prevailing Wage Laws.
7.2 Benefits.
(a) Payment. For all employees performing Covered Work, Contractors shall pay, at a minimum, all employee fringe benefits and other required Contractor contributions to the established Union employee benefit funds in the amounts required by the appliable Master Labor Agreements. In addition, the Contractors and Unions agree that only such bona fide employee benefits that accrue to the direct benefit of the employees (such as pension and annuity, health and welfare, vacation, apprenticeship, and training funds) shall be included in this requirement and required to be paid by the Contractor for performance of Covered Work. (b) Benefit Trust Funds. Where benefit payments are required by Section 7.2 (a), the Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, Union trust agreement(s) specifying in detail how payments will be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the parties to s uch trust funds to appoint trustees and successors’ trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. The Contractor obligations to the applicable Union benefit fund(s) and trust agreement(s) are limited to work performed on Covered Project s. The applicable Union benefit funds and trust agreement(s) to each Contractor are determined by the pre -job conference and Union work assignment process described in Articles 9 and 18. (c) Certification Required. Each Contractor is required to certify to the Project Labor Coordinator that it has paid all benefit contributions due and owing to the appropriate Union trust(s) and benefit funds prior to the receipt of its final payment and/or retention. Further, upon timely notification by a Union to the Project Labor Coordinator, the Project Labor Coordinator shall work with any Contractor who is delinquent in payments to assure that proper benefit contributions are made, to the extent of reques ting City and/or the Prime Contractor to withhold payments otherwise due to such Contractor, until such contributions have been made or otherwise guaranteed.
(d) Construction Industry Exemption . Notwithstanding any other provisions, this Agreement is an agreement under Section 8(f) of the National Labor Relations Act, which covers work performed in the building and construction industry. In Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 17 addition, the work performed under this Agreement qualifies for Construction Industry Exemption under the Employee Retirement and Income Security Act of 1974 (“ERISA”), as amended. If any Union pension trust fund covered by the terms and conditions of this Agreement does not qualify for the ERISA Construction Industry Exemption authorized by § 4203(B)(1)(i), as amended, 29 U.S.C. 1383(b)(1)(i), or has not taken the necessary steps to amend the fund documents to qualify for the Construction Industry Exemptio n as authorized by ERISA § 4203(B)(1)(ii), as amended, 29 U.S.C. 1383(b)(1)(B)(ii); and to recognize the work performed under this Agreement to qualify for the Construction Industry Exemption, the Contractors signatory to this Agreement will not be obligated to make pension fund con tributions to that fund. In such an event, the Contractor shall pay all required amounts otherwise allocated for payment toward the non-exempt fund to the employee’s wages or other bona fide retirement plan program pursuant to Applicable Prevailing Wage Laws.
7.3 Wage Premiums. Wage premiums, including, but not limited to, pay based on height of work, shift premiums, hazard pay, scaffold pay, and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any Applicable Prevailing Wage Laws.
7.4 Compliance with Prevailing Wage Laws . All complaints regarding possible violations of Applicable Prevailing Wage Laws may be referred to the Project Labor Coordinator for processing, investigation, and resolution, and if not resolved within thirty (30) calendar days, may be referred by any Party to the State Labor Commissioner. To facilitate compliance with Applicable Prevailing Wage Laws, Contractor agrees to provide copies of certified payroll reports, redacted only to the extent required by law, to the U nions (or to any Labor Management Cooperation Committee in which a Union or its affiliate participate) within ten (10) Working Days of their request. The Trades Council or Union, as appropriate, shall be advised in a timely manner with the facts and resolution, if any, of any complaint.
ARTICLE 8. WORK STOPPAGES AND LOCKOUTS
8.1 No Work Stoppages or Disruptive Activity. The Trades Council and the Unions signatory hereto agree that neither they, nor their respective officers, or agents, or representatives, shall incite, encourage, condone, or participate in any strike, walkout, slowdown, picketing, observation of picket lines, or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Covered Projects, or which interferes or otherwise disrupts Covered Projects, or with respect or related to City or Contractors or subcontractors, including, but not limited to, economic strikes, unfair labor practices strikes, safety strikes, sympathy strikes, and jurisdictional strikes, whether or not the underlying dispute is arbit rable. Any such actions by the Trade s Council, the Unions, or their members, agents, representatives, or the employees they represent shall constitute a material violation of this Agreement. The Trades Council and the Union shall take all steps necessary to ensure compliance with this Article 8.
8.2 Employee Violations. The Contractor shall discharge any employee violating Section 8.1, and any such employee shall not be eligible for rehire under this Agreement.
8.3 Standing to Enforce. City and any Contractor affected by an alleged violation of this Article 8 shall have the standing and the right to enforce the obligations established herein.
8.4 Expiration of Master Labor Agreements. If a Master Labor Agreement between a Union - signatory Contractor and one or more of the Union(s) expires before the Contractor completes the Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 18 performance of the Covered Work under a Covered Contract, and the Union or the Contractor gives notice of demand for a new or modified Master Labor Agreement, the Unions agree that they will not strike the Contractor on any Covered Project, and the Union and the Contractor agree that the expired Master Labor Agreement will continue in full force and effect for the Covered Projects until a new or modified Master Labor Agreement is put in place between the Union and the Contractor. If the new or modified Mast er Labor Agreement between the Union and the Contractor provides that any terms of the Master Labor Agreement shall be retroactive, the Contractor agrees to comply, consistent with the terms of this Agreement and the applicable Prevailing Wage Laws, with any retroactive terms of the new or modified Master Labor Agreement which are applicable to employees of said Contractor that are employed on a Covered Project within seven (7) Working Days at no cost to the City. All employees shall continue to work and to perform all obligations with respect to Covered Work, despite the expiration of any Master Labor Agreement. Should a Contractor engaged in Covered Projects enter into an interim agreement with the Unions for work being performed elsewhere after the expiration, and before the renewal of a local collective bargaining agreement forming the basis for a Master Labor Agreement, such interim agreement shall be utilized by that Contractor for Covered Projects, subject to the provisions of Section 2.6(c) (Continuation of Master Labor Agreements).
8.5 No Lockouts. Contractors shall not cause, incite, encourage, condone, or participate in any Lockout of employees with respect to Covered Projects during the term of this Agreement.
8.6 Best Efforts to End Violations.
(a) Violation by Union. If a Contractor or City contends that there is any violation of this Article, it shall, at least twenty-four (24) hours prior to invoking the procedures of Section 8.7, provide written notification to the Trades Council of the involved Union(s) and to the Project Labor Coordinator , setting forth the facts which the Contractor contends violate this Article. The Trades Council and the leadership of the involved Union(s) will immediately instruct, order, and use their best efforts to cause the cessation of any violation of this Article 8. (b) Violation by Contractor . If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the Project Labor Coordinator, setting forth the facts which the Union contends violate this Article 8, at least twenty-four (24) hours prior to invoking the procedures to Section 8.7. The Project Labor Coordinator shall promptly order the involved Contractor(s) to cease any violation of this Article.
8.7 Arbitration Procedure. Any Party, including the City, which is an intended beneficiary of this Article, and affected Contractors, may institute the following procedures, in-lieu or in addition to any other action at law or equity, when a breach of this Article is alleged. (a) Notice to Arbitrator. The Party, including any affected Contractor, invoking this procedure shall notify Robert Hirsch, who has been selected by the Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure, or John Kagel , as the alternate arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the alternate arbitrator will be contacted. If neither is available, then a selection shall be made by the most expeditious means available, with notices to the Contractor or Union alleged to be in violation, and to the Project Labor Coordinator and Trades Council . For purposes of this Article, Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 19 written notices may be made by email, hand delivery, or certified mail and will be deemed effective upon receipt.
