Chula Vista City Council
July 28, 2026

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
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 will be those established by SAMHSA and this Policy. Should these SAMHSA levels be changed during the course of the PLA or new testing procedures are approved, then these 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

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
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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 and 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

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
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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 which 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 designated 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 subject 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

City of Chula Vista - City Council
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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/ml2000 ng/ml Hydrocodone/
Hydromorphone 300 ng/ml HydrocodoneHydromorphone
100 ng/ml
100 ng/ml
Alcohol 0.02% Ethanol 0.02%
Oxycodone/
Oxymorphone 100 ng/ml OxycodoneOxymorphone
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 AmphetamineMethamphetamine
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 (THCAandbenzoylecgonine): Theconfirmatory testcutoff must beused for analternate technology initialtestthatisspecific for the target analyte (i.e., 15 ng/mlfor 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

City of Chula Vista - City Council
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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 to 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

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026

EXHIBIT F

DETAILED SCOPE OF SERVICES

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CITY OF CHULA VISTA
SCOPE OF WORK F STREET PROMENADE, PHASE 1
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May 5, 2026
Nolan Huelsman, PE
Principal Civil Engineer
City of Chula Vista
Re: F Street Promenade Phase 1
Dear Nolan,
Thank you for your consideration of this proposal prepared by CR Associates (“ CRA”) to the City of Chula Vista (“ Client”) for professional engineering services related to the implementation of F Street Promenade Phase 1.

Project Understanding and Scope of Work
The City of Chula Vista is seeking assistance with the implementation of the F Street Promenade Phase 1 project. The project extends along F Street from Bay Boulevard to Broadway and will enhance pedestrian and bicycle facilities by reducing the existing vehicular travel lanes and expanding the existing 5’ wide sidewalk to create a 12’ wide multi-use pedestrian and bicycle path on both sides of the street, landscaped and lighted parkways, extended curb returns at intersections, and signing and striping.

The project will be conducted in three ( 3) distinct phases: Environmental Analysis and Clearance and Preliminary Engineering ( PA& ED), Final Design (PS& E), and Construction Support ( CON).

Task 1 – PA& ED Services
Task 1.1 – Preliminary Services
Kickoff Meeting
A project kickoff meeting with City staff, attended by up to eight ( 8) CRA team members will be held to discuss team roles, project scope, schedule, deliverables, funding, goals, and immediate action items.

Site Visits
The CRA team will visit the site on up to one (1) occasion during the PA& ED phase to observe the existing conditions within the project area.

Existing Conditions / Project Path Assessment Memo
Once the CRA team has reviewed all documentation / data prepared and collected to date and investigated current review and permitting requirements with applicable agencies, we will prepare a memorandum including the following:

Description of existing conditions and known operational issues Preliminary risk register including potential schedule and budget impacts, as well as mitigation strategies
Suggested next steps

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CITY OF CHULA VISTA
SCOPE OF WORK F STREET PROMENADE, PHASE 1
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Task 1.2 – Environmental Services
NEPA Documentation Support
The CRA team will prepare a draft Preliminary Environmental Study (PES) Form addressing Phase 1 of the F Street Promenade project. The purpose of the PES Form is to provide the early coordination needed for Caltrans Division of Local Assistance ( DLA) to determine the required technical studies, level of analysis, and NEPA Class of Action ( Categorical Exclusion [ CE], Environmental Assessment [ EA], or Environmental Impact Statement [ EIS]). We will provide an electronic copy of a draft PES Form for City review. Following revisions by the team, the City will submit the draft PES Form to Caltrans DLA. If requested by Caltrans, the City will schedule a field meeting at the project site or a virtual meeting to discuss the project, relevant environmental issues, and the draft PES Form. The Consultant team, City, and Caltrans DLA staff will attend the meeting.

Based on the meeting, we will revise the draft PES Form, as required, and submit the final PES Form to the City for signatures and submittal to Caltrans DLA. The PES Form will identify the appropriate NEPA document for the project, as well as the technical studies required in support of this documentation. It is assumed that the PES form will conclude that the project will qualify for a “ Categorical Exclusion with required technical studies” based on 23 Code of Federal Regulations ( CFR) 771.117( c)(3), which covers construction of bicycle and pedestrian lanes, paths, and facilities. One additional review cycle of the PES Form based on Caltrans DLA comments is included. Caltrans DLA will prepare and process the CE form following approval of the supporting technical studies and the City completing the CEQA process.

Environmental Technical Studies
It is anticipated that the PES Form will identify preparation of the following environmental technical reports to support the NEPA CE:

Historic Property Survey Report/ Archaeological Survey Report ( HPSR/ ASR) Historic Resources Evaluation report ( HRER)
Community Impact Assessment ( CIA)
Initial Site Assessment ( ISA)/ Preliminary Site Investigation ( PSI) Technical studies required for NEPA documentation will include an analysis of a single version of the project based on City feedback. The studies will be prepared in accordance with Caltrans/ Federal Highway Administration ( FHWA) format and content requirements that are contained in the Caltrans Standard Environmental Reference ( SER) website. It is assumed the City can rely on the technical reports prepared in the Caltrans/ FHWA format for the CEQA compliance documentation. It is assumed that each technical study will undergo up to three (3) rounds of review/ revision, as follows. The CRA team will submit an electronic copy ( Microsoft Word and PDF versions) of each technical report to City for review. Following revisions which are assumed to be minor, not requiring new or substantially revised analysis or additional fieldwork), we will provide the City with an electronic copy of each draft technical study for submittal to Caltrans DLA.

The reports will be revised one time following Caltrans review. Electronic copies ( PDF) of the final reports will be provided to the City and Caltrans.

HISTORIC PROPERTY SURVEY REPORT/ ARCHAEOLOGICAL SURVEY REPORT ( HPSR/ ASR) The CRA team will prepare an Area of Potential Effects ( APE) Map that incorporates the limits of physical disturbance for the project. We will revise the APE map one time based on comments from Caltrans review.

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CITY OF CHULA VISTA
SCOPE OF WORK F STREET PROMENADE, PHASE 1
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It is assumed that the project area is within the public ROW only. It is assumed that the street improvements will not be out of character with the surrounding environment, and therefore will not represent a substantial change to the existing visual impacts of the streetscape, and therefore an expansion of the APE is not required in any other locations. Should Caltrans consider these improvements to have a potential visual impact, then the APE may require an expansion and costs and scope change will be required, based on the size of the expanded APE.

The CRA team will prepare an Historic Property Survey Report (HPSR) and an Archaeological Survey Report ASR) in the required Caltrans format using the appropriate content and format guidelines on the Caltrans SER website. The cultural resources technical study will include obtaining a records search from the South Coastal Information Center and contacting the Native American Heritage Commission ( NAHC) for a Sacred Lands File Check and a list of Native American contacts. Native American representatives recommended by the NAHC will be contacted to solicit information regarding potential concerns. A field survey will be conducted to observe and record any visible archaeological resources or cultural material within the project APE. A Kumeyaay Native American Monitor, contracted through our team, will participate in the survey effort. Historic background research will be conducted to assess whether the HRER is required. This scope does not include the documentation of any cultural resources.

HISTORICAL RESOURCES EVALUATION REPORT ( HRER)
The project corridor contains three ( 3) known features that could potentially be considered historical resources, including the existing railroad bridge across the I-5; buried railroad track under the pavement of F Street, as indicated on the 1971 As-Builts; and the existing trolley track (historically known as the San Diego Arizona Railway and recorded as Primary number P-37-025680 at the SCIC). As such, preparation of an HRER may be required by Caltrans. If required by Caltrans, we will prepare an HRER addressing one or more of these three (3) resources. The HRER will include documentation of the resources, a brief historic context, methods, and results of the evaluation of the resources under National Register of Historic Places NRHP)/ California Register of Historic Resources ( CRHR) significance criteria. Up to three built environment DPR forms will be prepared.

OPTIONAL: FINDING OF EFFECT DOCUMENT ( Requires separate City approval and NTP) If required by Caltrans, a Finding of Effect (FOE) document will be prepared. It is assumed that the FOE will be a Finding of No Adverse Effect with Standard Conditions, which will use the Secretary of Interior’ s Standards ( FNAE- SC: SOIS) for the Treatment of Historic Properties to avoid adverse effects to any potential historic properties. The FOE document will include the following sections: Summary of Action Plan, Project Description, Historic Properties Description, Analysis of Effects Related to Conditions Proposed, and Responsible Parties Action Plan Table.

TRIBAL CONSULTATION SUPPORT
If requested by City or Caltrans, the CRA team will act as extension of staff to assist the City and/ or Caltrans with government- to-government outreach and consultation. We will draft notification letters to be sent on City letterhead to Tribes who have registered with the City requesting to be notified of projects. We will field inquiries and requests for consultation or meetings with Tribes who request them. This task includes up to

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CITY OF CHULA VISTA
SCOPE OF WORK F STREET PROMENADE, PHASE 1
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two in-person meetings for a senior archaeologist or cultural resources manager with City staff and Tribal representatives.

COMMUNITY IMPACT ASSESSMENT ( CIA)
The CRA team will prepare a Community Impact Assessment ( CIA) in accordance with Caltrans/ FHWA format and content requirements that are contained in the Caltrans SER website. The CIA will evaluate potential community impacts within the project area for the project addressing land use ( land use compatibility, consistency with major land use plans and regulations, coastal zone, impacts to parks and recreational facilities as well as Section 4(f) resources), community character and cohesion neighborhoods/ communities/ community character, community facilities and services, construction impacts), property acquisitions, transportation and pedestrian/ bicycle facilities, and public involvement.

OPTIONAL: SECTION 4(F) EVALUATION ( Requires separate City approval and NTP) The western extent of the project corridor is adjacent to Bay Boulevard Park. Intersection improvements at the F Street/ Bay Boulevard intersection ( e.g., roundabout) could encroach into the adjacent park, which is considered a Section 4(f) property pursuant to Section 4(f) of the Department of Transportation Act.

Additionally, if the resources within the project corridor ( existing railroad bridge across the I-5, buried railroad track under F Street, and the existing trolley track) are determined to be historic, these would also be protected under Section 4(f).

We will evaluate potential direct and indirect impacts to 4(f) resources resulting from the project. The 4(f) Evaluation will rely on the results and conclusions of the HPSR/ ASR and HRER ( if required). This scope assumes a de minimis Impact Analysis Report will be prepared.

De Minimis Impact Analysis Report If it is determined that use of 4(f) resource( s) will occur as a result of the project and Caltrans determines that preparation of de minimis Impact Findings is required, we will provide coordination support to the City and Caltrans for de minimis Impact Findings. We will prepare documentation in the form of a Section 4(f) de minimis Impact analysis report (in accordance with the format and content requirements of Caltrans) to support de minimis Impact Findings that will address the following:

Applicability of Section 4(f) property proposed to be used by the project A description of the use of the 4(f) property
An explanation of why the use is de minimis
Records of public involvement, or Section 106 consultation Any avoidance, minimization, and/ or mitigation measures that are relied upon to make the de minimis finding
Results of coordination with the official(s) with jurisdiction including written concurrence from official( s) with jurisdiction
The City and/ or Caltrans will be responsible for coordination with the officials with jurisdiction over the property.

CEQA Documentation
It is anticipated that the project would meet the criteria for a CEQA Class 1 Categorical Exemption, Existing Facilities, Class 3 Categorical Exemption, New Construction or Conversion of Small Structures, and/ or Class 4, Minor Alterations to Land. Additionally, it is not anticipated that any of the exceptions outlined in CEQA

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CITY OF CHULA VISTA
SCOPE OF WORK F STREET PROMENADE, PHASE 1
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Guidelines Section 15300.2 would apply to the project. These exceptions relate to location, cumulative impacts, significant effects due to unusual circumstances, scenic highways, hazardous waste sites, and historical resources. Thus, use of this CEQA Categorical Exemption appears to be appropriate for the project.

We will prepare a CEQA Notice of Exemption ( NOE) for the project in the City’ s format along with a brief memorandum to document that none of the exceptions outlined in CEQA Guidelines Section 15300.2 apply.

We will provide the City with electronic copies of the draft NOE and supporting memorandum in Microsoft Word and PDF formats for review and comment. As applicable, we will provide the City with a revised electronic copy for final review. This scope assumes that the City will be responsible for electronically submitting the required documents to the State Clearinghouse, filing the NOE at the County Clerk ( along with payment of applicable fees).

Task 1.3 – Preliminary Engineering
It is assumed the Preliminary Engineering submittal will be provided to the City for review and comment, and that one ( 1) round of consolidated comments will be addressed as part of the 60% design phase submittal.

Data Collection
Concurrently, the CRA team will perform a review of the topographic survey (. dwg), right-of-way mapping dwg), and as-built plans (. pdf) provided by the City. It is assumed that the information provided by the City will be substantially thorough, accurate, and complete. The CRA team will also prepare and distribute a utility records request to all utilities within the project area. Based on this information, CRA will prepare an existing conditions AutoCAD file to use as the background for the proposed project plans. Utility poles will be labeled by their identification number. Underground utilities, larger than 24” in diameter will be drawn to scale.

The CRA team will review the provided plans prepared by a pervious consultant.

Preliminary Plans
CRA will prepare preliminary engineering plans and technical reports. The design will be prepared utilizing software compatible with AutoCAD Civil 3D 2021 on 22” x34” paper, utilizing the City of Chula Vista Design and Construction Standards ( 2017), City of Chula Vista Equipment Specifications, Greenbook Standard Specifications ( 2021), CA- MUTCD ( 2026), San Diego Regional Standard Drawings ( 2022), and Caltrans Standard Plans and Specifications ( 2023).

The preliminary plans will provide the following sheets:

Title Sheet ( 1 Sheet)
Demo Plans (1”=40’, 3 Sheets)
Details and Typical Sections ( 3 Sheets)
Roadway / Bikeway / Roundabout Improvement Plans ( 1”= 20’, 5 Sheets) Storm Drain Plan and Details ( 1”=20’, 3 Sheets)
Utility Plans (1”=40’, 3 Sheets)
Landscape and Irrigation Plan and Material Pallet ( 1”= 20’, 2 Sheets) ( non-bridge) Signing, Wayfinding, and Striping (1”=40’, 3 sheets) (non-bridge) Grade Crossing Plan (1”=20’, 1 Sheet) (will be used as preliminary crossing exhibit for initial discussions with CPUC and MTS)

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CITY OF CHULA VISTA
SCOPE OF WORK F STREET PROMENADE, PHASE 1
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Preliminary landscape design plans will include plans, legends, and notes for all areas outside the existing rail bridge limits. A colored Illustrative Site Plan will also be prepared for presentation purposes.

We will also prepare dimensioned concept sections to depict different interfaces of multi- use path, pedestrian and enhanced paving, and tree grates. A total of three (3) illustrative sections are included.

Surveying
Boundary Survey: This scope assumes a boundary survey will be completed by City forces, and linework depicting existing property information ( right-of-way lines, parcel lines, easements, etc.) will be provided to the CRA team in a Civil3D drawing file following its completion. The CRA team will review, verify, and incorporate the information provided by the City into the design base files.

Topographic survey will be completed at the commencement of final design ( see Task 2).

Right-of-Way Analysis
The CRA team will prepare and complete the Preliminary Engineering Right of Way ( PERW) Checklist ( LAPM Exhibit 13-E) to identify potential right-of-way issues associated with this project.

We will coordinate with Caltrans to identify the right-of-way impacts and to determine the appropriate rightof-way documentation required.

We will conduct investigations and obtain the necessary documentation in accordance with the Caltrans Right of Way Manual and Local Assistance Procedures Manual. This scope and fee assume all elements of project construction fall under Caltrans ROW Manual Section 8.10.03.00 - Permission to Enter Grantor’ s Land for Construction Purposes and will not require rights of entry, temporary construction easements, or permanent acquisitions.

Geotechnical Analysis and Study
The CRA team will conduct investigations and prepare a geotechnical study and recommendations for the design and construction of the proposed improvements. No borings within MTS right-of-way are included.

Water Quality Analysis and Study
The CRA team will evaluate the storm water quality requirements in accordance with the City’ s 2023 BMP Design Manual to determine the applicable storm water quality requirements for the project. The CRA team will then complete the City’ s Storm Water Intake Form to determine the project’ s classification.

It is assumed that the project will be determined to be Priority Development Project (PDP) Exempt.

Drainage Analysis and Study
The CRA team will review, verify, and update, the preliminary study conducted by a previous consultant.

We will analyze the hydrology and hydraulic impacts as a result of the proposed improvements. Existing drainage pipes and inlets will be replaced with equivalent sized facilities to provide the equivalent conveyance capacity.

We will review the offsite run-on from adjacent watersheds based on the 2004 City of Chula Vista Drainage Master Plan and will summarize findings from the prior analysis. Onsite facilities will not be upsized to

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accommodate offsite run-on. If findings indicate onsite facilities are inadequate for collecting and conveying offsite run-on, the desired improvements will be discussed with the City. Additional analysis and design work can be provided under a separate scope and fee.

Rail Bridge Conversion
As described in the F Street Promenade Streetscape Master Plan, the City has made a preliminary agreement with MTS to take over maintenance responsibilities of the existing unused rail bridge over I-5 parallel to the F Street bridge and make improvements to convert it for use as a pedestrian bridge. Prior to the commencement of preliminary landscape, wayfinding / monumentation, or civil / structural design of the bridge, the CRA team will complete the structural analysis described below. If the analysis results indicate that the bridge is not structurally fit for pedestrian use, further design of bridge improvements will be removed from the project and deferred to a future date.

Structural Analysis
The CRA team will review preliminary data, including as-builts and bridge inspection report(s) for the existing F Street Overhead railroad bridge. If a bridge inspection has not been conducted on the existing F Street Overhead bridge, the Consultant can provide inspection as an additional service. It is assumed that as-builts of the existing bridge and Caltrans Bridge Inspection Reports will be available and provided by Caltrans.

It is assumed that the bridge will not need to be structurally retrofitted but will require railing and fencing upgrades compliant with current Caltrans and FHWA requirements. This assumption will be confirmed during final design.

OPTIONAL: Landscape and Irrigation Plan – Bridge ( pending results of structural analysis) Preliminary landscape design plans for the converted rail bridge will include plans, legends, and notes. A colored Illustrative Site Plan will also be prepared for presentation purposes.

OPTIONAL: Schematic Wayfinding / Monumentation Plan – Bridge ( pending results of structural analysis)
One schematic plan view sheet will be prepared for the converted rail bridge including sign / monument locations, orientation, and messaging. Structural foundation plans and details will be determined during final design.

Traffic Analysis and Study
CRA will prepare a Traffic Operations Analysis Report to evaluate existing and potential future traffic operations at the intersection of Bay Boulevard & F Street. The analysis will assess existing conditions and potential future traffic volumes to compare traffic signal and roundabout operations. The task will include the following components:

Existing Conditions Assessment
Documentation of context, including roadway geometry, lane configurations, access, multimodal conditions, and surrounding land uses.

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Review of existing traffic control and operational characteristics.

Intersection operations analysis under existing conditions, including Level of Service ( LOS), control delay, and queueing.

Micro-simulation analysis using a Vissim model calibrated to existing conditions in accordance with FHWA guidelines.

Traffic Control Alternatives Analysis
CRA will evaluate and compare three traffic control alternatives at the intersections of Bay Boulevard & F Street and Woodlawn Avenue & F Street, including existing conditions as the baseline:

All-Way Stop Control ( AWSC)
Roundabout
Traffic Signal
For each alternative, the analysis will include:

Concept- level operational evaluation of intersection performance ( LOS, delay, and queueing).

Micro-simulation analysis utilizing the calibrated Vissim model developed for the existing conditions assessment.

Identification of operational advantages, constraints, and implementation considerations.

Qualitative discussion of safety, efficiency, and compatibility with corridor and promenade goals.

Traffic volume projections and analysis of years 2035 and 2050.

The alternatives analysis will be conducted at a planning level and will not include final design or construction plans.

Technical Report
Preparation of a Traffic Operations Analysis Report summarizing:
o Methodology and assumptions
o Existing conditions findings
o Traffic control alternatives evaluation
o Key observations and recommendations
Preliminary Opinion of Probable Construction Cost ( OPCC) CRA will prepare a preliminary OPCC on the City’s template, based on the preliminary plan quantity takeoffs and current unit prices (from readily available recent bid results). The preliminary OPCC will identify design items, unit prices, contingencies, and an overall construction cost.

Task 1.4 – Community Engagement
Public Outreach Plan: The CRA team will propose a public outreach plan that provides a strategy to inform the community of any project scope changes, provide regular updates, and offer channels for participation and feedback. It will also include a schedule to accomplish the community engagement tasks, requirements and details for outreach events, and collateral and project materials that will be produced throughout project development and construction.

Outreach Portal / Response Documentation: Our team will provide a hosted two-way communication portal for public input and response. We will document the public feedback and response thereto. Strategies may

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include providing content for a project website, hard copy mailings, social media posts, etc. Work for this subtask will occur throughout the PA& ED and PS& E phases.

Outreach Collateral: The public outreach plan will include multiple methods of communication to ensure participation from stakeholders, including multilingual outreach materials and interpreters for non-English speakers, as needed. All communication will also be ADA compliant and provide accessible venues and pathways, offer materials in alternate formats, and use communication aids, as needed, to ensure that all individuals can fully participate. Work for this subtask will occur throughout the PA& ED and PS& E phases.

Public outreach materials will be submitted to the City of Chula Vista for approval before its release. The City will assist with mailings ( if any) and placing materials on the City’ s website.

Outreach Events: The CRA team will develop materials, facilitate, provide bilingual interpretation, and document two in-person public outreach events. One of these events will occur in the PA& ED phase, while the other will occur during PS& E.

Task 1.5 – Project Coordination and Meetings
Agency Coordination
The CRA team will assist the City in coordinating the project with the following local and state agencies during preliminary engineering: Caltrans Department of Local Assistance ( DLA), Caltrans Structures and Design, California Public Utilities Commission ( CPUC), San Diego Metropolitan Transit System ( MTS), and utility owners. Our team will attend up to 12 meetings with these agencies and provide meeting agendas, minutes, action items, documents, and exhibits as needed. Additional time is included for email and phone communication between meetings.

Project Status Meetings
The CRA Project Manager (PM) will participate in regular meetings with the City PM to communicate project task status and discuss any issues requiring City or stakeholder status. Occasional participation by the CRA engineering manager is anticipated for resolution of technical details. These meetings are expected to last no more than 30-45 minutes and recur biweekly throughout the PA& ED phase.

PDT Meetings
The CRA team will participate in bi-monthly PDT meetings throughout this phase of the project ( assume 3 meetings). These meetings will cover both Environmental Services and Preliminary Engineering performed under this task.

Task 1.6 – Quality Assurance/ Quality Control
During the PA& ED phase, CRA will implement a formal Quality Assurance / Quality Control ( QA/ QC) program for the work performed under this contract. The QA/ QC program will specify independent technical reviews of deliverables prior to submittal. Reviews shall verify technical accuracy, internal consistency, compliance with applicable standards, and adherence to project objectives and federal documentation requirements.

CRA’ s QA/ QC Manager will be responsible for establishing review procedures, assigning qualified reviewers, documenting comments and resolutions, and certifying that each submittal has undergone full QA/ QC review. The QA/ QC process will include discipline- level checks, cross-discipline coordination reviews, and final sign-off by the QA/ QC Manager prior to each milestone.

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Task 1 Deliverables:

Meeting agendas (. pdf)
Meeting minutes (. pdf)
PES form (.pdf)
Technical study reports (.pdf)
CEQA NOE (. pdf)
CDP support materials (. pdf)
Preliminary Plans (. pdf)
Preliminary OPCC (. pdf)
Storm Water Intake Form (.pdf)
All electronic submittals will include the source file ( Word, Excel, AutoCAD- Civil 3D 2021, etc.) and a PDF copy. Final Documents will be wet signed as appropriate.

Task 2: Final Design ( PS& E)
Task 2.1 – Final Engineering Design
Revised design plans technical reports will be submitted for formal review and comments at the 60% and 90% design stages. The 60% and 90% plans and comment logs will be submitted electronically prior to the 100% submittal. Once comments have been addressed, we will proceed with the final signed plan set submittal.

Site Observation
The CRA team will visit the site on up to two (2) occasions during the PS& E phase to observe the existing conditions within the project area.

Coastal Development Permit
The western extent of the project corridor, west of Interstate 5, is located within the Coastal Zone and thus, the project is subject to the California Coast Act and the City’s Local Coastal Program, pursuant to the Bayfront Specific Plan and Chula Vista Municipal Code Section 19.82. We will provide support services in preparing required materials for the Coastal Development Permit (CDP), including drafting the application, preparing a memo justifying an exception to the application checklist’ s requirements for technical studies noise, air quality, etc.), and participating in meetings and coordination with the City.

OPTIONAL: Environmental / Technical Studies Supporting CDP If the City determines the project is not eligible for an exception to the CDP requirements for technical studies, the CRA team will perform quantitative environmental studies as directed by the City. This scope assumes these studies will be limited to noise / acoustical and air quality / greenhouse gas emissions, Topographic Survey
The CRA team will review the existing ground information provided by the City. This scope assumes that a topographic survey of the full project footprint will be required, including the following:

Horizontal and Vertical Survey Control: Consultant shall find and transfer horizontal and vertical control to the project acceptable to the City of Chula Vista. Horizontal and vertical survey control

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points set shall be made available to the client and will be maintained and utilized throughout the duration of the contract.

Field Survey: Consultant shall perform a topographic survey of the project area. Topographic survey shall include cross-sections at 25’ intervals and locations of above ground hardscape and utilities.

Inverts of sewer and storm drain shall be measured from top of rim and added to the final deliverable. Topographic survey shall be drawn at 20-scale unless otherwise directed.

Wayfinding Concepts
Team members Graphic Solutions and Jane Wheeler will prepare and submit up to three (3) color wayfinding monumentation concepts / themes consistent with community input for City review. This task includes two meetings with City staff.

Construction Plans
Based on the preliminary engineering plans and technical reports, the CRA team will prepare 60%, 90%, and 100% construction plans.

The construction plans will include the following sheets:

Title Sheet (1 Sheet)
Demolition Plan (1”=20’, 5 Sheets) ( Non-bridge)
Details and Typical Sections ( 3 Sheets) ( Non- bridge) Roadway / Bikeway / Roundabout Improvement Plan (1”=20’, 5 Sheets) ( Non-bridge) Roadway Profile (1”=20’, 6 Sheets) ( Non-bridge)
Precise Grading Plan ( 1”= 10’, 7 Sheets ( Non- bridge)) Storm Drain Plan, Profile, Details (1”=20’, 6 Sheets)
Utility Plans (1”=40’, 3 sheets)
Structural Details ( foundations for monumentation, traffic signal, and lighting standards) ( 3 sheets) Non-bridge)
Signage and Striping Plan (1”=40’, 3 Sheets) ( Non-bridge) Landscape Plan and Irrigation Plan and Details ( 1”= 20’, 12 Sheets) ( Non-bridge) Lighting and Electrical Plans ( 1”=40’, 2 Sheets) ( Non-bridge) Traffic Signal Plans (1”=20’, 1 Sheets)
Wayfinding and Monumentation ( 1”= 20’, 5 Sheets) ( Non-bridge) Grade Crossing Plan (1”=20’, 1 Sheets)
Traffic Control Plans ( 1”=40’, 9 Sheets)
Striping Plans: Line details shall be to scale and follow details from Chapter 3 of the current version of the CA MUTCD and Caltrans Standard Drawings.

Lighting and Electrical Plans: Preparation will be in accordance with City of Chula Vista lighting standards and include a photometric study.

OPTIONAL: Fiber Optic Splicing Plan: It is anticipated the project will design and install new fiber optic conduit along F Street between Woodlawn Ave and Broadway, and connect it to the existing fiber optic vault located at the intersection of Broadway and F Street. It is anticipated that the communication connection between the Bayshore Bikeway and Woodlawn Ave will be accomplished by a wireless interconnect system. The fiber optic improvements are intended to provide a communication pathway to the Chula Vista Bayfront and support future interconnection to a Pedestrian Hybrid Beacon (PHB) along Bayshore Bikeway Segment 6A. It is assumed that fiber optic conduits will be shown on the Lighting and Electrical and Traffic Signal Plans.

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The following plan will be prepared for fiber optic interconnection:

Fiber Optic Splicing Plan (No Scale, 1 Sheet)
If requested, final plans shall be plotted on Mylars and wet ink signed.

OPTIONAL: Construction Plans Associated with Converted Rail Bridge (Requires separate NTP from City) Should the structural analysis of the existing rail bridge indicate that the bridge is structurally fit for pedestrian use without additional retrofitting, the following plans will be prepared for improvements on and around the bridge:

Demolition Plan ( 1”= 20’, 1 Sheet)
Details and Typical Sections ( 1 Sheet)
Roadway / Bikeway / Roundabout Improvement Plan (1”=20’, 1 Sheet) Precise Grading Plan (1”=10’, 1 Sheet)
Storm Drain Plan, Profile, and Details (1”=20’, 2 sheets) Structural Details (railing/ fence details, foundations for monuments, traffic signal, and lighting standards) ( 4 sheets)
Signing & Striping Plan (1”=40’, 1 sheet)
Landscape and Irrigation Plans and Details (1”=20’, 2 sheets) Lighting and Electrical Plan (1”=20’, 1 sheet)
Wayfinding and Monumentation Plans and Details (1”-20’, 2 sheets) OPTIONAL: Rail Bridge Rights & Obligations Reassignment and Maintenance Agreement ( pending results of structural analysis)
Pursuant to the steps outlined in a letter from MTS to the City, dated November 17, 2014 and attached to this scope as Attachment A, the CRA team will provide agency coordination and right-of-way support to transfer MTS’ s rights and obligations related to the F Street Underpass superstructure to the City for use as a pedestrian bridge. This task includes the preparation of one 8-1/ 2” x 11” exhibit.