(b) Hearing Schedule. Upon receipt of said notice, the arbitrator named above, or their alternate, shall sit and hold a hearing within seventy -two (72) hours if it is contended that this violation still exists, but no sooner than twenty-four (24) hours after notice has been d ispatched to the Trades Council of the involved Union(s) and/or Contractor as required by Section 8.6 above. The arbitrator shall notify the disputing Parties of the place and time chosen for the hearing, which may be held in person or via videoconference.
(c) Hearing Procedures. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s discretion, shall not exceed twenty-four (24) hours, unless otherwise agreed upon by all disputing Parties. A failure of any of the disputing Parties to attend said hearing shall not delay the hearing of evidence or the issuance of any award by the arbitrator.
(d) Hearing Scope. The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation, or mitigation of such violation or to award damages (except for damages as set forth in Section 8.8) which issue is reserved for court proceedings, if any.
(e) Arbitration Award. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) Working Days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation of this Article and other appropriate relief, and such award shall be served on all disputing Parties by email, hand delivery, or certified mail upon issuanc e. The amount of liquidated damages pursuant to Section 8.8 below shall be determined at a second hearing scheduled by the arbitrator within thirty (30) calendar days of the first hearing to determine if a violation of this Article has occurred. Such arbitration award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the fil ing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator’s award as issued pursuant to this section, all disputing Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party’s right to participate in a hearing for a final order of enforcement. The court’s order(s) enforcing the arbitrator’s award shall be sent to all disputing Parties. (f) Waiver. Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties and Contractors to whom they accrue. (g) Shared Expense. The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 20 8.8 Liquidated Damages.
(a) Work Stoppage or Disruption . If the arbitrator determines in accordance with Section 8.7 above that a work stoppage or other disruption to a Covered Project , pursuant to Section 8.1, has occurred, the respondent Union(s) shall, within eight (8) hours of receipt of the award, direct all employees they represent on the project to immediately return to work. If the craft(s) involved do not return to work by the beginning of the next regularly scheduled shift following such eight (8) hour period after receipt o f the arbitrator’s award, and the respondent Union(s) have not complied with their obligations to immediately instruct, order, and use their best efforts to cause a cessation of the violation and return the employees they represent to work, then the non -complying Union(s) shall each pay a sum as liquidated damages to the City, and each will pay an additional sum per shift, as set forth in Section 8.8(c), below, for each shift thereafter on which the craft(s) h as/have not returned to work.
(b) Lockout. If the arbitrator determines that a Lockout has occurred on a Covered Project, the respondent Contractor shall, within eight (8) hours after receipt of the award, return all the affected employees to work on the Covered Project , or otherwise correct the violations found by the arbitrator. If the respondent Contractor does not take such action by the beginning of the next regular scheduled shift following the eight (8) hour period, each non -complying respondent Contractor shall p ay or give as liquid ated damages, to the affected Union (to be apportioned among the affected employees and the benefit funds to which contributions are made on their behalf, as designated by the arbitrator) an amount equal to the total hourly wages and benefits lost for all affected employees of the Contractor on Covered Projects. In addition, the Contractor shall pay an additional sum per shift to the City, as set forth in Section 8.8 (c), below, for each shift thereafter in which compliance by the respondent Contractor has not been achieved.
(c) Payment of Liquidated Damages to City . The Parties agree that project delays caused by violations of this Article 8 will cause the City to sustain damages. They agree that it would be impractical or extremely difficult to fix the amount of such damages. Therefore, the Parties agree that, in the event of a breach of this Article, the disputing Party in breach shall pay t o the City the sum of $10,000 per shift, from the time that the arbitrator determines that a delay has occurred until the arbitrator determines that the Covered Project is no longer disrupted. The payment of liquidated damages, when made, shall constitute a damages remedy of the City for the delay specified, but shall not prevent the City from seeking an injunctive or other monetary relief, including termination of this Agreement. Payment of these sums as liquidated damages is not intended as a forfeiture o r penalty within the meaning of California Civil Code § 3275 or 3369, but instead, is intended to constitute liquidated damages to the City pursuant to California Civil Code § 1671.
8.9 Payroll and Benefit Delinquencies. Notwithstanding other provisions of this Agreement, it shall not be a violation of this Agreement for any Union to withhold the services of its members from a Contractor who fails to timely pay its weekly payroll in accordance with the applicable Master Labor Agreement or fails to make timely payments to the applicable Union benefit funds. This Section 8.9 does Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 21 not inhibit or affect responsibilities of the Trades Council and the Union under Section 8.1 to refrain from picketing or other disruption of Covered Projects.
(a) Failure to Make Payroll . Prior to withholding its members’ services for the Contractor’s failure to meet its weekly payroll, the Union shall give at least five (5) Working Days written notice of such failure to pay by certified mail or email transmission, to the involved Contractor, Prime Contractor, and Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and affected Union, shall meet within five (5) Working Days after the written notice of such failure to pay was received to attempt to resolve the payroll delinquency. If the payroll delinquency remains unresolved, then the affected Union may withhold the services of its members from the involved Contractor. Upon payment of all monies due and owing for wages, the Union shall direct its members to immediately return to w ork and the Contractor shall return all such members to work.
(b) Failure to Contribute to Benefit Funds. Prior to withholding its members’ services for the Contractor’s failure to make timely payments to the applicable Union benefit funds, the Union shall give at least thirty (30) calendar days written notice of such failure to pay by certified mail or email transmission, to the involved Contractor, the Prime Contractor, and the Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and the affected Union, shall meet within five (5) Working Days after the written notice of such failure to pay was sent to attempt to resolve the delinquency. If the delinquency remains unresolved, then the affected Union may withhold the services of its members from the involved Contractor. Upon payment by the delinquent Contractor of all monies due and then owing for employee benefit contributions, the Union shall direct its members to immedia tely return to work and the Contractor shall return all such members back to work.
(c) Grievance Rights Reserved. Nothing in this section should be construed to prevent the Union having jurisdiction over the involved work from submitting a grievance under Article 11 for any alleged or actual violations of Article 7 or referring any alleged or actual prevailing wage violation to the Project Labor Coordinator for review and enforcement, in accordance with Section 7.4. (d) Contractor Replacement . City shall have the right to replace any delinquent Contractor in accordance with the terms and conditions of the applicable prime contract with City.
ARTICLE 9. WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
9.1 No Jobsite Disruption . There will be no strikes, work stoppages, picketing, sympathy strikes, slowdowns, or other interference with the Covered Work because of jurisdictional disputes between Unions. The assignment of work will be solely the responsibility of the Contractor pe rforming the work involved; and such work assignments will be in accordance with the Plan for Settlement of Disputes.
9.2 Jurisdictional Disputes. All jurisdictional disputes on Covered Projects shall be settled and adjusted according to the present Plan for Settlement of Disputes established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted by the Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 22 Building and Construction Trades Department. Decisions rendered shall be final and binding and conclusive on the Contractors and Unions party to this Agreement. (a) Carpenters Union Disputes. If a dispute arising under this Article involves the Western States Regional Council of Carpenters or any of its su bordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan for Settlement of Disputes from a list composed of Thomas Pagan and John Kageland the arbitrator’s hearing on the dispute shall be held in the offices of the Trades Council within fourteen (14) Working Days of the selection of the arbitrator. All other procedures shall be as specified in the Plan for Settlement of Disputes.
9.3 Failure to Comply. If any Union or Contractor fails to immediately and fully comply with the final decision rendered by the Plan for Settlement of Disputes, affected Union(s) or Contractor(s) may seek legal redress for such conduct, including, but not limited to, injunctive relief and/or damages.