OPTIONAL: Right-of-Way Acquisition ( Expanded, requires separate NTP from City) If the work is determined to not be covered under Section 8.10.03.00 Permission to Enter Grantor’ s Land for Construction Purposes of the Caltrans ROW Manual, the CRA team will provide the following additional acquisition support for up to ten (10) properties in accordance with the Caltrans Right of Way Manual and Local Assistance Procedures Manual. Efforts will include:

Appraisals and Reports
o List of qualified Appraiser to propose
o Review submissions for responsiveness and recommend a preferred Appraiser o Review completed appraisal for accuracy
Offers to Acquire
o Prepare Offer to Acquire Letter
o Prepare Offer to Purchase
o Prepare Statement of Just Compensation
o Prepare Summary of Appraisal Statement
o Documents for City execution and delivery by Certified Mail Negotiations

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o Negotiate with the Property Owner to acquire the necessary rights Relocation Assistance
Utility Relocation and Railroad Coordination
Possession
o If negotiations are successful, prepare draft Acquisition Agreement and Easement Deed for City review, approval and execution
If negotiations are unsuccessful, assist the City in preparing and commencing eminent domain action
o Coordinate Escrow
Post-Acquisition
o Close acquisition file
o Assist w/ Right-of-Way Certification
o Assist w/ Post-Certification audit
Geotechnical Analysis and Study:

The CRA team will conduct investigations and prepare a geotechnical study and recommendations for the design and construction of the proposed improvements.

The report will be submitted for review and comments at the 60%, 90%, and 100% design stages.

Water Quality Analysis and Study:

The CRA team will evaluate the water quality requirements per 2023 City of Chula Vista BMP Manual to determine an appropriate course of action for this project to meet said water quality requirements.

We will address storm water quality by incorporating green street features into project, to the maximum extent practicable.

We will update the Storm Water Intake Form and prepare a SDP SWQMP in accordance with City of Chula Vista Standards.

Drainage Analysis and Study:

The CRA team will analyze the hydrology and hydraulic impacts as a result of the proposed improvements.

Existing drainage pipes and inlets will be replaced with equivalent sized facilities to provide the equivalent conveyance capacity.

We will prepare a Drainage Report to summarize impacts to the project area.

Opinion of Probable Construction Cost (OPCC)
CRA will prepare an OPCC as part of each PS& E submittal. The OPCC will be presented to show the proposed bid items, quantities, unit prices, contingencies, and an overall construction cost.

Technical Specifications
CRA will prepare Technical Special Provisions as part of 90% and 100% PS& E submittals. The Technical Special Provisions will be prepared in Greenbook format. It is assumed the City will prepare the Upfront Special Provisions and provide a template for the Technical Special Provisions.

Utility Potholing

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The CRA team will conduct up to four ( 4) potholes to locate existing utilities between the 60% and 90% submittals. The results of the pothole exploration will be summarized in a brief technical report. It is assumed that the pothole locations will require asphalt grinding and overlay repair.

Task 2.2 – Project Coordination and Meetings
Agency Coordination:

The CRA team will assist the City in coordinating the project with the following local and state agencies during final design: Caltrans Department of Local Assistance ( DLA), California Public Utilities Commission ( CPUC), San Diego Metropolitan Transit System ( MTS), and utility owners. Our team will attend up to 16 meetings with these agencies and provide meeting agendas, minutes, action items, documents, and exhibits as needed. Additional time is included for email and phone communication between meetings.

OPTIONAL: CPUC General Order 88-B (GO 88-B) Application Package ( Pending outcome of initial CPUC / MTS grade crossing coordination)
Should CPUC determine that the proposed roadway changes constitute an alteration to the existing Blue Line Trolley grade crossing under General Order 88-B, the CRA team will prepare the required application and supporting materials for review and approval by MTS and CPUC. This task includes:

Scheduling, attending, and preparing minutes for a virtual diagnostic meeting with City, CPUC, and MTS staff,
Scheduling, attending, and preparing minutes for a field diagnostic meeting with City, CPUC, and MTS staff,
Scheduling, attending, and preparing a comment response matrix for two (2) comment resolution meetings,
Additional phone and email communication with MTS and CPUC staff to address / resolve comments raised during diagnostic meetings, reach consensus on proposed crossing improvements, and obtain written concurrence for the crossing,
Preparation of GO 88-B Authorization Request Form and attachments:
o Updated crossing exhibit showing all existing and proposed railroad warning devices limited to pedestrian swing gates for emergency exit)
o Layout and profile plans
o Signing and striping plans
o Construction staging and traffic control plans
o Local multimodal traffic analysis output ( to provide accurate forecasted volumes of pedestrians and bikes and to show that the queueing of forecasted traffic at the adjacent intersections to the east and west will not extend across the tracks).

This task includes two rounds of comments and responses with MTS and CPUC and assumes no additional electrical warning devices or preemption calculations will be required. Should CPUC require the replacement of existing electrical warning devices or the addition of ped-scale electrical warning devices, a contract amendment will be needed.

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Project Status Meetings
The CRA Project Manager (PM) will participate in regular meetings with the City PM to communicate project task status and discuss any issues requiring City or stakeholder status. Occasional participation by the CRA engineering manager is anticipated for resolution of technical details. These meetings are expected to last no more than 30-45 minutes and recur biweekly throughout the design phase PDT Meetings
The CRA team will participate in bi-monthly PDT meetings throughout this phase of the project ( assume 6 meetings).

Task 2.3 – Quality Assurance/ Quality Control
It is assumed that each submittal will be provided to the City for review and comment, that comments will be provided in a single consolidated and consistent manner, that comments will be annotative in nature and not require alteration of the design intent, and that comments received will be addressed as part of the each subsequent submittal.

During the PS& E phase, CRA will implement a formal Quality Assurance / Quality Control (QA/ QC) program for the work performed under this contract. The QA/ QC program will specify independent technical reviews of deliverables prior to submittal. Reviews shall verify technical accuracy, internal consistency, compliance with applicable standards, and adherence to project objectives and federal documentation requirements.

CRA’ s QA/ QC Manager will be responsible for establishing review procedures, assigning qualified reviewers, documenting comments and resolutions, and certifying that each submittal has undergone full QA/ QC review. The QA/ QC process will include discipline- level checks, cross-discipline coordination reviews, and final sign-off by the QA/ QC Manager prior to each milestone.

Task 2.4 – Bid Phase
The CRA team will provide services during the bid phase as requested by the City, to the extent budgeted.

The CRA team’ s services may provide attendance at a pre-bid meeting, responding to requests for information ( RFI)/ clarifications, and assisting the City in the issuance of addenda to the bid package.

Task 2 Deliverables:

Meeting agendas (. pdf)
Meeting minutes (.pdf)
Previous redline comments and complete comments matric (. xls) Technical study reports (.pdf)
Plans (. pdf)
OPCC (. pdf)
Technical Specifications (. pdf)
Right-of-way documents (. pdf)
GO 88-B (.pdf)
All electronic submittals will include the source file (Word, Excel, AutoCAD- Civil 3D 2021, etc.) and a PDF copy. Final Documents will be wet signed as appropriate.

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Task 3: Construction Support
Task 3.1 – Pre-Construction and Design Support during Construction Services The CRA team will assist the City during the construction phase as requested and to the extent budgeted.

The CRA team’ s services may provide attendance at a pre-construction meeting, responding to the Contractor’ s RFIs, reviewing submittal and changes orders, performing site walks to observe the progress of the work, and attending construction meetings. Material and shop drawing submittal will be reviewed only for conformance with the information given in the Construction Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety procedures and programs.

Task 3.2 – Post-Construction Services
As-Builts
The CRA team will revise the signed mylar plan sheets based upon field changes and revisions as provided by the City’ s Construction Manager.

CRA will support the City in its preparation and filing of a Certificate of Environmental Compliance. Up to four (4) hours of support have been budgeted for this task.

Task 3 Deliverables :

Contractor Submittal Review
Full size As-Built plans certified by Registered Civil Engineer ( PDF & 1 Mylar copy) Permanent BMP Construction Self-Certification Form
All electronic submittals shall include the source file (Word, Excel, AutoCAD- Civil 3D 2021, etc.) and a PDF copy. Final Documents will be wet signed as appropriate.

INFORMATION TO BE PROVIDED BY THE CITY
The City will provide a copy or weblink for all the documents and data indicated below. Various projects, including the Bayfront redevelopment project, F Street Phase 1 Utility Undergrounding District Street Light Conversion project, etc., have taken place since previous preliminary plans and documents were completed.

1. As-Built drawings of existing grading and roadway improvements provided in PDF or similar format.

2. Dry and Wet Utility Mapping Information obtained from previous consultant provided in PDF or similar format.

3. City Engineering Estimate template in Excel spreadsheet format.

4. Relevant Technical Specifications and Special Provisions boilerplate in Word document format.

5. Bid Proposal Summary template in Word format.

6. Right-of-way and centerline mapping for project site in electronic CAD format.

7. Aerial topographic survey for project site in electronic CAD format for information only.

8. Aerial mapping in TIF format for information only.

9. Preliminary studies conducted by previous consultant for information only.

10. Preliminary plans prepared by previous consultant for information only.

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The City will coordinate with all necessary utility companies during the utility review process. However, the Consultant will provide support as described in this scope of work during the utility coordination process.

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Additional Services
Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed at our then- current hourly rates.

Additional services we can provide include, but are not limited to, the following:

Providing any other services not expressly included in this Scope of Services Grant administration
Permanent acquisition support
SWPPP
QSD/ QSP services during construction
Preparation of technical studies not included in this Scope of Services Hazardous material remediation specifications, oversight, monitoring, and clearance Visual impact assessment
Right-of-Way mapping
Payment of any fees
CCTV of pipelines
Floodplain analysis
Franchise utility design
Reclaimed water design and permitting
Building architectural design
Traffic control plans for investigations performed during design Evaluation, environmental clearance, and design of additional project limits Railroad pre-emption coordination and design
Railroad signaling and grade crossing warning device design Resource Agency coordination and permitting ( includes U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board, Coastal Commission)
Pre- construction monument preservation
Construction survey staking
Post construction monument preservation
Schedule
Work will be performed as expeditiously as possible based on an agreed upon schedule.

Fee Proposal
CRA will perform these services outlined above on a time and materials basis, not to exceed the amounts shown on the submitted 10-H1 form.

Fees will be invoiced monthly based upon hours worked and reimbursable expenses as of the invoice date.

Payment schedule will follow the City’ s Two-Party Agreement..

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City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026

EXHIBIT G

COST PROPOSAL

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
CRA AirX Alyson Ardurra Clark
Graphic
Solutions
Helix Roundabotix Schmidt TY Lin Verdantas Vista TOTAL
Task 1 - PA& ED 202,329.60$ -$ 4,000.00$ 61,449.44$ 30,704.00$ 9,860.24$ 89,724.88$ 3,751.00$ 22,888.77$ 38,380.00$ 17,312.00$ 15,081.00$ 495,480.93$ Task 2 - Final Design ( PS& E) 475, 531. 19$ 20,000.00$ 29,500.00$ 105,104.31$ -$ 110,000.52$ 8,860.53$ 9,922. 00$ 92,082.28$ 125,600.00$ 19,538.00$ 5,390. 00$ 1,001,528. 83$ Task 3 - Construction Support 50,279.18$ -$ -$ 6,197.70$ -$ 7,060.26$ 5,115.85$ -$ 16,198.17$ 23,632.00$ 3,720.00$ 15,460.50$ 127,663.66$ ODCs - PA& ED 75.00$ -$ -$ -$ 50.00$ -$ 1,705. 00$ -$ 100.00$ 250.00$ 1,630. 50$ -$ 3,810. 50$ ODCs - PS& E 625.00$ -$ -$ -$ -$ -$ -$ -$ 700.00$ 250.00$ 39,177.00$ -$ 40,752.00$ Baseline Totals 728,839.97$ 20,000.00$ 33,500.00$ 172,751.45$ 30,754.00$ 126,921.02$ 105,406.26$ 13,673.00$ 131,969.22$ 188,112.00$ 81,377.50$ 35,931.50$ 1,669,235.92$ Task 1 - PA& ED 8,034.96$ -$ -$ -$ -$ 3,360.12$ 15,739. 50$ -$ 2,728. 70$ 3,140.00$ -$ -$ 33,003. 28$ Task 2 - Final Design ( PS& E) 74,951.48$ -$ 20,000.00$ -$ 59,000.00$ 6,000.24$ -$ -$ 10,136.63$ 20,280.00$ -$ -$ 190,368.35$ Task 3 - Construction Support 13,156. 94$ -$ -$ -$ -$ 7,060.26$ 2,054. 88$ -$ 6,164. 07$ 7,758.00$ -$ -$ 36,194. 15$ ODCs 100.00$ -$ -$ -$ 95,000.00$ -$ -$ -$ -$ -$ -$ -$ 95,100.00$ Optional Totals 96,243.38$ -$ 20,000.00$ -$ 154,000.00$ 16,420.62$ 17,794.38$ -$ 19,029.40$ 31,178.00$ -$ -$ 354,665.78$ Task 1 - PA& ED 210, 364. 56$ -$ 4,000.00$ 61,449.44$ 30,704.00$ 13,220.36$ 105, 464. 38$ 3,751. 00$ 25,617.47$ 41,520. 00$ 17,312.00$ 15,081. 00$ 528,484. 21$ Task 2 - Final Design ( PS& E) 550,482.67$ 20,000.00$ 49,500.00$ 105,104.31$ 59,000.00$ 116,000.76$ 8,860.53$ 9,922.00$ 102,218.91$ 145,880.00$ 19,538.00$ 5,390.00$ 1,191,897.18$ Task 3 - Construction Support 63,436. 12$ -$ -$ 6,197.70$ -$ 14,120.52$ 7,170. 73$ -$ 22,362. 24$ 31,390.00$ 3,720.00$ 15,460.50$ 163,857. 81$ ODCs 800.00$ -$ -$ -$ 95,050.00$ -$ 1,705.00$ -$ 800.00$ 500.00$ 40,807.50$ -$ 139,662.50$ Baseline Totals 825,083.35$ 20,000.00$ 53,500.00$ 172,751.45$ 184,754.00$ 143,341.64$ 123,200.64$ 13,673.00$ 150,998.62$ 219,290.00$ 81,377.50$ 35,931.50$ 2,023,901.70$ PA& ED TOTAL = 532,294.71$
PS& E TOTAL = 1,327,749. 18$
CON TOTAL = 163,857.81$

OPTIONAL SCOPE

BASELINE SCOPE
F Street Promenade Ph 1 - Final Design
Summary of Proposed Fee
May 5, 2026

COMBINED SCOPE

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Principal
Senior Engineer
3 Senior Engineer
2 Senior Engineer
1 Assoc Engineer
2 Assoc Engineer
1 Engineer 3 Engineer 2 Engineer 1 Project Controls
379. 29$ 303. 44$ 288. 26$ 242. 75$ 212. 40$ 197. 23$ 182. 06$ 160. 82$ 145. 65$ 166. 89$

HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS 116 139 64 90 26 95 40 140 140 8
Task 1 Fee Total 43, 998. 08$ 42, 177. 47$ 18, 448. 85$ 21, 847. 32$ 5, 522. 52$ 18, 737. 11$ 7, 282. 44$ 22, 514. 88$ 20, 390. 83$ 1, 335. 11$ 202, 329. 60$ -$ $ 4, 000. 00 $ 61, 449. 44 $ 30, 704. 00 $ 9, 860. 24 $ 89, 724. 88 $ 3, 751. 00 $ 22, 888. 77 $ 38, 380. 00 $ 17, 312. 00 $ 15, 081. 00 495, 480. 93$

1. 1 Preliminary Services
Kick- off Meeting 4 6 2 4 4,885. 30$ 343. 00$ 360. 00$ 1,797. 33$ 363. 00$ 1,258. 59$ 1,168. 00$ 924. 00$ 11, 099. 22$ Site Visits 4 4 4 2,767. 33$ 1,376. 05$ 1,184. 00$ 1,400. 02$ 1,015. 61$ 484. 00$ 1,752. 00$ 1,848. 00$ 11, 827. 01$ Existing Conditions / Project Path Assessment Memo 4 8 4 16 8 9,418. 62$ 9,418. 62$