9.4 Pre-Job Conference. It is required that a pre-job conference be held not later than fourteen (14) calendar days prior to the start of work by each Contractor for the Covered Project in accordance with the procedure described in Article 18.
ARTICLE 10. MANAGEMENT RIGHTS
10.1 Contractor and City Rights. The Contractors and City have the sole and exclusive right and authority to oversee and manage construction operations on Covered Projects without any limitations unless expressly limited by a specific provision of this Agreement. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor’s rights include, but are not limited to, the right to:
(a) Plan, direct, and control operations of all work; and (b) Hire, promote, transfer, and lay off their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements; and (c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations; and
(d) Discharge, suspend, or discipline their own employees for just cause; and (e) Utilize, in accordance with City approval, any work methods, procedures, or techniques, and select, use, and install any types or kinds of materials, apparatus, or equipment, regardless of source of manufacture or construction; and (f) Assign and schedule work at their discretion; and
(g) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Master Labor Agreements requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.
10.2 Specific City Rights . In addition to the following and other rights of City and Prime Contractor enumerated in this Agreement, City expressly reserves its management rights and all rights Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 23 conferred on it by law and contract. City’s rights (and those of the Project Labor Coordinator on its behalf) include, but are not limited to the right to:
(a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements; and
(b) At its sole option, terminate, delay, and/or suspend any and all portions of Covered Projects at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of City and/or to mitigate the eff ect of ongoing Covered Work on businesses and residents in the neighborhood of the Covered Project Sites; and/or require any other operational or schedule changes it deems necessary, in its sole judgment, to meet Project deadlines and remain a good neighbor to those in the area of the Covered Project; provided that, in order to permit the Contractors and Unions to make appropriate scheduling plans, City will use best efforts to provide the Project Labor Coordinator and the affected Contractor(s) and Union(s) with reasonable notice of any change it requires pursuant to this section; and
(c) Approve any work methods, procedures, and techniques used by Contractors, whether or not said methods, procedures, or techniques are part of industry practices or customs; and
(d) Investigate and process complaints or disagreements, through its Project Labor Coordinator or other representative.
10.3 Use of Materials. Subject to the terms of this Agreement, there shall be no limitations or restrictions by the Union upon a Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and utilization of equipment, machinery, packag ing, precast, prefabricated, prefinished, preassembled or modular materials, products, tools, or other labor -saving devices, subject to the application of the California Public Contract and Labor Codes. Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work.
10.4 Special Equipment, Warranties, and Guaranties.
(a) It is recognized that certain equipment of a highly technical and specialized nature may be installed at Covered Project Sites. The nature of the equipment, together with the requirements for manufacturer’s warranties, may dictate that it be prefabricated, pre -piped, and/or pre -wired, and that it be installed under the supervision and direction of the manufacturer’s personnel. The Unions agree that such equipment is to be installed without incident.
(b) The Parties recognize that the Contractor will, from time to time, initiate the use of new technology, equipment, machinery, tools, and other labor -saving devices and methods of performing Covered Work. The Unions agree that they will not restrict the impl ementation of such devices or work methods. The Unions will accept and will not refuse to handle, install, or work with any standardized and/or catalog parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, modular products or materials, whatever their source of manufacture or construction.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 24 (c) If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, device, or item, or method of work arises, or whether a particular part of pre -assembled item is a standardized or catalog part or item, the work will proceed as directed by the Contractor, and the Parties shall immediately consult over the matter. If the disagreement is not resolved through this consultation, the affected Union(s) shall have the right to exercise the procedures set forth in Article 11.
ARTICLE 11. GRIEVANCES AND DISPUTES
11.1 Cooperation and Harmony on Covered Project Sites.
(a) This Agreement is intended to establish and foster continued close cooperation between management and labor. The Trades Council shall assign a representative to each Covered Project for the purpose of assisting the Unions, and working with the Project Labo r Coordinator, together with the Contractors, to complete construction of the Covered Projects economically, efficiently, continuously, and without any interruption, delays, or work stoppages.
(b) The City, Contractors, and Unions, collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance of Covered Work and agree to resolve all disputes in accordance with the grievance provisions set forth in this Article 11, or as appropriate, those of Articles 8 or 9. (c) The Project Labor Coordinator shall observe the processing of grievances under this Article 11 and Articles 8 and 9, including the scheduling and arrangement of facilities for meetings, select ion of the arbitrator from the agreed -upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal Parties to any pending grievance to ensure the time limits and deadlines are met.
11.2 Processing Grievances. Any disputes arising out of and during the term of this Agreement involving the interpretation or application of the applicable Master Labor Agreement(s), but not alleged violations of Articles 8 or 9, shall be considered a grievance and subject to resol ution under the following procedures.
(a) Step 1.
(1) Employee Grievances. When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement or the applicable Master Labor Agreement(s), the employee shall, through his local Union business representative or job steward, within ten (10) Working Days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated, the details of the alleged violation and the remedy sought to resolve the matter. A grievance shall be considered null and void if notice of the grievance is not given with the prescribed ten (10) Working Day period. A business representative of the local Union or the job steward and the work site representative of the involved Contrac tor shall meet and endeavor to adjust the matter within ten (10) Working Days Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 25 after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving Party may, within ten (10) Working Days thereafter, pursue Step 2 of this grievance procedure, provided that the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the applicable agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential, except as to the Parties directly involved. (2) Union or Contractor Grievances . Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) Working Days after the disputing Party knew or reasonably should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) additional Working Days, the dispute shall be reduced to writing and advanced to Step 2 in the manner prescribed as Step 1 in Section 11.2(a)(1) above.
(b) Step 2. The business manager of the involved local Union or his or her designee, together with the site representative of the involved Contractor, and the labor relations representative of the Project Labor Coordinator, shall meet within seven (7) Working Days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 below within seven (7) calendar days after the initial meeting under Step 2. (c) Step 3. If the grievance shall have been submitted but not resolved under Step 2, either the Union or the Contractor Party may request in writing to the Project Labor Coordinator (with copy[ies] to the other Party[ies]) within seven (7) calendar days after the i nitial Step 2 meeting, that the grievance by submitted to an arbitrator selected from the agreed-upon list below, on a rotational basis in the order listed.
Those arbitrators are: (1) Robert M. Hirsch; (2) Kenneth Perea; (3) Sara Adler; (4) John Kagel; (5) Michael Prihar; (6) Michael Rappaport; and (7) Fred Horowitz .
The decision of the arbitrator shall be final and binding on all Parties, and the costs and expenses of such arbitration shall be borne equally by the involved Contractor(s) and the involved Union(s).
(d) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to, or detract from any of the provisions of this Agreement or the applicable Master Labor Agreement.
11.3 Limitations on Use of Procedures . Procedures outlined in this Article 11 shall not be applicable to any alleged violation of Article 8 or 9, with the single exception that any employee discharged pursuant to Section 8.2 may apply the procedures of this Article 11 to determine only if he/she was, in fact, engaged in a violation of Section 8.1.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 26 11.4 Notice. The Project Labor Coordinator shall be notified by the involved contractor of all actions at Steps 2 and 3. Further, the Project Labor Coordinator shall, upon its own request, be permitted to participate fully in all proceedings at such steps.
ARTICLE 12. COMPLIANCE
12.1 Compliance with All Laws . The Trades Council and all Unions, Contractors, and their employees shall comply with all applicable federal and state laws, ordinances, and regulations including, but not limited to, those relating to safety and health, employment, and applications for employment. All employees shall comply with the safety regulations established by the City, the Project Labor Coordinator, and the Contractor. Employees must promptly report any injuries or accidents to a supervisor.