1. 2 Environmental Services 14, 048. 98$
NEPA Categorical Exclusion 2 1 2 1,456. 49$ 715. 84$ 2,172. 33$ Preliminary Environment Study ( PES) Form 1 2 2 1,380. 63$ 8,356. 07$ 9,736. 70$ Historic Property Survey Report/ Archaeological Survey Report 2 1 2 1,456. 49$ 23, 749. 27$ 25, 205. 76$ Historic Resources Evaluation Report 1 2 2 1,380. 63$ 15, 154. 51$ 16, 535. 14$ Community Impact Assessment 2 2 2 1,759. 92$ 12, 623. 53$ 14, 383. 45$ Tribal Consultation Support 2 758. 59$ 6,500. 00$ 7,258. 59$ CEQA Exemption 2 2 2 1,759. 92$ 1,281. 21$ 3,041. 13$
Environmental Studies ( ISA) 2 2 2 1,759. 92$ 14, 422. 00$ 16, 181. 92$ Environmental Studies and Clearance 2 758. 59$ 8,767. 00$ 9,525. 59$ Design Team Meetings -$ 924. 00$ 924. 00$

1. 3 Preliminary Engineering
Data Collection 4 4 4 8 20 7,950. 00$ 3,853. 94$ 5, 297. 00$ 484. 00$ 1,207. 96$ 18, 792. 90$ Plan Preparation
Title Sheet 2 2 4 1,553. 59$ 1,553. 59$
Demo Plans - Non- bridge 2 5 5 4 12 5,197. 84$ 5,197. 84$ Details and Typical Sections 6 4 4 4 16 6,432. 82$ 6,432. 82$ Roadway / Bikeway / Roundabout 2 16 8 6 12 20 32 19, 438. 05$ 1, 936. 00$ 21, 374. 05$ Drainage / Water Quality - Non- bridge 2 2 2 1,850. 95$ 7,888. 00$ 9,738. 95$ Utilities 2 2 2 2 2,245. 42$ 4,573. 92$ 6,819. 34$
Landscape / Irrigation - Non- bridge 2 2 1,335. 11$ 11, 361. 16$ 12, 696. 27$ Schematic Wayfinding / Monumentation - Non- bridge 2 2 1,335. 11$ 5,000. 20$ 6,335. 31$ Grade Crossing 4 4 8 4 16 7,488. 78$ 7,488. 78$
Survey
Boundary Survey ( review / incorporation of City data) 2 2 4 1,850. 95$ 4,000. 00$ 5,850. 95$ Right- of- way Analysis 2 2 2 2 2,245. 42$ 20, 685. 00$ 22, 930. 42$ Geotechnical Analysis and Study 2 2 2 1,759. 92$ 2,890. 00$ 4,649. 92$ Water Quality Analysis / Stormwater Intake Form 2 2 1,092. 37$ 3,312. 00$ 4,404. 37$ Drainage Analysis and Study 2 2 2 1,850. 95$ 5,064. 00$ 6,914. 95$ Traffic Analysis and Study 3 10 30 40 100 34, 819. 17$ 34, 819. 17$ Summary of Quantities and Engineer' s Estimate 2 4 2 6 8 16 7,258. 17$ 3,613. 44$ 700. 01$ 1,752. 00$ 13, 323. 62$ Design Team Meetings 8 8 8 7,039. 69$ 2,435. 74$ 1,715. 00$ 720. 00$ 484. 00$ 2,833. 55$ 15, 227. 98$ Rail Bridge Conversion -$
Structural Analysis 4 2 2,124. 05$ 6,520. 00$ 8,644. 05$

1. 4 Community Engagement
Public Outreach Plan 2 2 2 1,729. 58$ 19, 763. 62$ 21, 493. 20$ Outreach Portal / Response Documentation 1 242. 75$ 5,502. 01$ 5,744. 76$ Outreach Collateral 1 1 546. 18$ 5,502. 01$ 860. 02$ 2,233. 19$ 9,141. 40$ Outreach Events 4 4 4 4 4 5,134. 12$ 5,119. 53$ 986. 71$ 11, 240. 36$

1. 5 Project Coordination and Meetings
Agency Coordination 20 28 12 8 12 22, 866. 86$ 3, 801. 95$ 1, 500. 00$ Project Status Meetings 5 3 2,624. 71$ 3,801. 95$ 1,500. 00$ PDT Meetings 12 12 12 12 14, 564. 88$ 2, 105. 28$ 540. 00$ 4, 482. 53$ 2, 517. 19$ 2, 628. 00$ 26, 837. 88$

1. 6 Quality Assurance/ Quality Control ( QA/ QC) 12 8 8 8 10, 134. 73$ 1, 480. 00$ 279. 99$ 490. 42$ 5, 296. 00$ 2, 618. 00$ 20, 299. 14$ Task 1 Expenses 75. 00$ -$ -$ -$ 50. 00$ -$ 1, 705. 00$ -$ 100. 00$ 250. 00$ 1, 630. 50$ -$ 3, 810. 50$ ODC - PA& ED 50. 00$ 1,705. 00$ 100. 00$ 250. 00$ 1,630. 50$ 3,735. 50$ Mileage 75. 00$ 75. 00$
Reproduction -$ -$
Mylars -$ -$
172 265 190 229 243 405 0 239 313 24
Task 2 Fee Total 65, 238. 53$ 80, 410. 28$ 54, 770. 02$ 55, 589. 29$ 51, 614. 29$ 79, 879. 26$ -$ 38, 436. 11$ 45, 588. 07$ 4, 005. 34$ 475, 531. 19$ 20, 000. 00$ 29, 500. 00$ 105, 104. 31$ -$ 110, 000. 52$ 8,860. 53$ 9,922. 00$ 92, 082. 28$ 125, 600. 00$ 19, 538. 00$ 5, 390. 00$ 1, 001, 528. 83$

2. 1 Final Engineering Design
Coastal Development Permit ( AQ and Noise Studies) 4 2 2 2 3, 004. 01$ 8, 860. 53$ 11, 864. 54$ Wayfinding / Monumentation Concepts 4 2 2, 093. 70$ 8, 040. 30$ 10, 134. 00$ Plan Preparation
Title Sheet 2 2 2 8 8 4, 685. 04$ 4, 685. 04$
Demo Plans 2 6 6 16 28 22 20 19, 680. 79$ 19, 680. 79$
Details and Typical Sections 4 6 6 10 16 12 12 14, 024. 77$ 14, 024. 77$ Roadway / Bikeway / Roundabout 2 12 20 35 45 32 45 38, 175. 16$ 8, 712. 00$ 46, 887. 16$ Plan and Profile 2 12 24 40 40 32 32 37, 510. 63$ 37, 510. 63$ Precise Grading 2 12 24 40 40 60 40 40 53, 616. 96$ 53, 616. 96$ Traffic Signal / Lighting 2 20 20 50 16 43 34 37, 325. 54$ 37, 325. 54$ Signing / Striping 16 32 20 42 30 26, 720. 49$ 26, 720. 49$ Structures 2 8 8 8 7, 434. 16$ 24, 000. 00$ 31, 434. 16$ Drainage / Water Quality 2 6 6 4 4, 824. 62$ 32, 000. 00$ 36, 824. 62$ Utilities 2 8 8 8 6, 705. 91$ 6, 978. 65$ 13, 684. 56$
Landscape / Irrigation 2 8 8 8 6, 705. 91$ 53, 467. 99$ 60, 173. 90$ Wayfinding / Monumentation 2 8 8 8 6, 705. 91$ 82, 500. 00$ 89, 205. 91$ Grade Crossing 6 12 10 8 16 20 15, 930. 34$ 15, 930. 34$ Traffic Control 2 4 4 16 5, 152. 33$ 26, 176. 56$ 31, 328. 89$ Survey
Topographic Survey ( Full project footprint) 4 2 4 2 2, 718. 78$ 27, 000. 00$ 29, 718. 78$ Geotechnical Analysis and Study 2 4 4 4 3, 732. 25$ 19, 538. 00$ 23, 270. 25$ Water Quality Analysis and Std SWQMP 2 2 2 1, 850. 95$ 13, 500. 00$ 15, 350. 95$ Drainage Analysis and Study 2 6 6 4, 035. 69$ 14, 000. 00$ 18, 035. 69$ Summary of Quantities and Engineer' s Estimate 4 6 4 8 24 24 14, 661. 98$ 7, 134. 68$ 2, 360. 08$ 5, 349. 16$ 8, 500. 00$ 38, 005. 90$ Technical Specifications 8 8 12 4 4 12 8 8 15, 560. 15$ 5, 501. 92$ 2, 720. 08$ 3, 570. 54$ 9, 000. 00$ 3, 542. 00$ 39, 894. 69$ Utility Potholing 2 4 4 4 3, 732. 25$ 20, 000. 00$ 2, 500. 00$ 26, 232. 25$ Community Engagement
Outreach Portal / Response Documentation 2 485. 50$ 10, 263. 96$ 10, 749. 46$ Outreach Collateral 1 1 546. 18$ 10, 263. 96$ 860. 02$ 2, 496. 17$ 14, 166. 33$ Outreach Events 4 4 4 8 8 6, 566. 33$ 9, 881. 49$ 986. 71$ 17, 434. 53$

2. 2 Project Coordination and Meetings
Agency Coordination 20 20 16 16 4 28 28, 522. 89$ 7, 577. 85$ 36, 100. 74$ Project Status Meetings 28 10 13, 047. 71$ 13, 047. 71$ PDT Meetings 20 20 20 20 24 29, 008. 39$ 4, 871. 48$ 4, 200. 06$ 4, 977. 59$ 4, 200. 00$ 924. 00$ 48, 181. 52$

2. 3 Quality Assurance/ Quality Control ( QA/ QC) Report 30 40 20 20 24 38, 141. 78$ 9, 053. 76$ 1, 119. 98$ 1, 210. 00$ 16, 458. 34$ 9, 500. 00$ 75, 483. 86$

2. 4 Bid Phase
Plan/ Specification Revisions 2 4 4 12 8 16 9, 946. 60$ 4, 400. 00$ 8, 200. 00$ 2, 387. 89$ 7, 400. 00$ 32, 334. 49$ Reply to RFIs 4 12 2 4 6 6 8, 763. 20$ 3, 000. 00$ 2, 387. 89$ 3, 500. 00$ 924. 00$ 18, 575. 09$ Bid Review / Evaluation 2 4 4 4 3, 914. 31$ 3, 914. 31$ AirX VistaAlyson Ardurra Clark Graphic Solutions
Task 1 - Environmental Analysis and Clearance ( PA& ED) and Prelim Engineering Task 2 - Final Design ( PS& E)
Helix Roundabotix Schmidt TY Lin Verdantas TOTAL COST ($) Title/ Role
CRA COST ($)
Rate ($)
CRA FEE PROPOSAL SCHEDULE:

F Street Promenade Ph 1 - Final Design
April 22, 2026

BASE COST

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Principal
Senior Engineer
3 Senior Engineer
2 Senior Engineer
1 Assoc Engineer
2 Assoc Engineer
1 Engineer 3 Engineer 2 Engineer 1 Project Controls
379. 29$ 303. 44$ 288. 26$ 242. 75$ 212. 40$ 197. 23$ 182. 06$ 160. 82$ 145. 65$ 166. 89$

HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS

23. 5 21 29 23 5 75. 5 0 0 35 0
Task 3 Fee Total 8, 913. 40$ 6, 372. 14$ 8, 359. 63$ 5, 583. 20$ 1, 062. 02$ 14, 891. 07$ -$ -$ 5, 097. 71$ -$ 50, 279. 18$ $ 0. 00 -$ 6, 197. 70$ -$ 7, 060. 26$ 5, 115. 85$ -$ 16, 198. 17$ 23, 632. 00$ 3, 720. 00$ 15, 460. 50$ 127, 663. 65$

3. 1 Pre- Construction and DSDC Services 3,720. 00$ 3,720. 00$ Pre- Con Meeting 2 4 4 4 3,914. 31$ 1,045. 60$ 4,959. 91$ DSDC ( RFI responses, plan updates, field visits)
RFI Responses 5 5 5 6 12 8,678. 24$ 1, 376. 05$ 1, 860. 06$ 8, 458. 43$ 6, 232. 00$ 924. 00$ 27, 528. 78$ Plan Revisions 5 6 6 12 20 16 14, 634. 67$ 2, 400. 00$ 2, 140. 11$ 8, 500. 00$ 27, 674. 78$ Field Visits 3 3 3 3 3 3,941. 62$ 1,376. 05$ 5, 330. 71$ 10, 648. 38$ Biweekly Construction Meetings 6 6 24 8,738. 93$ 8,738. 93$ Environmental Oversight ( Envir. Commitments, Permits) 0. 5 1 0. 5 591. 70$ 2,846. 58$ 11, 825. 00$ 15, 263. 28$

3. 2 Post- Construction Services
As- Builts 1 1 5 5 5 9 16 8,505. 28$ 2, 409. 03$ 6, 000. 00$ 16, 914. 31$ Permanent BMP Construction Self- Certification Form 0. 5 189. 65$ 2,900. 00$ 3,089. 65$ Environmental Closeout 0. 5 1 3 1, 084. 78$ 3, 060. 09$ 2, 269. 27$ 2, 711. 50$ 9, 125. 64$ Tasks 2 & 3 Expenses 625. 00$ -$ -$ -$ -$ -$ -$ -$ 700. 00$ 250. 00$ 39, 177. 00$ -$ 40, 752. 00$ ODC - PS& E / CON 700. 00$ 250. 00$ 39, 177. 00$ 40, 127. 00$ Mileage 225. 00$ 225. 00$
Reproduction 100. 00$ 100. 00$
Mylars 300. 00$ 300. 00$
728,840$ 20,000.00$ 33,500.00$ 172,751.45$ 30,754.00$ 126,921.02$ 105,406.26$ 13,673.00$ 131,969.22$ 188,112.00$ 81,377.50$ 35,931.50$ 1,669,236$ 6 11 0 1 2 4 0 6 0 0
Optional Task 1 Total 2, 275. 76$ 3, 337. 79$ -$ 242. 75$ 424. 81$ 788. 93$ -$ 964. 92$ -$ -$ 8, 034. 96$ -$ -$ -$ -$ 3, 360. 12$ 15, 739. 50$ -$ 2, 728. 70$ 3, 140. 00$ -$ -$ 33, 003. 28$

1. 2 Environmental Services -$
Section 4(f) Evaluation - De Minimis 2 2 2 1,759. 92$ 9,970. 42$ 11, 730. 34$ Finding of Effect Document 2 1 5,769. 08$

1. 3 Preliminary Engineering
Rail Bridge Conversion -$
Demo Plans - Bridge 2 1 2 2 1,596. 07$ 1,596. 07$
Drainage / Water Quality - Bridge 1 2 2 1,307. 80$ 3,140. 00$ 4,447. 80$ Landscape / Irrigation - Bridge 2 2 928. 51$ 2,728. 70$ 3,657. 21$ Schematic Wayfinding / Monumentation - Bridge 1 2 2 1, 380. 63$ 3, 360. 12$ 4, 740. 75$ 40 42 28 26 23 23 46 48 49 0
Optional Task 2 Total 15, 171. 75$ 12, 744. 27$ 8, 071. 37$ 6, 311. 45$ 4, 885. 30$ 4, 536. 35$ 8, 374. 81$ 7, 719. 39$ 7, 136. 79$ -$ 74, 951. 48$ -$ 20, 000. 00$ -$ 59, 000. 00$ 6, 000. 24$ -$ -$ 10, 136. 63$ 20, 280. 00$ -$ -$ 190, 368. 35$