ARTICLE 13. SAFETY AND PROTECTION OF PERSON AND PROPERTY
13.1 Safety.
a. It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with all applicable safety laws and regulations and any safety rules contained herein or established by the City, the Prime Contractor, or the Contractor. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and City.
b. All Parties and Contractor employees shall be bound by the safety, security, and visitor rules established by the Prime Contractor, Contractor, and the City. These rules will be published and conspicuously posted. An employee’s failure to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge.
13.2 Drug and Alcohol Testing Policy. The Parties agree to adopt the Drug and Alcohol Testing Policy attached hereto as Exhibit D, which is the exclusive Drug and Alcohol Testing Policy for the Project.
13.3 Inspection. The inspection of shipments of equipment, machinery, and construction materials of every kind shall be performed at the discretion of the Contractor by individuals of its choice.
ARTICLE 14. TRAVEL, SUBSISTENCE, AND PROPERTY
14.1 Applicability. Travel expenses, travel time, subsistence allowances and/or zone rates, and parking reimbursements shall not be applicable to work under this Agreement, except to the extent provided for in any applicable prevailing wage determination. Parking for employ ees covered by this Agreement shall be provided by the Contractor(s) according to the provision of the applicable Master Labor Agreement(s).
ARTICLE 15. APPRENTICES
15.1 Importance of Training. The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the City’s local work force, and the opportunities to provide continuing work on Covered Projects for Local Residents. To these ends, and consistent with all applicable laws and regulations, the Parties will facilitate, encourage, and assist Local Residents to commence and progress in Apprenticeship Programs and/or apprentice readiness programs in the construction industry leading to participation in such Apprenticeship Programs. The City, the Contractors, the Trades Council, Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 27 and the Unions will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry which will help prepare them for entry into Apprenticeship Programs. Apprentices, if utilized, must be enrolled in a California Apprenticeship Council-approved Apprenticeship Program.
15.2 Use of Apprentices.
(a) The Unions and Contractors agree to cooperate in referring and employing Apprentices up to the maximum percentage allowed by the State Labor Code and the standards of each Joint Labor -Management Apprenticeship Program. The minimum ratios for Apprentice to journeyperson hours worked shall, at a minimum, comply with the applicable provisions of t he California Labor Code relating to utilization of Apprentices. City, unless otherwise required by law, shall encourage such utilization, and both as to Apprentices and the overall supply of experienced workers, the Project Labor Coordinator will work with the Council, Apprenticeship Programs, and Contractors to assure appropriate and maximum utilization of Apprentices and the continuing availability of both Apprentices and journeypersons.
(b) The Parties and Contractors will comply with all applicable laws and regulations in the request for dispatch and employment of Apprentices. (c) The Parties agree that Apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeyperson or other Contractor employee working on the Covered Project where the Apprentice is to be employed who is qualified to ass ist and oversee the Apprentice’s progress through the Apprenticeship Program in which he/she is participating.
ARTICLE 16. WORK OPPORTUNITIES PROGRAM
16.1 Intent. The Parties to this Agreement support the development of increased numbers of skilled construction workers from among residents of the City and San Diego County to meet the labor needs of Covered Projects specifically and the requirements of the local co nstruction industry generally.
Towards that end, the Parties agree to cooperate respecting the establishment of a Work Opportunities Program for Local Residents, the primary goals of which shall be to maximize construction work opportunities for Local Residents. In furtherance of the foregoing, the Unions specifically agree to:
(a) Support a pre -apprenticeship program for Local Residents, including students, whereby residents will be trained in a pre -apprenticeship skill to enable them to gain employment/training within the signatory Unions; and (b) Encourage the referral and utilization, to the extent permitted by law and hiring hall practices, of qualified Local Residents as journeymen, apprentices, and trainees on Covered Projects and entrance into such qualified apprenticeship and training programs as may be operating by signatory Unions. (c) The Unions shall assist Local Residents in contacting the pre -apprenticeship program for the crafts and trades they are interested in. The Unions shall assist Local Residents who are seeking Union jobs on the Covered Projects and Union membership in assess ing their work experience and giving them credit for verifiable past experience in their relevant craft or trade, including experience Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 28 gained working for non -union Contractors. The Unions shall put on their rolls qualified bona fide Local Residents for work on the Covered Projects. (d) Upon request, t he Council shall make progress reports to the City on the Work Opportunities Program, including the number and employment disposition of Local Resident applicants who have been contacted, recruited, and participated in the Work Opportunities Program through their out reach efforts. This report shall identify individuals from traditionally underrepresented groups.
ARTICLE 17. HELMETS TO HARDHATS
17.1 Veterans Entry into Building and Construction Trades . The Parties recognize a desire to facilitate the entry into the building and construction trades of Veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of the Center and the Center’s “Helmets to Hardhats” program as a resource for preliminary orientation, assessment and construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties.
17.2 Integrated Database. The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of Veterans interested in working on the Covered Projects and of apprenticeship and employment opportunities for the Covered Projects.
ARTICLE 18. PRE-JOB CONFERENCE
18.1 Pre-Job Conference Required. Each Contractor is required to conduct a pre-job conference with the Unions, not later than fourteen (14) calendar days prior to commencing the Covered Work. The purpose of the pre -job conference will be to, among other things, convey craft workforce needs, th e schedule of Covered Work, Covered Project work rules, and propose preliminary Union work assignments.
The Project Labor Coordinator may work with the Prime Contractor and Trades Council to facilitate the scheduling of all pre-job conferences, but ensuring each Contractor conducts a pre -job conference in accordance with this Agreement is the responsibility of the Prime Contractor. All preliminary Union work assignments shall be disclosed by each Contractor at a pre-job conference. Should there be work within the scope of a Covered Contract for a Covered Project that was not previously assigned a pre -job conference, or additional work be added to the scope of a Covered Project, the Contractor(s) performing such Covered Work will conduct a separate pre-job conference. Any Union in disagreement with a proposed assignment shall notify the affected Contractor of its position in writing, with a copy sent to the Project Labor Coordinator, within seven (7) calendar days after the pre -job conference occurred. Within seven (7) calendar days after the period allowed for Union notices of disagreement with the Contractor’s proposed assignments, but prior to the commencement of any Covered Work, the Contractor shall make final assignments in writing with copies sent to the Project Labor Coordinator and Trades Council.
18.2 Failure to Conduct. A Contractor’s failure to conduct a pre -job conference in accordance with this Agreement is considered a breach of contract, and any affected Union may pursue a grievance pursuant to Article 11 of this Agreement to seek a remedy for such a violation. Pro vided, however, if the Contractor has conducted a pre -job conference in accordance with this Agreement, that Contractor is not required to participate in any additional pre -job conferences or mark -up meetings related to the original scope(s) of Covered Work assigned at the pre-job conference.
18.3 Project Labor Coordinator Participation . The Project Labor Coordinator may attend and facilitate each pre-job conference. At each pre-job conference, the Project Labor Coordinator shall address Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 29 the programs, goals, and outcomes related to Local Resident employment, as well as the progress of implementing the Work Opportunities Program.
ARTICLE 19. LABOR/MANAGEMENT AND COOPERATION
19.1 Labor/Management Collaboration Meetings . The Parties will conduct periodic labor/management collaboration meetings, which will be chaired jointly by a designee of the City and a designee of the Trades Council. The co-chairs shall determine the frequency and scheduling of the meetings with the assistance of the Project Labor Coordinator. The purpose of the mee tings shall be to update the Parties regarding the progress and schedule of Covered Projects, promote harmonious and stable labor management relations, ensure effective and constructive communication between labor and management Parties, advance the proficiency of work in the industry, and to evaluate and ensure an adequate supply of skilled labor for all Covered Projects. The Project Labor Coordinator s hall prepare reports detailing the outcomes of the Local Resident and Apprentice utilization goals on each Covered Project, and the implementation and progress of the Work Opportunities Program. All Parties will be invited to attend the labor/management collaboration meetings. Substantive grievances or disputes shall not be reviewed or discussed at such meetings but shall instead be processed pursuant to the appropriate provisions of this Agreement.
ARTICLE 20. LEGAL ACTION
20.1 Legal Action . City, Trades Council, and Unions recognize the substantial legal costs (including all attorney’s fees and associated disbursements) that might accrue with regard to any legal challenge over this Agreement and related to claims directly challenging the legality of this Agreement, or a particular section or language that has been adopted herein. In the event of a legal challenge, the Trades Council, on behalf of itself and affiliated Unions, agrees to seek to intervene in the legal action and actively participate in the litigation or other action to defend the legality of this Agreement, or a particular section or language herein. The failure of the Trades Council to seek to intervene in the legal action and actively participate to defend the legality of this Agreement will constitute a material breach of this Agreement. In the event the Trades Council is denied leave to intervene in the legal action, the Trades Council shall have its counsel coordinate with counsel for the City, at the Trades Cou ncil’s sole expense, regarding how the Trades Council can best support City’s legal position.
ARTICLE 21. SAVINGS AND SEVERABILITY
21.1 Savings Clause . It is not the intention of the City, the Project Labor Coordinator, the Contractor, or the Union Parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is final ly held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and then intent of the Parties hereto. If the legality of this Agreement is challenged and any form of in junctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Covered Projects that would otherwise be covered by this Agreement should continue to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding, and construction of any Covered Project.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 30 21.2 Effect of Injunctions or Other Court Orders. The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid specification, should a court of competent jurisdiction issue any order, or any applicable statute that could result, temporarily or permanently, in the delay of the bidding, awarding, and/or construction of the Covered Project.
ARTICLE 22. WAIVER
22.1 Waiver. A waiver of, or a failure to assert, any provision of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision in the future. Any such waiver shall not constitute a modification of this Agreement or a change in the terms and conditions of this Agreement, and shall not relieve, excuse, or release any of the Parties from any of their rights, duties, or obligations hereunder.
ARTICLE 23. AMENDMENTS
23.1 Amendments. The provisions of this Agreement can be renegotiated, supplemented, rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by the City and the Trades Council.
ARTICLE 24. MISCELLANEOUS PROVISIONS
24.1 Construction. The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Sec tion headings are for information only and carry no legal significance.
[This section intentionally left blank]
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 31 IN WITNESS WHEREOF, this Project Labor Agreement is executed as of the day and year first set forth above.
CITY OF CHULA VISTA, a California charter SAN DIEGO COUNTY BUILDING AND city and municipal corporation CONSTRUCTION TRADES COUNCIL,
AFL-CIO
By: By:
Maria V. Kachadoorian Carol Kim
City Manager Business Manager
ATTEST:
By:
Kerry Bigelow
City Clerk
APPROVED AS TO FORM:
By:
Marco A. Verdugo
City Attorney
[Signatures continue on following page]
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1
SIGNATORY UNIONS
By: By:
Allied Workers Local 5 Boilermakers Local 92
By: By:
Bricklayer & Allied Crafts Local 4 Cement Masons Local 5 00 / Area 7 44 By: By:
Electrical Workers Local 569 Elevator Constructors Local 18 By: By:
Painters & Allied Trades District Council 36 Iron Workers Local 229 By: By:
Laborers Local 89 Plasterers Local 200
By: By:
Plaster Tenders Local 1414 Operating Engineers Local 12 By: By:
Plumbers & Pipefitters Local 230 Operating Engineers Local 12 By: By:
Roofers & Waterproofers Local 45 Operating Engineers Local 12 By: By:
Laborers Local 1184 Sheet Metal Workers' Local 206
By: By:
Laborers Local 345 Teamsters Local 166
By: By:
UA Local 345 Laborers Local 300
By: By:
Road Sprinkler Fitters Local 669 Southern California District Council of Laborers
By:
Southwest Regional Council of Carpenters By:
Teamsters Local 481
Docusign Envelope ID: B5C56639-764A-4A26-90EE-CF761E339AF2 32 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1
A-1
EXHIBIT A – LETTER OF ASSENT
To be signed by all Contractors awarded Covered Work prior to commencing work. [Contractor’s Letterhead]
DATE
Project Labor Coordinator
Address
Address
Address
Attention:
Re: City of Chula Vista Project Labor Agreement
This Letter of Assent confirms that [Name of Company] agrees to be party to and bound by the City of Chula Vista Project Labor Agreement, effective , 2024, as such agreement may be amended from time to time by the Parties or interpreted pursuant to its terms (the “Agreement”). Capitalized terms used herein without definition shall have the meanings assigned to them in the Agreement. Such obligation to be a Party and bound by this Agreement shall extend to all Covered Work undertaken by this Contractor on the Covered Project pursuant to [Contract No. ], and Contractor shall require all of its subcontractors of all tiers to be similarly bound for all Covered Work by signing and furnishing you an identical Letter of Assent prior to their commencement of the Covered Work.
Sincerely,
[Name of Company]
By:
[Name and Title of Authorized Executive]
[Copies of this Letter of Assent must be submitted to the Project Labor Coordinator and to the Trades Council consistent with Section 2.5(b)]
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 B-1
EXHIBIT B – WORKFORCE DISPATCH REQUEST FORM
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Project Labor Agreement
City of Chula Vista PLA Workforce Dispatch Request Form Page 1 of 2 Workforce Dispatch Request Form
The City of Chula Vista Project Labor Agreement (“PLA”) establishes a goal of at least �ifty percent (50%) of the total craft hours on each Covered Project being performed by Local Hires and at least thirty percent (30%) of the total craft hours on each Covered Project being performed by Disadvantaged Workers. The Unions and Contractors agree that Local Hires and Disadvantaged Workers shall be �irst referred for Covered Projects when requested through use of this Workforce Dispatch Request Form.
CONTRACTOR USE ONLY
Please complete and fax/email this form to the applicable union to request craft workers that ful�ill the hiring requirements for this project. After faxing/emailing your request, please call the local union to verify receipt and substantiate their capaci ty to furnish workers as speci�ied below. Please print and retain copies of your fax or email transmission for your records.
TO:
Local Union and #
Email/Fax
Phone
CC:
Project Labor
Coordinator
Email/Fax
FROM:
Contractor
Issued by
Email/Fax
Phone
UNION CRAFT WORKER REQUEST:
Craft Classi�ication
Journeyperson
or Apprentice
Local
Hire
Disadvantaged
Worker
No. of
Workers
☐JP ☐APP * **
☐JP ☐APP * **
☐JP ☐APP * **
☐JP ☐APP * **
☐JP ☐APP * **
Total Number of Workers Requested:
In accordance with PLA Article 4, Union Recognition and Employment, we are requesting the union:
* Please provide priority referral of Local Hires, based on zip code residence, as described on the following page. ** Please provide priority referral of Disadvantaged Workers, to the extent such status is known by the hiring hall or referral source. See list of criteria on the following page.
WORKER REPORTING INSTRUCTIONS:
Reporting Date: Reporting Time:
Reporting To: On-Site Phone:
Project Name:
Project Location:
Special Instructions:
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Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 City of Chula Vista PLA Workforce Dispatch Request Form Page 2 of 2
UNION U S E O N LY
Please complete the “Union Use Only” section and fax or email both pages to the requesting Contractor and Project Labor Coordinator.