2. 1 Final Design ( PS& E)
Coastal Development Permit ( AQ and Noise Studies) 2 2 1,365. 46$ 14, 204. 01$ 15, 569. 47$ Fiber Optic Plans 1 1 4 5 5 8 5 5,716. 72$ 5, 716. 72$
Rail Bridge Conversion -$
Demo Plans - Bridge 1 2 2 4 8 3,547. 16$ 3,547. 16$
Roadway / Bikeway / Roundabout Improvement Plans - Bridge 2 2 8 12 5, 237. 29$ 5, 237. 29$ Precise Grading Plan - Bridge 1 2 8 12 4, 615. 25$ 4, 615. 25$ Drainage / Water Quality Plans - Bridge 1 2 2 1, 562. 69$ 6, 280. 00$ 7, 842. 69$ Structural Details ( Fencing/ Railing, Monument / Lighting Foundations) - Bridge
2 2 4 2, 336. 45$ 14, 000. 00$ 16, 336. 45$
Signing & Striping Plan - Bridge 1 2 4 1,714. 41$ 1,714. 41$ Landscape / Irrigation Plans - Bridge 2 2 1,365. 46$ 10, 136. 63$ 11, 502. 09$ Lighting & Electrical Plans - Bridge 1 1 4 10 10 8 4 7, 619. 25$ 7, 619. 25$ Wayfinding & Monumentation Plans - Bridge 2 2 1,365. 46$ 6,000. 24$ 7,365. 70$ Rail Bridge Rights & Obligations Reassignment and Maintenance Agreement
4 2 2 10 3, 914. 31$ 7, 000. 00$
Right- of- Way Acquisition 2 4 4 4 3,732. 25$ 20, 000. 00$ 52, 000. 00$ 75, 732. 25$

2. 2 Project Coordination and Meetings
GO 88- B Application Package 20 20 24 40 30 32, 224. 80$ 32, 224. 80$

5. 5 7 5 7 1 19. 5 0 0 12 0
Optional Task 3 Fee Total 2, 086. 12$ 2, 124. 05$ 1, 441. 32$ 1, 699. 24$ 212. 40$ 3, 846. 04$ -$ -$ 1, 747. 79$ -$ 13, 156. 94$ $ 0. 00 -$ -$ -$ 7, 060. 26$ 2, 054. 88$ -$ 6, 164. 07$ 7, 758. 00$ -$ -$ 36, 194. 15$

3. 1 Pre- Construction and DSDC Services -$
DSDC ( RFI responses, plan updates, field visits)
RFI Responses 1 1 1 2 4 2,245. 42$ 1,860. 06$ 3, 021. 21$ 1, 412. 00$ 8, 538. 69$ Plan Revisions 1 2 2 4 6 6 4,590. 97$ 2, 140. 11$ 3, 524. 00$ 10, 255. 08$ Field Visits 1 1 1 1 1 1,313. 87$ 2, 052. 86$ 3, 366. 73$ Biweekly Construction Meetings 4 788. 93$ 788. 93$
Environmental Oversight ( Envir. Commitments, Permits) 0. 5 1 0. 5 591. 70$ 1,027. 44$ 1,619. 14$

3. 2 Post- Construction Services
As- Builts 1 1 1 1 1 3 5 2,746. 09$ 1, 090. 00$ 1, 970. 00$ 5, 806. 09$ Permanent BMP Construction Self- Certification Form 0. 5 189. 65$ 852. 00$ 1,041. 65$ Environmental Closeout 0. 5 1 1 690. 31$ 3, 060. 09$ 1, 027. 44$ 4, 777. 84$ Optional Tasks ODCs 100. 00$ -$ -$ -$ 95, 000. 00$ -$ -$ -$ -$ -$ -$ -$ 95, 100. 00$ ODC -$
Mileage 100. 00$ 100. 00$
PTRs, appraisals, review appraisals -$ 95, 000. 00$ 95, 000. 00$ 96, 243$ -$ 20, 000. 00$ -$ 154, 000. 00$ 16, 420. 62$ 17, 794. 38$ -$ 19, 029. 40$ 31, 178. 00$ -$ -$ 354, 666$ Vista
Title/ Role
CRA COST ($)
Task 3 - Construction Support
Optional Task 1 - PA & ED
CRA Total
TOTAL COST ($)
Rate ($)
VerdantasAirX Alyson Ardurra Clark Graphic Solutions Helix Roundabotix Schmidt TY Lin CRA Total

OPTIONAL TASKS
Optional Task 2 - Final Engineering ( PS& E)
Optional Task ODCs
Optional Task 3 - Construction Support

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026

EXHIBIT H
CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 10-R

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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

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

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

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

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

THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE- ONLY FUNDED CONTRACTS AS WELL.

Note: italic text within brackets throughout the Articles is intended for instructional purposes only]

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

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

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin # 25-07 R3

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

The name of the “CONSULTANT” is as follows:

NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The name of the “LOCAL AGENCY” is as follows:

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

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

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

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

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

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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

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

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

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

ARTICLE II CONSULTANT’ S REPORTS OR MEETINGS
Choose either Option 1 or Option 2]
Option 1 - Use paragraphs A & B below for standard AGREEMENTs] A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’ s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’ s Project Manager shall meet with LOCAL AGENCY’ s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

Option 2 - Use paragraphs A & B below for on-call AGREEMENTs] A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’ s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

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

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

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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

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

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

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

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

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

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

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

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.]
C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.

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

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

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

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

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

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

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

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’ s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty ( 30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty ( 60) calendar days after completion of CONSULTANT’ s work. Invoices shall be mailed to LOCAL AGENCY’ s Contract Administrator at the following address:

LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)

ADDRESS)
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $( Amount).

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

Option 2 - For Cost per Unit of Work Agreements, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project].

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

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

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Article III Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal.

C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs ( including labor costs, employee benefits, travel, equipment- rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment.

Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements ( such as oncall Agreements). This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection.]
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’ s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty ( 30) days upon receipt by LOCAL AGENCY’ S Contract Administrator of itemized invoices in duplicate.

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

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

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’ s approved Cost Proposal.

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CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

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

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

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

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

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

K. CONSULTANT will be reimbursed within thirty ( 30) days upon receipt by LOCAL AGENCY’ S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty ( 30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’ s Contract Administrator at the following address:

NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)

ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

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

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

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O. Task Orders may not be used to amend the language ( or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ ( Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

Option 4 - Use paragraphs A through E below for lump sum agreements.

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

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

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

D. CONSULTANT will be reimbursed within thirty ( 30) days upon receipt by LOCAL AGENCY’ S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty ( 30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty ( 60) calendar days after completion of CONSULTANT’ s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’ s Contract Administrator at the following address:

LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)

ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $( Amount).

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

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

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

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

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

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

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

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

ARTICLE VIII RETENTION OF RECORD/ AUDITS
For the purpose of determining compliance with Gov. Code § 8546. 7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’ s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three ( 3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three ( 3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’ s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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D. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

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

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

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

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

F. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Choose either Method 1, Method 2, or Method 3 below and delete the other two.] Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’ s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

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

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

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

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

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’ s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($ 5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’ s approved Cost Proposal and exceeding five thousand dollars ($ 5,000), with prior authorization by LOCAL AGENCY’ s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

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

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($ 5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the

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equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’ s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

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

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

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation' s Regional/ District Labor Compliance Officer https:// dot.ca.gov/programs/ construction/ labor- compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code § 1773. 2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

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

D. Payroll Records

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

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

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

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

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

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

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

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

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

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

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

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

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

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

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777. 5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’ s failure to pay the specified prevailing rate of wages to the Subconsultant’ s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’ s employees on the public works project and any amounts due pursuant to Labor Code §1813.

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

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

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

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars 30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777. 7 in the employment of apprentices.

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

Penalties are specified in Labor Code § 1777.7.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR § 11000 et seq.), the provisions of Gov. Code §§ 11135- 11139. 5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 ( a-f), set forth 2 CCR 8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

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

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

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

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

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

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

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

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

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

3. Does not have a proposed debarment pending; and

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

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

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

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

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

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

All DBE participation will count toward the California Department of Transportation’ s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.

Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines " manufacturer" and "regular dealer."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11. The LOCAL AGENCY determines other documented good cause.

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

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

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

3. Submit CONSULTANT’ s DBE termination request by written letter to the LOCAL AGENCY and include:

One or more above listed justifiable reasons along with supporting documentation.

CONSULTANT’ s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’ s written notice The DBE's response to CONSULTANT’ s written notice, if received. If a written response was not provided, provide a statement to that effect.

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

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

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

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

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:

Description of scope of work and cost proposal
Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’ s GFEs to use DBE replacement firms within seven ( 7) days of LOCAL AGENCY' s authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY' s approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:

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

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

The LOCAL AGENCY shall request CONSULTANT to:

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

2. Provide this notification before starting the affected work

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3. Maintain records including:

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

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

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

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

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

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

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

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

Subcontract agreement with the DBE
Purchase orders

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

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

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

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’ s request such as:

Proof of ownership or lease and rental agreements for equipment Tax records
Employee rosters
Certified payroll records
Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

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

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

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

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

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

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

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

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

Disadvantaged Business Enterprise Running Tally of Payments to business. support. unit@dot. ca.gov with a copy to local administering agencies.

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

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

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

B. The Certificate of Insurance will provide:

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

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

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

C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

Option 2 - for AGREEMENTs with a scope of services that will not require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way where there would be exposure to public traffic or construction CONSULTANT operations.] CONSULTANT is not required to show evidence of general comprehensive liability insurance.

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

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

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

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

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

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

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

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

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five 45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

Choose either Option 1 or Option 2]
Option 1 - Use paragraphs A through C below for all AGREEMENTs without PS&E submittal] A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’ s Contract Administrator and [Insert Department Head or Official], who may consider written or verbal information submitted by CONSULTANT.

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

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

Option 2 - Replace Paragraph B, above, with the following for AGREEMENTs requiring the submission of PS&E]
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

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

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

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

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

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

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

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

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

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

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

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

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

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

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

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

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

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

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

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

APPENDIX B

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

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

Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.

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

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin # 25-07 R3
hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [ and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally- assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

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

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

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

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

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

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin # 25-07 R3

APPENDIX D

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

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

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

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

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

Pertinent Non-Discrimination Authorities:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, ( 42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal- aid programs and projects); Federal- Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
Section 504 of the Rehabilitation Act of 1973, ( 29 U.S.C. § 794 et seq.), as amended, ( prohibits discrimination on the basis of disability); and 49 CR Part 27; The Age Discrimination Act of 1975, as amended, ( 42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin # 25-07 R3
Airport and Airway Improvement Act of 1982, ( 49 U.S.C. § 471, Section 47123), as amended, prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms programs or activities” to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities ( 42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’ s Non-discrimination statute ( 49 U.S.C. § 47123) ( prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency ( LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs 70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities ( 20 U.S.C.1681 et seq).

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

CONSULTANT:

CONSULTANT)
NAME) , Project Manager

ADDRESS)
LOCAL AGENCY:

LOCAL AGENCY)
NAME) , Contract Administrator

ADDRESS)

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Office Bulletin # 25-07 R3

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

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

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July 28, 2026

ITEM TITLE
Agreement Amendment: Approve an Amendment to Consultant Services Agreement with I-GSD Management Inc. for Project Management/City Representative Services Report Number: 26-0235
Location: 1775 Millenia Avenue
Department: City Manager
G.C. § 84308 Regulations Apply: Yes
Environmental Notice: The Project is adequately covered in a previously certified Final Second Tier Environmental Impact Report (EIR-07-01; SCH #2007041074, Millenia/Eastern Urban Center, dated September 15, 2009), and incorporated by reference in Resolution No. 2009-223 on September 15, 2009.

Recommended Action
Adopt a resolution approving an amendment to a consultant services agreement with I-GSD Management Inc. for project management/city representative services that 1) increases the initial contract (through September 30, 2026) amount by $53,400; and 2) exercises the one-year extension option through September 30, 2027 at $300,000, for a total not-to-exceed amount of $703,400.

SUMMARY
The Millenia Library Building, a 168,000 square foot Class “A” office building which will house a 60,000 square foot City library and other tenants, is currently under construction. Tenant improvements for the City library are expected to be completed in November 2026.

Management of construction activities is provided through a contract with I-GSD Management Inc., approved by City Council in February 2025. To support the timely build-out of tenant improvements for tenants such as San Diego State University and Sweetwater Union High School District, construction of the City library was delayed. As a result of this schedule adjustment, along with the need for expanded project management services during construction, staff recommends amending the agreement with I-GSD Management Inc. to increase the contract’s not-to-exceed amount and expand the scope of services.

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The additional costs will be partially offset through reimbursement of project management fees associated with non-City-funded tenant improvement projects, including Sweetwater’s Launch Virtual Academy and future tenant improvements within the café space and currently vacant upper-level spaces.

ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project is adequately covered in a previously certified Final Second Tier Environmental Impact Report (EIR-07-01; SCH #2007041074, Millenia/Eastern Urban Center, dated September 15, 2009), and incorporated by reference in Resolution No. 2009-223. Therefore, no further environmental review is required.

BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.

DISCUSSION
On December 6, 2022, the City Council adopted Resolution Nos. 2022-273 through 2022-275, approving a Purchase and Sale Agreement with LMC-Millenia Investment Company (“Chesnut”) to acquire 7.06 acres of undeveloped land on Lot 7 of Millenia located at 1775 Millenia Avenue (APN 643-060-57-00); approving a Project Development Agreement with Chesnut to construct a 168,000 square foot class “A” library and office building, a 6,100 square foot amenity building, a parking structure, related site work and improvements (the “Project”).

In conjunction with this action, the City Council authorized entering into a Purchase and Sale Agreement (“PSA”) with LMC-Millenia Investment Company, L.P. (Seller) and the City of Chula Vista (Buyer). The PSA obligated the City to purchase a 7.06-acre parcel (“Lot 7”) and all associated plans and construction drawings.

Chesnut, the owner and developer of Lot 7, was obligated to complete improvements to the City’s specifications and provide a turnkey building to the City upon close of escrow. In exchange, the City agreed to reimburse Chesnut for certain pre-development and soft costs (approx. $3.1 million) and to pay Chesnut $11 million to acquire Lot 7. In addition, the City committed to paying Chesnut a Developer Fee of 4% of Reimbursable Costs, excluding Land Acquisition, and a Construction Supervision Fee of 3.5% of Hard Construction Costs (capitalized terms are as defined in the PSA). To date, the City has paid Chesnut in excess of $3 million in combined Developer and Construction Supervision Fees.

Due to significant budgetary shortfalls, on December 10, 2024, the City Council took action to appropriate additional funds necessary to complete buildout of the Project. This action also identified project savings that would be generated by exercising the City’s option to close escrow on Lot 7 early, to coincide with the completion of the site work, core and shell. This option is projected to generate net savings of just under $1.2 million in Developer and Construction Supervision Fees that would otherwise be payable to Chesnut for the construction of tenant improvements (TIs).