Date Dispatch Received:
Dispatch Received by:
Date Worker(s) Dispatched:
Name: JP or App Local Hire?*
Disadvantaged
Worker?**
Zip
Code
☐JP ☐APP ☐Tier 1 ☐Tier 2 ☐No ☐Yes ☐No
☐JP ☐APP ☐Tier 1 ☐Tier 2 ☐No ☐Yes ☐No
☐JP ☐APP ☐Tier 1 ☐Tier 2 ☐No ☐Yes ☐No
☐JP ☐APP ☐Tier 1 ☐Tier 2 ☐No ☐Yes ☐No
☐JP ☐APP ☐Tier 1 ☐Tier 2 ☐No ☐Yes ☐No
☐JP ☐APP ☐Tier 1 ☐Tier 2 ☐No ☐Yes ☐No
*PLEASE NOTE: By marking the “No” box for either the “Local Hire” or “Disadvantaged Worker” categories, you are certifying on behalf of the Union, that the Union has exhausted all reasonable efforts to locate and dispatch such Local Hire or Disadvantaged Worker.
A Tier 1 Local Hire is an individual domiciled in Chula Vista, CA. Below is a list of zip codes within Chula Vista, CA. 91910 91911 91913 91914 91915 91902
A Tier 2 Local Hire is an individual domiciled in San Diego County, CA, outside Chula Vista, CA. Below is a list of zip codes within San Diego County, CA, excluding Chula Vista, CA.
91901 91905 91906 91916 91917 91931 91932 91934 91935 91941 91942 91945 91948 91950 91962 91963 91977 91978 91980 92003 92004 92007 92008 92009 92010 92011 92014 92019 92020 92021 92024 92025 92026 92027 92028 92029 92036 92037 92040 92054 92055 92056 92057 92058 92059 92060 92061 92064 92065 92066 92067 92069 92070 92071 92075 92078 92081 92082 92083 92084 92086 92091 92093 92096 92101 92102 92103 92104 92105 92106 92107 92108 92109 92110 92111 92113 92114 92115 92116 92117 92118 92119 92120 92121 92122 921236 92124 92126 92127 92128 92129 92130 92131 92134 92135 92136 92139 92140 92145 92154 92155 92161 92173 92182 92259 92536 92672
A Disadvantaged Worker is a Veteran residing anywhere OR an individual domiciled in a Disadvantaged Area*** that also meets one or more of the following conditions at the initial time of their employment on a Covered Project:
1. has no high school diploma or general education diploma (GED);
2. is homeless or has been homeless within the last 12 months;
3. is a former foster youth;
4. is a custodial single parent;
5. is experiencing protracted unemployment (receiving unemployment bene�its for at least three (3) months;
6. is a current recipient of government cash or food assistance bene�its;
7. has a document income at or below 100% of the F ederal Poverty Level, as de�ined by the department of Health and Human Services; or
8. is formerly incarcerated.
Disadvantaged Area zip codes located in Chula Vista, CA include 91910 and 91911. A complete list of San Diego County Disadvantaged Area zip codes can be found here: www.sandag.org/cba (This form is not intended to replace a Union’s Dispatch or Referral Form normally given to the employee when being dispatched to the jobsite.)
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Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 C-1
EXHIBIT C - COUNCIL POLICY 160-03 (DISABLED VETERANS AND SMALL BUSINESS
ENTERPRISE PROGRAM)
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DISABLED VETERANS AND SMALL
BUSINESS ENTERPRISE PROGRAM
POLICY
NUMBER
160-03
EFFECTIVE
DATE
12/6/2016
ADOPTED BY: Resolution No. 2016-265 I DATED: 12/6/2016
AMENDED BY: Resolution No. (date of resolution)
BACKGROUND
PAGE
1 OF4
Disabled Veterans have made immeasurable sacrifices to protect the citizens of this country. These sacrifices have not gone unnoticed. The State and various local agencies, whether city or county, have enacted certain programs to assist Disabled Veterans and provide them with opportunities to participate in the procurement of State and local contracts. Such programs are called "Disabled Veterans Business Enterprise" programs. Similar programs also exist for small businesses. Small businesses tend to be economic drivers of local economies, so their growth is an important aspect of the success and growth of communities. However, small businesses often don't have sufficient understanding of government contracting practices to participate in a meaningful way in the government contracting process, so agencies have established "Small Business Enterprise" programs.
PURPOSE
It is the purpose of this Council Policy to establish a Disabled Veterans Business Enterprise and Small Business Enterprise Program to facilitate and encourage the participation of Disabled Veterans Business Enterprises (DVBEs) and Small Business Enterprises (SBEs) in City contracting through the establishment of DVBE and SBE participation goals. By including DVBE and SBE participation goals in City contracts, the City will be able to ensure that DVBEs and SBEs are provided with the opportunities, information, and encouragement to participate in City procurement.
POLICY
The City of Chula Vista has the authority to establish and adopt such a policy pursuant to the Charter of the City of Chula Vista. It is the policy of the City of Chula Vista to encourage the utilization and participation of DVBEs and SBEs in City procurements whenever practical and appropriate. To this end and to the extent not in conflict with other laws, the City Council, through this Policy, establishes a three-percent (3%) DVBE and three-percent (3%) SBE participation goal for all City contracts within the scope of this policy and authorizes the City Manager or his/her designee to establish procedures to implement this policy.
I. Scope
A. General Application: Excepting those contracts identified in subsection B, below, this policy shall apply to all (1) agreements, contracts, and purchase orders for commodities, services, supplies, or equipment awarded in accordance with Chula Vista Municipal Code §2.56; and (2) Public Works contracts awarded in accordance with City Charter §1009, provided such contracts are funded to the extent of 50% or more of their total costs from City funds.
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Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DISABLED VETERANS AND SMALL POLICY EFFECTIVE
BUSINESS ENTERPRISE PROGRAM NUMBER DATE PAG
160- 03 12/ 6/ 2016 2 OF 4
ADOPTED BY: Resolution No. 2016- 265 DATED: 12/ 6/ 2016 AMENDED BY: Resolution No. ( date of resolution)
B. Exceptions: this Policy shall not apply to:
1. Sole Source contracts.
2. Contractsnecessitatedby an emergency.
3. Contracts for which the Awarding Authority has determined that compliance with this Policy would be Impractical or Impossible.
4. Transfers of any interest in real or personal property, including leases.
5. Agreements or memorandums of understanding with another government agency.
6. Contracts with a private, nonprofit organization.
7. With respect to DVBE participation, contracts where the prime contractor on the contract is a DVBE.
8. With respect to SBE participation, contracts where the prime contractor on the contract is an SBE.
9. With respect to DVBE participation, all public works contracts where the procuremep, complies with any applicable federal or stateDVBE requirements.
10. With respect to SBE participation, all public works contracts where the procurement complies with any applicable federal or state SBE requirements.
11. Public works contracts of less than $ 100, 000.
12. Cooperative or joint purchases in accordance with CVMC § 2. 56. 020( H)
13. When compliance with this Policy would conflict with requirements imposed by the federal or stategovernment relating to the receipt or useof federal or statefunds.
14. Contracts for commodities, services, supplies, or equipment of $ 100, 000 or less that are based on market rates awarded in accordance with CVMC § 2. 56. 090( B)( 2)
15. Where application of this Policy would conflict with any restrictions imposed on grant or donated funds.
16. Public Works Contracts in which Minority Business Enterprise ( MBE), Woman - Owned Business Enterprise ( WBE), and/ or Underutilized Disadvantaged Business Enterprise UDBE) goals are required by stateor federal government entity.
Il. Definitions:
1. Awarding Authority" shall mean the body or individual granted the authority by the Chula Vista Charter or the CVMC to award a contract.
2. Disabled Veterans Business Enterprise" or " DVBE" shall have the same meaning as in California Military and Veterans Code § 999( b)( 7).
3. Goal" shall mean a numerically expressed objective that contractors are required to mak,- akeGoodGoodFaith Efforts to achieve.
C-3
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DISABLED VETERANS AND SMALL POLICY EFFECTIVE
BUSINESS ENTERPRISE PROGRAM NUMBER DATE PAGE
160- 03 12/ 6/ 2016 3 OF 4
ADOPTED BY: Resolution No. 2016- 265 DATED: 12/ 6/ 2016 AMENDED BY: Resolution No. ( date of resolution)
4. " Good Faith Efforts" shall mean those efforts taken to solicit the participation of DVBE and SBE bidders in the City' s procurement process, including, but not limited to: ( a) regular outreach to DVBEs and SBEs by City and prime contractors; ( b) providing information and training, if requested, on how DVBEs and SBEs may participate in the City' s procurement process, either as a prime contractor or as a subcontractor ( c) contacting DVBEs and SBEs via telephone, FAX, or other means to solicit said DVBEs' and SBE's participation in the bidding and procurement opportunities; ( d) maintaining a list of DVBEs and SBEs willing and able to provide commodities, services, supplies, or equipment; ( e) incorporating competitive DVBE and SBE bid proposals in prime contractor' s bid; ( f) demonstrating and documenting that such efforts were taken to solicit bids from DVBEs and SBEs..
5. " Impracticality" or " Impossibility" shall mean that the there are no known DVBEs or SBEs that are willing or able to provide specific commodities, services, supplies, or equipment.
6. " Public Works" shall mean the construction, reconstruction, or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds, or other public capital facilities, and the supplies, materials, equipment or other contractual services for same.
7. " Small Business Enterprise" or " SBE" shall have the same meaning as in California Government Code § 14837( d)( 1).
III. General Requirements for Prime Contractors
A. Subject to any contrary provisions of state or federal law, where a prime contractor intends to use subcontractors on any contract within the scope of this policy as described in Section I, Scope," above, and the procurement is not exempt from participation, the prime contractor shall make Good Faith Efforts to meet or exceed the Goals of 3% DVBE and 3% SBE subcontractor participation.
B. Participation Calculation:
1. Except for " As Needed" contracts, such as job/ task order contracts, the percentage of the relevant participation goal (DVBE or SBE) shall be calculated by taking the aggregatevalue of all DVBE subcontracts to determine DVBE participation and SBE subcontracts to determine SBE participation to be used on the project as a percentage of the total value of each such contract.
2. " As Needed" contract participation percentage calculation shall be based on value of each task order. Prime contractors subject to the participation requirements shall submit a DVBE and SBE subcontractor utilization plan for City' s review and approval prior to commencing work.
C-4
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DISABLED VETERANS AND SMALL POLICY EFFECTIVE
BUSINESS ENTERPRISE PROGRAM NUMBER DATE PAGE
160- 03 12/ 6/ 2016 40174
ADOPTED BY: Resolution No. 2016- 265 DATED: 12/ 6/ 2016 AMENDED BY: Resolution No. ( date of resolution)
IV. Establishment and Issuance of Guidelines for the Implementation of the DVBE and SBE Program.
A. The City Manager, in consultation with the affected departments, shall establish administrative guidelines for the implementation of the DVBE and SBE Program. The guidelines shall include, at a minimum:
1. An explanation of procedures, processes, and/or actions that a contractor may perform to satisfy the Good Faith Efforts requirement of the DVBE and SBE Program.
2. The method of documenting a contractor' s Good Faith Efforts to comply with the DVBE and SBE Program goals of 3% DVBE and 3% SBE participation.
3. Documentation to be supplied to bidders to inform them of their obligations for and the manner of compliance with the DVBE and SBE Program.
4. Forms on which the City staff reviewing bids shall identify how abidder has complied w' or failed to comply with the requirements of the DVBE and SBE Program.
5. Description of the protest processfor those lowest bidders that have been determinedby the City to be non- responsive based on the guidelines issued in accordance with this Policy.
B. The City Manager's administrative guidelines may differ depending on the nature of the contract ( i. e. public works, equipment, materials, or services).
V. Failure to Demonstrate " Good Faith Efforts":
A. A bidder that fails to demonstrate " Good Faith Efforts" to meet the DVBE and SBE participation percentagemay be considered "nonresponsive" and an award shall be made to the next lowest responsible and responsive bidder that complies with this policy.
B. The Awarding Authority, as determinedby the City Charter and/or the CVMC, may waive the DVBE and/ or SBE requirement if it finds that enforcement of the DVBE and/ or SBE requirement would preclude meaningful competition among vendors or that compliance will not be in the public interest.
VI. Effective Date of Policy. This Policy shall go into effect thirty ( 30) calendardays following the adoption of the administrative guidelines by the City Council.
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Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 D-1
EXHIBIT D – DRUG AND ALCOHOL TESTING POLICY
The Parties recognize the problems that drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the workplace and to main tain a drug and alcohol-free work environment, individ ual Contractors shall require applicants or employees to undergo drug and alcohol testing in accordance with this PLA and this policy, Exhibit D – Drug and Alcohol Testing Policy, hereafter the “Policy.”
1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession of or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the PLA.
2. No Contractor may implement a drug and alcohol testing program that does not conform in all respects to the provisions of this Policy.
3. No Contractor may implement drug and alcohol testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Prime Contr actor's project manager. Said notice shall be provided at the pre-job conferences for each Covered Project.
Failure to give such notice shall make any drug and alcohol testing engaged in by the Contractor a violation of the Agreement and subject to the Article 11 grievance procedure.
4. A Contractor who elects to implement drug and alcohol testing pursuant to this Policy shall require all craft employees on the Covered Project to be tested. With respect to individuals who become employed on the Covered Project subsequent to the proper implementation of a valid drug and alcohol testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to proper implementation of a valid drug and alcohol testing program may only be subjected to testing for the reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.
5. The following procedure shall apply to all drug and alcohol testing:
a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union business representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 D-2
employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. A Contractor may request an applicant or employee promptly, within four (4) hours of the Contractor’s request, perform an alcohol breathalyzer test at a certified laboratory only, and cutoff levels shall be those mandated by applicable state or federal law. c. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography/Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test wil l be those established by SAMHSA and this Polic y. Should these SAMHSA levels be changed during the course of the PLA or new testing procedures are approved, then t hese new regulations will be deemed as part of this existing PLA. Confirmed positive samples will be retained by the testing laboratory in secured long -term frozen storage for a minimum of one (1) year. Handling and transportation of each sample must be documented through strict chain-of-custody procedures.
e. In the event of a confirmed positive test result, the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) calendar days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results , the Contractor may require a third test, at the Contractor’s expense.
f. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the project. g. No individual who tests negative for drugs and alcohol pursuant to the above procedure and becomes employed on the project shall again be subjected to drug and alcohol testing with the following exceptions:
1) Employees who are involved in industrial accidents resulting in damage to plant, property, or equipment or injury to him/her or others may be tested for drugs or alcohol pursuant to the procedures stated hereinabove.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 D-3
2) The Contractor may test employees following thirty (30) days' advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be sent by certified mail to the affected Union with a copy to the Project Labor Coordinator. Such testing shall be pursuant to the procedures stated hereinabove.
3) The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (e.g., slurred speech, unusual lack of muscular coordination). Such behavior must be actually observed by at least two (2) persons, one (1) of whom shall be a supervisor who has been trained to recognize the symptoms of drug and alcohol abuse or impairment a nd the other of whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job Steward on the Covered Project , the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll.
h. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug and alcohol testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment.
Applicants who are put to work pending the results of a test will be considered probationary employees.