Following the completion of the site work, core and shell, the City required project management/City representative services to complete construction of the Project, including construction of TIs for library, San Diego State University (SDSU), Sweetwater Union High School District (SUHSD), lower-level common areas and other tenant improvements as needed within the Project. In February 2025, the City Council approved

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an agreement with I-GSD Management Inc. through September 30, 2026 for professional project management and City representative services with a not-to-exceed contract amount of $350,000.

Prior to commencement TIs, several activities required management beyond what was contemplated in the initial agreement including pre-construction planning and coordination activities, project closeout and coordination of site work/core and shell-related work, onboarding and coordination of the property management company, and an increased level of involvement in all major construction bidding components.

Construction of tenant improvement spaces began in March 2026 with priority given to SUHSD and SDSU to accommodate the start of their academic years in July and August, respectively. This schedule adjustment delayed the construction of library TIs which are now scheduled to be completed in November 2026. In addition, the project will require support related to the café tenant, expanded SUHSD scope related to storage needs as well as coordination with upper-level tenants.

For these reasons, staff recommends amending the agreement with I-GSD Management Inc. to expand the scope of services to reflect actual work performed and increase contract amount by $53,400 through September 30, 2026. This increase is expected to be fully offset by reimbursement of project management fees from SUHSD, estimated at $58,164.

In addition, the current agreement includes an option to extend the contract term by one year, through September 30, 2027, which will be necessary to complete the library and other TI projects. Accordingly, this amendment also establishes a not-to-exceed contract amount of $300,000 for the extension term of the agreement. With the exception of the library and other City-funded TI projects, project management fees incurred during the extension term are expected to be reimbursed by the respective tenants.

DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).

Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.

CURRENT-YEAR FISCAL IMPACT
Approval of the amendment will increase the contract amount by $53,400 through September 30, 2026. The increase is expected to be fully offset by reimbursement of project management fees from SUHSD estimated at $58,164.

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Initial Term
(2/25/25 –
9/30/26)
Extension No. 1
(10/1/26 –
9/30/27)
Not-to-Exceed
Original Agreement $350,000 - $350,000
First Amendment $53,400 - $53,400
Option to Extend - $300,000 $300,000
Total $703,400
Due to anticipated cost savings within the Project budget (GGV0267), no additional appropriation is needed.

ONGOING FISCAL IMPACT
The ongoing fiscal impact is anticipated to be limited to project management costs associated with close out of library TIs. The majority of costs in the extension term are expected to be offset by tenant reimbursements.

ATTACHMENTS

1. First Amendment to I-GSD Management Inc. Agreement
Staff Contact: Tiffany Allen, City Manager
Adrianna Relph, Special Projects & Legislative Manager

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Form Rev 9/30/2025
RESOLUTION NO. __________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA APPROVING AN AMENDMENT TO A

CONSULTANT SERVICES AGREEMENT BETWEEN THE
CITY AND I-GSD MANAGEMENT INC.

WHEREAS, City is a party to that certain Project Development Agreement and that certain Purchase and Sale Agreement, each dated December 6, 2022, with LMC-Millenia Investment Company, L.P., addressing the construction and acquisition of the Millenia Library and Office Building located at 1775 Millenia Avenue, Chula Vista, California (the “Project”); and WHEREAS, management of construction activities is provided through a contract with IGSD Management Inc., approved by City Council in February 2025 via Resolution 2025-024; and WHEREAS, as explained by City staff in Report 26-0235, as a result of construction schedule adjustments, along with the need for expanded project management services during construction, an amendment to the agreement with I-GSD Management Inc. to increase the contract’s not-to-exceed amount and expand the scope of services is required; and WHEREAS, additional costs will be partially offset through reimbursement of project management fees associated with non-City-funded tenant improvement projects, including Sweetwater Union High School District’s Launch Virtual Academy and future tenant improvements within the café space and currently vacant upper-level spaces; and WHEREAS, staff recommends increasing the initial contract (through September 30, 2026) amount by $53,400, and exercising the one-year extension option through September 30, 2027, at $300,000, for a total not-to-exceed amount of $703,400.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves an amendment to a Consultant Services Agreement, between the City and I-GSD Management Inc., 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 City Manager to execute same.

Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
City Manager City Attorney

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
City of Chula Vista Amendment to Agreement No.: 2026-244 Consultant Name: I-GSD MANAGEMENT INC.

FIRST AMENDMENT
to Agreement between the
City of Chula Vista
and
I-GSD MANAGEMENT INC. for PROJECT MANAGEMENT/CITY REPRESENTATIVE

SERVICES
This FIRST AMENDMENT (“Amendment”) is entered into effective as of July 28, 2026 (“Effective Date”) by and between the City of Chula Vista (“City”) and I-GSD MANAGEMENT INC. (“Consultant”) with reference to the following facts:

RECITALS
WHEREAS, City and Consultant previously entered into an agreement for the provision of project management/City representative services (“Original Agreement”) for $350,000 on February 25, 2025; and
WHEREAS, City and Consultant desire to amend the Original Agreement to increase the not-to-exceed compensation amount by $53,400 through September 30, 2026, to account for services beyond pre-construction planning and coordination activities, project closeout and coordination of building core and shell-related work, onboarding and coordination of the property management company, as more specifically set forth in Exhibit A, bringing the total of the Original Agreement to $403,400; and
WHEREAS, the Original Agreement includes an option to extend the term through September 30, 2027, which the City elects to exercise to complete the Millenia Library Building and other tenant improvement projects as described in City Report 26-0235, in an amount not to exceed $300,000; and
WHEREAS, the total amount of the Original Agreement and this Amendment is $703,400.

NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows:

1. Exhibit A, titled “Amended and Restated Scope of Work and Payment Terms,” is attached here and incorporated by this reference.

2. Except as expressly provided here, all other terms and conditions of the Original Agreement shall remain in full force and effect.

3. The parties executing this First Amendment on behalf of such party are duly authorized agents with authority to do so.

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
City of Chula Vista Amendment to Agreement No.: 2026-244 Consultant Name: I-GSD MANAGEMENT INC.

SIGNATURE PAGE TO FIRST

AMENDMENT
TO
I-GSD MANAGEMENT INC. AGREEMENT FOR PROJECT MANAGEMENT/CITY

REPRESENTATIVE SERVICES
I-GSD MANAGEMENT INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________

SUSAN GUERRA TIFFANY ALLEN

PRESIDENT CITY MANAGER

APPROVED AS TO FORM
BY: _______________________________
Marco Verdugo
City Attorney

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
City of Chula Vista Amendment to Agreement No.: 2026-244 Consultant Name: I-GSD MANAGEMENT INC.

EXHIBIT A

AMENDED AND RESTATED

SCOPE OF WORK AND PAYMENT TERMS

1. Same as original Agreement.

2. Same as original Agreement.

3. Term: This First Amendment covers the term of the original Agreement and the exercise of the one-year option to extend, until September 30, 2027.

4. Compensation:
☒ Time and Materials. For performance of the Defined Services by Contractor/Service Provider as herein required, City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider in the performance of said Services, at the rates or amounts as indicated below:
$300.00 per hour
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:

Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through September 30, 2026 shall not exceed one percent (1%) of hard construction costs for the Project work managed by Consultant, but in no case shall the compensation exceed $403,400.

Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed from October 1, 2026 through September 30, 2027 shall not exceed one percent (1%) of hard construction costs for the Project work managed by Consultant, but in no case shall the compensation exceed $300,000.

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
I believe that Nothing gets included on the Council
meeting agenda unless it is approved by you (4)
• So, Micheal Inzunza why are you going around
saying that you did not agree with July 21 council
meeting agenda item
• 7.2
Ballot Initiative: Provide Direction on a Proposed
Amendment to the Chula Vista City Charter,
Consider Placing a Measure on the November 3,
2026 Ballot to Amend the Charter, Carry Out
Necessary Election Procedures, & Authorize Other
Necessary
Are you lying again, are you throwing those
other 3 under the bus. Are you the victim now
Boohoo poor you go cry somewhere else or call
some one who cares
If Union members can dictate agenda items for the
council meetings
I want an item included in the next regular council
meeting.

For You Micheal Inzunza, to be suspended
I believe you Micheal Inzunza have experience with been Suspended.

It is well known that this is not your first time Micheal Inzunza getting Suspended from a Job for unethical
behavior /Actions Does Catholic School Mater Dei refresh your memory
• Below is a Link to the Legal Document
https://1drv.ms/b/c/8dcf48c141ff159a/IQBNmNjLN_IuRqHlwUf Z6hcAARWPSObp-zRnYYW2vDuIIo0
Written Communications - PC
Acosta - Received 7/24/2026

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Micheal Inzunza.
some Chula Vista Residents / Voters see you as a
clown. I challenge you to post this
• However, because you lied to
me.
• Whenever and wherever I see
you see you as Lier
• One who is not honest.
• one who I do not trust you .
• One who I believe would sell his
soul to the highest financier Did
some on paid for your Paris trip
Written Communications - PC
Acosta - Received 7/24/2026

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Presently you 4 are getting paid by Chula Vista Taxpayes My opinion is that You 4 should be replaced as soon as possible You 4 should Step down and save yourselves embarrassment that you might face later
Questions for you 4 My questions are:
1, Have you become someone puppet?
if someone is controlling you, that is not so focused on Chula Vista Community? And more on controlling you as their puppets Or

2.Are you on someone’s payroll That guarantees you been elected Your legacy will follow you , just like the
STRIPER Gate humiliation
is it worth the embarrassment? That you might bring those around you Written Communications - PC
Acosta - Received 7/24/2026

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Micheal Inzunza
You have lied to me, I do not trust you. you sit there and frequently, uncontrollably interrupt those who are speaking .

How about you Micheal Inzunza act like a mature adult and not as Punk as reported you call and bully a little Black Kid
• Inform Chula vista residents and Voters
that you are not a Military family
member.
• And as Always, you Micheal Inzunza tried
to make it all about you.
• Inform them that you lie to the
community during a Veterans event.
•
• By lying and claiming that you are a
Military Family member.
• Peace Cop is not a military branch that
never has never will be military.
• Inform the world. you lie and you are
not a Military Family member
• .
• But You should be Proud and tell the
world to be a
• Stripper Gate. (San Diego) Family
member
•
• For those who do not know about
striper gate
• Google its
• Striper gate San Diego
Written Communications - PC
Acosta - Received 7/24/2026

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
Michael Inzunza’s team members,
cronies, and puppets:
and well Now Clowns
•Remember
• if you play with the pigs,
•you will get dirty
Written Communications - PC
Acosta - Received 7/24/2026

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
That could be any one of you
Just saying
Written Communications - PC
Acosta - Received 7/24/2026

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
That could be any one of you
Just saying
Written Communications - PC
Acosta - Received 07/27/2026

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
That motion also passed 4-1, with Michael Inzunza casting the only dissenting vote.

Before the vote, Inzunza made it clear he wanted both a potential salary increase and full-time Council status to remain under consideration by the Charter Review Commission.

Written Communications - PC
Acosta - Received 07/27/2026

City of Chula Vista - City Council
July 28, 2026 Post City Council Agenda
1 Draft Ex Parte Communication
Purpose
Principles of fundamental fairness and due process of law require that City decisionmakers conduct quasi-judicial proceedings in an open, objective, and impartial manner, free from undue influence and the abuse of power and authority. Communications with parties outside of an official proceeding can lead to doubts about the fairness of the proceeding and the impartiality of the decision-makers. Establishing a policy that provides guidance and clear procedures regarding such communications promotes impartial, fair, and transparent decision-making.

Statement of Policy

1. This policy applies to quasi-judicial proceedings. A quasi-judicial proceeding is a proceeding in which the decision affects the specific rights or interests of an individual or entity based on the decision makers' application of the governing law to specific facts.

Quasi-judicial hearings are subject to federal and state due process, the fair hearing requirement of California Code of Civil Procedure section 1094.5, and additional requirements applicable to particular hearings. Quasi-judicial proceedings may involve land use permits, license revocations, nuisance abatements, and certain evidentiary proceedings.

2. This policy does not apply to legislative acts. A legislative act establishes a regulation or policy to be applied in all future cases and the ways and means of accomplishing it.

Legislative acts include the adoption of ordinances or land use plans, such as general plans or specific plans.

3. Parties appearing before the City of Chula Vista (City) for a quasi-judicial proceeding deserve to have their issues heard in an open, transparent, and fair process.

4. Ex parte communications are substantive oral or written communications between an interested party and the decision-maker regarding a quasi-judicial proceeding which take place outside of a noticed hearing on the matter and without all the parties to that

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2 proceeding present. Ex parte communications can be written communications received by a decision-maker, conversations with a decision-maker, or independent fact-finding by a decision-maker, including site visits.

5. Ex parte communications should be avoided because they can bring into question the impartiality and fairness of the hearing process. This is especially true of Ex parte communications that suggest a decision-maker has assisted project proponents or opponents in formulating and advocating their positions.

6. For quasi-judicial proceedings involving land use decisions, independent site visits by a decision-maker may be useful for the decision-making process. In such cases, the site visit must be disclosed at the public hearing and indicate who was present and what was discussed. Site visits should not occur while a project proponent, opponent, or any other interested party is present. When an Ex parte communication occurs, information regarding the communication should be fully disclosed so that all interested parties are aware of their communication and have an opportunity to explain or rebut the information as necessary.

Procedure

1. This policy shall apply to City decision-makers in any quasi-judicial proceeding including, without limitation, City Council Members and members of all boards and commissions.

2. The City Clerk in conjunction with the City Manager and the City Attorney will identify agenda items involving quasi-judicial decisions on the agenda by prominently marking the item as such. Failure to identify an item shall not be cause for a continuance.

3. The presiding officer at a public hearing involving a quasi-judicial decision will ask each member of the decision-making body to disclose any ex parte communications prior to the time for receipt of public comment.

4. Disclosure of ex parte communications may be made verbally and should include the following information as applicable:
a. The type of communication, including whether any written or other materials were provided to the decision-maker;

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3 b. When and where the communication took place;
c. Who was involved in the communication with the decision-maker; and d. The substance of the information was disclosed to the decision-maker.

5. If a decision-maker received any written or other materials as part of an ex parte communication, those materials should be provided to the City Clerk's office and included in the record of the proceedings. If the materials are no longer available at the time of the hearing, the decision-maker should provide the City Clerk's office with a description of the materials received and an explanation of why they are no longer available to include in the record of the proceedings.

6. The record in a quasi-judicial proceeding may only include evidence presented during the hearing and on the record at the hearing. Ex parte contacts occurring after a public hearing is closed and before a final decision is rendered are prohibited because there is no opportunity for rebuttal.

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Item 6.1 Board of Ethics:

Proposed Council Policy on
Ex Parte Communications
Presented By: Chair Salas and Member Gersten
Chula Vista City Council Meeting
Tuesday, July 28, 2026

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BACKGROUND
• Ad-Hoc Subcommittee
was created.

February 15, 2023
•The Subcommittee researched,
discussed, and drafted a
formal policy over an
extended period.
•Monthly progress updates
were provided at Board of
Ethics meetings.
2023-2025
• Draft policy referred to
the City Attorney’s
Office for legal review.

September 17, 2025
• Board of Ethics voted to
refer the item to the City
Council for review.