6. The Contractors will be allowed to conduct periodic jobsite drug and alcohol testing on the Covered Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) Working Days before or after the date of the test; b. Jobsite testing cannot commence sooner than fifteen (15) Working Days after start of the work on the project;
c. Prior to start of periodic testing, a Business Representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees;
d. Testing shall be conducted by an SAMHSA -certified laboratory, pursuant to the provisions set forth in paragraph 5 hereinabove.
e. Only two (2) periodic tests may be performed in a twelve (12)-month period.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 D-4
7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite.
8. Any grievance or dispute that may arise out of the application of this Policy shall be subject to the grievance and arbitration procedures set forth in the PLA.
9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule, or regulation. Should any part of this Policy be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Parties, the remaining portions of the Agreement shall be unaffected, and the Parties shall enter negotiations to replace the affected provision.
10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed, the Contractor shall not discriminate in any way against the employee. If work for wh ich the employee is qualified exists, he/she may be reinstated.
11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law.
Such records shall not be released to any persons or entities other than design ated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release by the employee , and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.
12. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs will be subje ct to all Contractor rules, regulations, and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.
13. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Policy.
14. This Policy shall constitute the only Policy in effect between the Parties concerning drug and alcohol abuse, prevention, and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the Parties.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 D-5
SPECIMEN REPORTING CRITERIA
Initial Test Analyte Initial Test Cutoff 1 Confirmatory Test Analyte
Confirmatory Test Cutoff
Concentration
Marijuana metabolites
(THCA)2 50 ng/ml 3 THCA 15 ng/ml
Cocaine metabolite
(Benzoylecgonine) 150 ng/ml 3 Benzoylecgonine 100 ng/ml Codeine/
Morphine 2000 ng/ml Codeine Morphine 2000 ng/ml
2000 ng/ml
Hydrocodone/
Hydromorphone 300 ng/ml Hydrocodone
Hydromorphone
100 ng/ml
100 ng/ml
Alcohol 0.02% Ethanol 0.02%
Oxycodone/
Oxymorphone 100 ng/ml Oxycodone
Oxymorphone
100 ng/ml
100 ng/ml
6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml
Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml
Amphetamine/
Methamphetamine 500 ng/ml Amphetamine
Methamphetamine
250 ng/ml
250 ng/ml
MDMA4/MDA5 500 ng/ml MDMA
MDA
250 ng/ml
250 ng/ml
Initial Test Analyte Initial Test Cutoff Confirmatory Test Analyte
Confirmatory Test Cutoff
Concentration
Barbiturates 300 ng/ml Barbiturates 200 ng/ml
Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml
Methadone6 300 ng/ml Methadone 100 ng/ml
Methaqualone 300 ng/ml Methaqualone 300 ng/ml
Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml
1 For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):
Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte.
The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.
Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff. 2 An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA). 3 Alternate technology (THCA and benzoylecgonine): The confirmatory test cutoff must be used for an alternate technology initial test that is specific for the target analyte (i.e., 15 ng/ml for THCA, 100 ng/ ml for benzoylecgonine).
4 Methylenedioxymethamphetamine (MDMA)
5 Methylenedioxyamphetamine (MDA)
6 Employees with a prescription for methadone who are using the medication as prescribed, and are not impaired and can safely perform their work, will not be considered to have violated this Policy.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 D-6
MEMORANDUM OF UNDERSTANDING REGARDING
“QUICK” DRUG SCREENING TESTS PURSUANT TO
EXHIBIT D – DRUG AND ALCOHOL TESTING POLICY
It is hereby agreed between the Parties hereto that a Contractor who has otherwise properly implemented drug and alcohol testing, as set forth in the Policy, shall have the right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.
An applicant or employee who selects one of the "quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the "quick" screen tests, shall be tested pursuant t o the procedures set forth in the Policy. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Policy as a result of any occurrence related to the “quick” screen test.
Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 19 City of Chula Vista Agreement No.: 2025-460
Consultant Name: Capuzzi Consulting Group, Inc. Rev. 10/8/2025
EXHIBIT F
COST PROPOSAL
Cost Proposal: Bayshore Bikeway Segment 6A
Contact:
Matthew Capuzzi, PE
[email protected]
Principal Firm:
Capuzzi Consulting Group, Inc.
2302 Via Dieguenos
Alpine, CA 91901
(610) 405-3929
November 5, 2025
Submitted To:
1 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
☒ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant
Consultant: Capuzzi Consulting Group, Inc.
Project #: Contract #: Date: 11/05/2025
Direct Labor
Classification/Title Name Hours Actual Hourly
Rate
Total
Project Manager Matthew Capuzzi, PE* 276 $ 105.00 $ 28,980.00 Technical Advisor Frank Rivera, PE, TE* 27 $ 100.00 $ 2,700.00 Engineer II Forrest Baker, PE* 464 $ 76.00 $ 35,264.00 QA/QC Manager Tim Shell, PE* 40 $ 100.00 $ 4,000.00
Intern Jacob Epperson 108 $ 27.00 $ 2,916.00
CAD Drafter William Shusterman 28 $ 28.00 $ 784.00
Project Accountant Steve Juhline 32 $ 40.00 $ 1280.00
Labor Cost
a) Subtotal Direct Labor Costs $ 75,924.00
b) Anticipated Salary Increases 4% = $ 3,036.96
c) Total Direct Labor Costs [(a) + (b)] $ 78,960.96
Indirect Costs
d) Fringe Benefits (Rate:
__%)
e) Total Fringe Benefits [(c) x (d)] $
f) Overhead (Rate: 170 %) g) Overhead [(c) x (f)] $ 134,233.63 h) General and
Administrative (Rate: __%)
i) Gen & Admin [(c) x (h)] $
j) Total Indirect Costs [(e) + (g) + (i)] $ 134,223.63
Fixed Fee k) Total Fixed Fee [(c) + (j)] x fixed fee 10%] $ 21,319.46
2 1) Consultant’s Other Direct Costs (ODC) - Itemize
Description of Item Quantity Unit Unit Cost Total
Mileage Costs 500 miles $ 0.70 $ 350.00
Printing $ $
Permit Fees $ $
Plan Sheets $ $
Test $ $
l) Total Other Direct Costs $ 350.00
m) Subconsultants’ Cost
Subconsultant 1: Clark Land Resources (Optional) $ 0.00 Subconsultant 2: Earth Mechanics $ 13,427.53
Subconsultant 3: Group Delta $ 41,312.46
Subconsultant 4: HELIX $ 71,140.99
Subconsultant 5: Lewis Jones (Optional) $ 0.00
Subconsultant 6: Parametrix $ 5,675.61
Subconsultant 7: RE Services $ 45,967.16
Subconsultant 8: RICK $ 41,315.72
Subconsultant 9: Villa Civil $ 35,640.70
l) Total Other Direct Costs $ 350.00
n) Total Other Direct Costs Including Subconsultants [(l)+(m)] $254,830.17 Total Cost [(c) + (j) + (k) + (n)] $ 489,344.22
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
3 Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles {GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Par t 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncompliant with the federal and state requiresments are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).
Prime Consultant or Subconsultant Certifying:
Name: Matthew Capuzzi, PE
Title*: President
Signature:
Date of Certification: 12/04/2025
Email: [email protected]
Phone Number: (610) 405-3929
Address: 2302 Via Dieguenos Alpine, CA 91901
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providinq under the proposed contract:
Project Management, QA/QC, Civil Bikeway Design, Environmental/Coastal Permitting, Stormwater/Water Quality, Community Outreach, Real Estate Services, Geotechnical, Hazardous Material, Caltrans Permitting, Traffic Signal Design,Traffic Operations Analysis, Structures, Landscape Architecture, Potholing, Signing and Striping, Erosion Control