December 17, 2025

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PURPOSE
• Ensure fundamental fairness and due process in quasi-judicial proceedings.  Promote open, objective, and impartial decision-making. Prevent undue influence and abuse of power or authority. Increase transparency and public confidence in City decision-making.

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STATEMENT OF POLICY – SCOPE
• Applies to quasi-judicial proceedings affecting specific rights or interests.  Such proceedings are subject to due process and California Code of Civil Procedure §1094.5.
Examples include land use permits, license revocations, nuisance abatements, and evidentiary hearings.
Does not apply to legislative acts such as ordinances or land use plans.

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STATEMENT OF POLICY – EX PARTE

COMMUNICATIONS
• Ex parte communications are substantive communications outside a noticed public hearing.
 May include written materials, conversations, independent fact-finding, or site visits.
Such communications should be avoided to preserve fairness and impartiality. Communications suggesting advocacy or assistance raise significant due process concerns.

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STATEMENT OF POLICY – SCOPE
• Applies to quasi-judicial proceedings affecting specific rights or interests.  Such proceedings are subject to due process and California Code of Civil Procedure §1094.5.
 Examples include land use permits, license revocations, nuisance abatements, and evidentiary hearings.
 Does not apply to legislative acts such as ordinances or land use plans.

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STATEMENT OF POLICY – EX PARTE

COMMUNICATIONS
• Ex parte communications are substantive communications outside a noticed public hearing.
 May include written materials, conversations, independent fact-finding, or site visits.
 Such communications should be avoided to preserve fairness and impartiality.
 Communications suggesting advocacy or assistance raise significant due process concerns.

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PROCEDURE – APPLICABILITY AND

IDENTIFICATION
• Applies to all City decision-makers, including City Council, boards, and commissions.
 City Clerk, City Manager, and City Attorney identify quasi-judicial agenda items.
 Agenda items will be prominently marked as quasi-judicial when applicable.

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PROCEDURE – DISCLOSURE AND

RECORDKEEPING
• Presiding officer requests disclosure of ex parte communications before public comment.
 Disclosures may be verbal and must include type, timing, participants, and substance.
 Written materials must be submitted to the City Clerk for inclusion in the record.
 If unavailable, a description and explanation must be provided.

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PROHIBITED COMMUNICATIONS
• The record may only include evidence presented on the record during the hearing.  Ex parte communications after the hearing is closed are prohibited.  Post-hearing communications are not allowed due to lack of opportunity for rebuttal.

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EX PARTE COMMUNICATION POLICY
QUESTIONS?

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v . 0 0 5 P a g e | 1
July 28, 2026

ITEM TITLE
Gaming Operations: Amend Chula Vista Municipal Code Chapter 5.20 “Gambling” Incorporating Chula Vista Gaming Plan Provisions in Accordance with State Law
Report Number: 26-0228
Location: No specific geographic location
Department: City Manager
G.C. § 84308 Regulations Apply: No
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities).

Recommended Action
Place an ordinance on first reading amending Chula Vista Municipal Code Chapter 5.20 “Gambling” incorporating the Chula Vista Gaming Plan as an appendix in accordance with State law (First Reading).

SUMMARY
Prior to enactment of the City’s Gaming Plan in 1996, cardroom operations were regulated by way of City ordinance. The ordinance was amended by the City Council on six different occasions between 1977 and 1995 for various reasons. The Gaming Plan created a structure under the City code where future changes would be adopted by resolution, thereby preserving local authority over cardroom operations.

Recent conversations with the California Department of Justice’s Bureau of Gambling Control, responsible for the development of policy, regulatory oversight and enforcement of the State’s gaming laws, have determined a need to codify the existing regulations of the City’s Gaming Plan into Chula Vista Municipal Code (“CVMC”) Chapter 5.20. This updated ordinance readopts the Gaming Plan, as amended by City Council in December 2023, as an appendix. Subsequent amendments to the Gaming Plan shall be by ordinance as permitted by State law and the City Charter.

ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption

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pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required.

BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.

DISCUSSION
Background
Cardrooms are one of California’s oldest forms of legal gambling with operations ranging from “mom and pop” storefronts, to larger, more sophisticated establishments. Historically, card clubs were regulated by local governments. Beginning in the mid-1980s, the State gradually increased its regulatory oversight. The stated primary purpose of this increased oversight by the State was to attempt to prevent criminal activity from being associated with these businesses.

In 1984, the State Legislature enacted the Gaming Registration Act, which required the Office of the Attorney General to provide uniform, minimum regulation of California card rooms. However, the scope of the Attorney General's authority was extremely limited, and funding was inadequate. Recognizing the need for broader oversight of California's gambling industry, the State Legislature enacted the Gambling Control Act in 1998 (Business and Professions Code §§ 19800-19987).

The Gambling Control Act developed the California Gambling Control Commission (“CGCC”) and the Bureau of Gambling Control (“Bureau”) in the California Department of Justice. The five-member CGCC, appointed by the governor, is responsible for, among other things, setting policy, establishing regulations, making determinations of suitability for gaming employees and other individuals and entities, issuing licenses, and administering the provisions of the Gambling Control Act. The Bureau is the State law enforcement authority with special jurisdiction over gambling activities within the State. The Bureau is also the entity that receives applications and fees and conducts criminal background investigations and audits.

Local governments also regulate California card clubs. Gaming interests must secure a gaming ordinance which then must be approved by the Bureau and CGCC. Local ordinances establish the hours of operation, table size and number, wagering limits and must be approved by the host jurisdiction. The regulatory activities of these agencies are mostly funded by licensing and penalty fees collected from gaming establishments.

Card Rooms
The State of California currently has a moratorium until 2043 on the issuance of "new" card club licenses.

With a few minor exceptions, the moratorium, which was enacted in 1995, has limited the ability of local governments to amend their gaming ordinances. The State Legislature has extended the moratorium several times over the past 20 years, most recently in 2023.

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All controlled games (pai-gow, poker, etc.) and gaming activities (jackpots, bonuses, tournaments, etc.) must be approved by the Bureau and must comply with local gaming ordinances prior to their play at a licensed gambling establishment within California.

History of the Chula Vista Gaming Plan
Prior to enactment of the City’s Gaming Plan in 1995, cardroom operations were regulated by way of City ordinance. The ordinance was amended by the City Council on six different occasions between 1977 and 1995 for various reasons.

The City ordinance, codified in CVMC section 5.20.030, establishes the number licenses authorized for issuance as a formula based on population, at the rate of one license per 40,000 residents. At the time the ordinance was last amended in 1995, this meant Chula Vista had a total of four licenses. The ordinance also established a limit of eight tables per single license, with an additional limit of 12 tables for each consolidated license (meaning two licenses under one cardroom).

The Gaming Plan concept was introduced to the City Council on November 28, 1995, because the City Attorney’s Office determined that then-pending State laws would have the effect of preempting local control by City code. By creating a structure under the City code where future changes would be adopted by resolution, the Gaming Plan preserved local Chula Vista authority over its cardroom operations. This gave the City Council the authority to adopt or make amendments to the Chula Vista Gaming Plan by resolution after a public hearing. Under this revised structure, the initial Gaming Plan was adopted in February 1996.

In 1998, the Gaming Plan was amended at the request of the City Council to eliminate the issuance of additional licenses without a vote of the electorate. At that time, there were a total of four licenses issued in the City. Two were held by Chula Vista Bay Club, Inc. and two were held by Harvey Souza.

In 2000, the Gaming Plan was amended again, this time to deactivate two of the outstanding four licenses and consolidate the remaining two licenses under Mr. Souza’s ownership. This was accomplished by Mr.

Souza acquiring two licenses from Chula Vista Bay Club, Inc. and returning them to the City. Other updates in the 2000 action include: 1) expanding the hours of operation; 2) allowing additional game types; 3) increasing bet limits; 4) allowing alcohol service; 5) increasing license fees; 6) enhancing employee screening; and 7) allowing backline betting with enhanced security requirements.

In 2009, consistent with State law changes, the maximum number of gaming tables allowed increased from 12 to 16.

In 2012, again consistent with State law changes, the maximum number of gaming tables allowed increased from 16 to 18.

In 2015, again consistent with State law changes, the maximum number of gaming tables allowed increased from 18 to 20. Other changes included increasing the number of tables that could operate as “Class II” or “Class IA” tables (allowing “backline” betting and other “higher stakes” games) to 15. In consideration of these changes, the Village Club Card Room, managed by Harvey Souza, agreed to increase the quarterly license fees from $5,000 to $7,100 per table. These changes, and others, were requested and granted in anticipation of the Village Card Room moving its operations from 429 Broadway to a new establishment at 271 and 285 Bay Boulevard, now known as the Seven Mile Casino. An Operating Agreement was also entered

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into to implement the license fee increase in consideration of a five-year “vesting” of operations under thenapplicable Gaming Plan regulations.

In 2019, Gaming Plan was amended again, increasing the maximum number of gaming tables from 20 to 26 and increasing the number of players allowed at the 15 “backline” betting tables from 16 to 24 per table. In consideration of these changes, the quarterly license fee per table increased from $7,758 to $9,000 for fiscal year 2019-20, increasing to $9,540 for fiscal year 2020-21, including a conversion to a percentage rate formula upon the opening of a resort hotel on the Bayfront. The operator also received a five-year operating agreement with the option to extend for an additional five years upon the opening of a resort hotel on the Bayfront.

In 2023, changes to State law required amendments to the City’s gaming ordinance and the Gaming Plan in order for Seven Mile Casino to realize the 2019 approval of increased tables. The amendment to the ordinance allowed Seven Mile Casino to hold more than two licenses in one location by clarifying that, upon a licensee’s acquisition of a second license, the two licenses shall be deemed consolidated. Upon acquisition of a third license, the first two licenses continue to remain consolidated, but the third license shall not be consolidated. Upon acquisition of a fourth license, the two sets of licenses shall both be deemed consolidated into two pairs.

History of Village Club Card Room (now Seven Mile Casino) Ownership and Operations The Village Club Card Room operated at 429 Broadway from 1946 until 2015. Harvey Souza managed the business from 1963 to 2015. In 2015, the Village Club Card Room moved its operations to a 20-table cardroom located at 271 and 285 Bay Boulevard. The relocated business was renamed “Seven Mile Casino”.

On March 3, 2015, the City Council approved Resolution 2015-057, ratifying Chief Bejarano’s approval of Stone Chula Vista Holdings, LLC members’ “financial interests” in Village Club Card Room’s license after reviewing their applications and conducting background checks. The Stone Chula Vista Holdings, LLC members were told they would need to re-apply for approval with the Chief of Police if and when they proposed to exercise their option and obtain a direct interest in the cardroom license. In 2016, the Stones South Bay Corp. exercised its option and entered into agreements to purchase 100 percent of Seven Mile Casino from VC Inc., conditioned upon approval of the State Gambling Commission and the City.

In February 2017, the City Attorney’s Office reviewed the transfer and ownership documents in connection with this transaction and found no issues of concern in its review. The Police Department reviewed and approved the Seven Mile Casino security plan, financial interests, experience and expertise to operate a cardroom in accordance with State gaming laws and approved of the transfer.

On March 23, 2017, the State Gambling Commission issued a Temporary State Gambling License to Stones South Bay Corp. and approved the transfer of the interests in Seven Mile Casino from VC Inc. to Stones South Bay Corp. The State Gambling Commission’s approval was preceded by a substantial due diligence review of Stones South Bay Corp. principals including review of the various financial and ownership interests of the principals and entities involved in the transfer, and confirmation of compliance with the Business and Professions Code.

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In 2019, the City Council approved a five-year operating agreement with Seven Mile Casino and in 2025, the City Council approved a one-year operating agreement with Seven Mile Casino with up to four, one-year extensions absent any changes in State law that alter their current business operations.

Ordinance Update
The CGCC has reviewed and approved the City’s ordinance as compliant with the Gambling Control Act 24 times between 2001 and 2023. In the latest State license renewal, the CGCC raised concerns about the City’s Gaming Ordinance and gaming plan for the first time.

The City Attorney’s office prepared amendments to the City’s gaming ordinance (CVMC Chapter 5.20) addressing the concerns raised by the CGCC. These include clarifying that a gambling establishment operating under two consolidated licenses may operate a maximum of 20 tables, and that if four licenses are issued, the maximum number of tables permitted citywide shall be 40. In addition, the proposed revisions incorporate the Gaming Plan, as amended by City Council in December 2023, as an appendix to the Ordinance.

The proposed amendments were submitted to the Bureau for review in compliance with Business and Professions Code section 19961.1 and in light of the restrictions and limitations contained in the Gambling Control Act.

DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).

Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.

CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact as a result of this action.

ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.

ATTACHMENTS

1. CVMC Chapter 5.20 – Redline version

2. Gaming Plan – Redline Version
Staff Contact: Tiffany Allen, City Manager
Roy Sapa’u, Deputy City Manager/Director of Development Services Adrianna Relph, Special Projects & Legislative Manager

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C:\Program Files\eSCRIBE\TEMP\20151064202\20151064202,,,Ordinance.docx ORDINANCE NO.

ORDINANCE OF THE CITY OF CHULA VISTA READOPTING

THE CHULA VISTA GAMING PLAN AS AN APPENDIX TO
CHULA VISTA MUNICIPAL CODE CHAPTER 5.20

GAMBLING
WHEREAS, since 1995, the City has regulated card clubs via ordinances codified in the Chula Vista Municipal Code and via its Gaming Plan, adopted and amended by Resolution; and WHEREAS, the California Gaming Control Commission has asked the City to incorporate its Gaming Plan into its ordinances; and
WHEREAS, the adoption of this ordinance is not a “project” that might impact the physical environment subject to environmental review under the California Environmental Quality Act under State CEQA sections 15061(b)(3) [the “common sense” exemption], Guidelines section 15060(c) and is categorically exempt from such review under State CEQA Guidelines section 15321 [“enforcement actions by regulatory agencies”].

NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:

Section I. Chula Vista Municipal Code Chapter 5.20.001 is hereby amended to read as follows:

5.20.001 Gaming plan adopted by ordinance
In addition to the gaming, and regulatory controls that otherwise exist in relation to gaming, allowed in Chula Vista specifically by this chapter, the City Council is hereby authorized to adopt by ordinance after public hearing, and from time to time amend by ordinance after public hearing, a gaming plan (“Chula Vista gaming plan,” or alternatively “gaming plan”), which gaming plan shall contain such provisions and regulations as the City Council shall deem appropriate, including but not limited to the following:

A. Types of gaming allowed;
B. Hours and days of operations;
C. Location of gaming;
D. Auditing of gaming establishments;
E. Licensing fees or other charges, including charges on a percentage of gross receipts basis, in an amount the Council deems appropriate;
F. Maximum number of players per table;

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Ordinance

G. Bets and wagers permitted;
H. Charges for gaming;
I. Licensing, including number of licensees and consolidation; J. Drinking of intoxicating beverages;
K. Maximum number of tables on premises;
L. Every aspect of operation of gaming establishments.

However, the Chula Vista gaming plan shall not allow any form or type of gaming within the City which is not allowed by law.

Notwithstanding the foregoing, no gaming plan may be approved by the Council without receipt and consideration by the Council, at a public hearing, of the comments and recommendations of the Chief of Police and the City Manager; and no permit or license thereunder may be issued without the concurrence of both the Chief of Police and the City Council. The gaming plan shall have, at a minimum, a provision that requires permits to be issued to specific operators and makes it mandatory that the permit issuing authority is vested in both the Chief of Police and the City Council jointly.

Section II. Chula Vista Municipal Code Chapter 5.20.035 is hereby amended to read as follows:

5.20.035 Consolidation - Permitted
Unless otherwise expanded or provided by the Chula Vista gaming plan, notwithstanding the provisions of CVMC 5.20.160 regarding the maximum number of tables on premises, the City Council may, in their sole discretion, grant additional licenses to a Person having an interest in or holding a license to any cardroom in the City, but then only in accordance with the procedures set forth in this chapter or the Chula Vista gaming plan and only if the total number of licenses issued, including consolidated licenses as two separate licenses, does not exceed the maximum permitted by CVMC 5.20.030 or the Chula Vista gaming plan. Unless otherwise provided by the Chula Vista gaming plan, a Person shall be deemed to have an interest in, or hold, an existing license if said Person is a designated licensee, is presently married to an existing licensee, is the parent or child of an existing licensee, owns shares in a corporation that owns a license or has a partnership interest in a license, owns a partnership interest in a partnership that has a license or owns shares in a corporation that owns a license, or has some other relation to a licensed cardroom as specified in the Chula Vista gaming plan.

Unless otherwise provided by the Chula Vista gaming plan, consolidation occurs whenever a cardroom licensee or a Person having a financial interest in a cardroom obtains a license to operate an additional cardroom or acquires a financial interest in an additional cardroom.

Section III. Chula Vista Municipal Code Chapter 5.20.130 is hereby amended to read as follows:

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Ordinance

5.20.160 Maximum number of tables on premises and in the City.

Unless otherwise allowed by the Chula Vista gaming plan, no more than eight tables shall be permitted at any premises licensed as a cardroom pursuant to this chapter, except that at cardrooms operating under two consolidated licenses, 20 tables shall be permitted.

Under 5.20.030, if four licenses were issued, the maximum number of tables allowed in the Chula Vista would be 40 tables.

Section IV. Repeal
Section 5.20.002 of the Chula Vista Municipal Code, entitled “All California gaming allowed subject to gaming plan” is hereby repealed.

Section 5.20.006 of the Chula Vista Municipal Code, entitled “Characterization of gaming plan” is hereby repealed.

Section V. Readoption of the Chula Vista Gaming Plan
The Chula Vista Gaming Plan, as adopted and amended to date by resolution of the City Council of the City of Chula Vista is hereby readopted by this ordinance as an appendix to Chapter

5.20 of the Chula Vista Municipal Code and shall hereafter be amended by ordinance as permitted by state law and the City Charter.

Section VI. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.

Section VII. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Chula Vista Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it is existed earlier or as the provisions of the Chula Vista Gaming Pan existed earlier, those provisions shall be construed as continuations of those earlier provisions, as not as new enactments.

Section VIII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.

Section IX. Publication

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Ordinance

The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
City Manager City Attorney

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C:\Program Files\eSCRIBE\TEMP\20173974314\20173974314,,,Attachment 1 - Ordinance-CVMC Chapter 5.20 Redline.docx ORDINANCE NO.

ORDINANCE OF THE CITY OF CHULA VISTA READOPTING

THE CHULA VISTA GAMING PLAN AS AN APPENDIX TO
CHULA VISTA MUNICIPAL CODE CHAPTER 5.20

GAMBLING
WHEREAS, since 1995, the City has regulated card clubs via ordinances codified in the Chula Vista Municipal Code and via its Gaming Plan, adopted and amended by Resolution; and WHEREAS, the California Gaming Control Commission has asked the City to incorporate its Gaming Plan into its ordinances; and
WHEREAS, the adoption of this ordinance is not a “project” that might impact the physical environment subject to environmental review under the California Environmental Quality Act under State CEQA sections 15061(b)(3) [the “common sense” exemption], Guidelines section 15060(c) and is categorically exempt from such review under State CEQA Guidelines section 15321 [“enforcement actions by regulatory agencies”].

NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:

Section I. Chula Vista Municipal Code Chapter 5.20.001 is hereby amended to read as follows:

5.20.001 Gaming plan adopted by resolution ordinance
In addition to the gaming, and regulatory controls that otherwise exist in relation to gaming, allowed in Chula Vista specifically by this chapter, the City Council is hereby authorized to adopt by resolution ordinance after public hearing, and from time to time amend by resolution ordinance after public hearing, a gaming plan (“Chula Vista gaming plan,” or alternatively “gaming plan”), which gaming plan shall contain such provisions and regulations as the City Council shall deem appropriate, including but not limited to the following:

A. Types of gaming allowed, including but not limited to card games, on-site horse and dog wagering, sports book, casino games, video gambling, etc.; B. Hours and days of operations;
C. Location of gaming;
D. Auditing of gaming establishments;
E. Licensing fees or other charges, including charges on a percentage of gross receipts basis, in an amount the Council deems appropriate;
F. Maximum number of players per table;

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Ordinance

G. Bets and wagers permitted;
H. Charges for gaming;
I. Licensing, including number of licensees and consolidation; J. Drinking of intoxicating beverages;
K. Maximum number of tables on premises;
L. Every aspect of operation of gaming establishments.

However, the Chula Vista gaming plan shall not allow any form or type of gaming within the City which is not allowed at least at one other location anywhere within the state of California, or federal or Native American enclave or reservation located within the jurisdictional boundaries of the state by law.

Notwithstanding the foregoing, no gaming plan may be approved by the Council without receipt and consideration by the Council, at a public hearing, of the comments and recommendations of the Chief of Police and the City Manager; and no permit or license thereunder may be issued without the concurrence of both the Chief of Police and the City Council. The gaming plan shall have, at a minimum, a provision that requires permits to be issued to specific operators and makes it mandatory that the permit issuing authority is vested in both the Chief of Police and the City Council jointly.

Section II. Chula Vista Municipal Code Chapter 5.20.035 is hereby amended to read as follows:

5.20.035 Consolidation - Permitted
Unless otherwise expanded or provided by the Chula Vista gaming plan, notwithstanding the provisions of CVMC 5.20.160 regarding the maximum number of tables on premises, the City Council may, in their sole discretion, grant additional licenses to a Person having an interest in or holding a license to any cardroom in the City, but then only in accordance with the procedures set forth in this chapter or the Chula Vista gaming plan and only if the total number of licenses issued, including consolidated licenses as two separate licenses, does not exceed the maximum permitted by CVMC 5.20.030 or the Chula Vista gaming plan. If such application for an additional single license is granted, the maximum number of tables permitted in the consolidation of two licenses is 12, unless otherwise provided by the Chula Vista gaming plan. Unless otherwise provided by the Chula Vista gaming plan, a Person shall be deemed to have an interest in, or hold, an existing license if said Person is a designated licensee, is presently married to an existing licensee, is the parent or child of an existing licensee, owns shares in a corporation that owns a license or has a partnership interest in a license, owns a partnership interest in a partnership that has a license or owns shares in a corporation that owns a license, or has some other relation to a licensed cardroom as specified in the Chula Vista gaming plan.

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Ordinance

Unless otherwise provided by the Chula Vista gaming plan, consolidation occurs whenever a cardroom licensee or a Person having a financial interest in a cardroom obtains a license to operate an additional cardroom or acquires a financial interest in an additional cardroom.

Section III. Chula Vista Municipal Code Chapter 5.20.130 is hereby amended to read as follows:

5.20.160 Maximum number of tables on premises and in the City.

Unless otherwise allowed by the Chula Vista gaming plan, no more than eight tables shall be permitted at any premises licensed as a cardroom pursuant to this chapter, except that at cardrooms operating under two consolidated licenses, 12 20 tables shall be permitted., and said playing area shall be located on the ground floor and the tables shall be arranged so that the playing surface of each table shall be visible from the sidewalk or public walk immediately adjacent to the cardroom, unless otherwise allowed by the Chula Vista gaming plan. The holder of a cardroom license may appeal the visibility requirement to the Zoning Administrator.

Under 5.20.030, if four licenses were issued, the maximum number of tables allowed in the Chula Vista would be 40 tables.

Section IV. Repeal
Section 5.20.002 of the Chula Vista Municipal Code, entitled “All California gaming allowed subject to gaming plan” is hereby repealed.

Section 5.20.006 of the Chula Vista Municipal Code, entitled “Characterization of gaming plan” is hereby repealed.

Section V. Readoption of the Chula Vista Gaming Plan
The Chula Vista Gaming Plan, as adopted and amended to date by resolution of the City Council of the City of Chula Vista is hereby readopted by this ordinance as an appendix to Chapter

5.20 of the Chula Vista Municipal Code and shall hereafter be amended by ordinance as permitted by state law and the City Charter.

Section VI. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.

Section VII. Construction

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Ordinance

The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Chula Vista Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it is existed earlier or as the provisions of the Chula Vista Gaming Pan existed earlier, those provisions shall be construed as continuations of those earlier provisions, as not as new enactments.

Section VIII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.

Section IX. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
City Manager City Attorney

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1 CHULA VISTA GAMING PLAN
[Adopted November 14, 2023]
In accordance with Chapter 5.20 of the Chula Vista Municipal Code {the "Gaming Code"), this document shall serve as the gaming plan for the operation of Cardrooms within the City of Chula Vista {the "Gaming Plan"). This Gaming Plan was originally adopted on February 13, 1996, after a public hearing, pursuant to city council Resolution No. 18212. The Gaming Plan has been amended as follows: {l) on January 13, 1998 pursuant to Resolution No. 18862; {2) on November 10, 1998 pursuant to Resolution No. 19251; {3) on September 26, 2000, pursuant to Resolution No. 2000-332; {4) on October 6, 2009, pursuant to Resolution No. 2009-238; {5) on March 14, 2012, pursuant to Resolution No. 2012-047; {6) on March 3, 2015, pursuant to Resolution No. 2015-056; (7) on April 11, 2017, pursuant to Resolution No. 2017-0128, and (8) on July 23, 2019, pursuant to Resolution No. 2019-143, and (9) on November 14, 2023. The modifications contained in such amendments shall be deemed effective as of the dates of their adoption.

Effective upon its adoption, this Gaming Plan implements, in its entirety, Subchapter 2 of the Gaming Code relating to Cardrooms. Pursuant to Subchapter 1, Section 5.20.004, of the Gaming Code any inconsistency between the Gaming Code and the Gaming Plan shall be governed by the provisions of the Gaming Plan. Except to the extent that this Gaming Plan expressly modifies or is otherwise inconsistent with the Gaming Code, the Gaming Code shall remain in full force and effect.

This Gaming Plan is intended to deal only with the subject of Cardrooms. No other types of gaming permitted by the Gaming Code, shall be governed hereby. To be permitted, such other types of gaming must be the subject of further action by resolution of the City Council to amend or add to this Gaming Plan.

This version of the Gaming Plan is adopted and effective as of November 14, 2023 ________pursuant to City Council Resolution Ordinance No.__________.

CARDROOMS

1. Cardroom Defined.

For the purpose of this Gaming Plan, a "cardroom" is defined to be any space, room, or enclosure furnished or equipped with a table or tables used or intended to be used, either exclusively or in conjunction with another business or activity, as a card table for the playing of cards and similar games, and the use of which is available to the public.

2. Licensing.

2.1 License Required to Operate Cardroom - Individual Licensees Must be 21 Years or Older.

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2 A license from the City issued pursuant to this Gaming Plan, is required for any person, group of persons, partnership, corporation, or any other entity or organization (each a "Person" hereinafter] to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, any cardroom in the City. Any such activity conducted without such a license, or otherwise in non-compliance with the terms of this Gaming Plan, the Gaming Code, or any and all other applicable federal, state and local laws and regulations shall be unlawful. No license shall be issued to any individual Person under the age of twenty-one years.

2.2 Number of Licenses Permitted - Existing Licenses.

The number of licenses authorized to be issued or held, in the aggregate, under the provisions of this Gaming Plan shall be limited, based upon the population of the City according to the certified determination thereof by the state department of finance. All such licenses shall be issued and held in accordance with the provisions of this Gaming Plan; provided, however, any Person holding a license or licenses to conduct cardroom operation upon the effective date of this Gaming Plan may continue to hold such license or licenses subject to the terms and conditions set forth herein. For purposes of determining the number of licenses which are authorized to be issued by the City hereunder, any two licenses which are "consolidated" pursuant to Section 2.6 hereof shall still be treated as being two separate licenses counted against the total number authorized under state law, and shall be entitled to all rights, benefits, and restrictions as if the licenses were held separately, both under state law and the terms of this Gaming Plan.

2.3 Two Types of Gaming Classifications.

2.3.1 In General. There shall be two types of cardroom licenses: Category I and Category II. The characteristics, rights, obligations and limitations attributable, respectively, to a Category I or Category II licenses are set forth throughout this Gaming Plan. Subject to all such provisions, in general,
(a) a Category I license shall permit the playing of all games available for licensure through the Office of the Attorney General, except games involving "back-line" betting; and
(b) a Category II license shall permit the playing of all games permitted under a Category I license and shall also permit games involving back-line betting. "Backline" betting card games are card games which allow a player not seated at a cardroom table, but standing adjacent to the table, to bet on a hand being played by a player seated at that table. Subject to state and local law, multiple "back-line" betters may be allowed to participate in any one game.

2.3.2 All licenses issued by the City shall initially be Category I licenses. In order to obtain a Category II license, the applicant (a) must have continuously operated

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3 a cardroom that plays Category I games for a period of three (3) years; and (b) must apply with the City and receive prior approval from the City for such conversion in accordance with the application procedures set forth in Section 2.4 hereof, below.

2.4 Application/Issuance Procedure.

2.4.1 In General. Any Person desiring a cardroom license must submit an application to the chief of police. The application shall be on a form issued by, or otherwise approved in advance by, the chief of police. Such application shall include, in addition to any other information required by the chief of police, (a) the true names and addresses of any and all Persons currently, or contemplated to have a "financial interest" in the cardroom operation proposed to be licensed; (b) the past criminal record, if any, of any and all such Persons; (c) the fingerprints of any and all such Persons; (d) the proposed location of the cardroom; and (e) a non-refundable fee, as presently designated, or as may in the future be amended, in the Master Fee Schedule, to cover the cost of processing the application and of any required investigation of the applicant. Upon the issuance of a cardroom license, the chief of police may authorize the refund of the investigation portion of the application fee to any Persons who were not subject to investigations.

2.4.2 Approval Required. Any and all proposed cardroom licensees must receive (a) prior written approval of the chief of police, which approval may be withheld in the sole discretion of the chief of police, (b) approval by the State of California Division of Gambling Control; and (c) the ratification of the City Council, which ratification may be withheld in the sole discretion of the City Council. Such approval and/or ratification may be conditioned as the acting parties deem appropriate, and may be based, but is not required to be based, entirely or in part on the assessment by the chief of police or, as applicable, the City Council, of the character of the proposed licensee, or on the opinion of the approving or ratifying entity, that there appears to be good cause why such Person should or should not operate a cardroom. Notwithstanding the foregoing in the event of a transfer directly caused by the death or divorce of a Person holding a financial interest in a license, the "prior approval" requirement, above, shall be amended to require that approval of the resulting transferee be obtained by no later than sixty (60) days following the death or divorce causing such transfer. The time limit may be extended provided the resulting transferee has submitted its application and such additional information as may have been requested with the licensing authorities in a timely fashion.

2.4.3 For purposes of this Section 2.4 and the Gaming Plan, the term "financial interest" shall mean any and all direct or indirect ownership, creditor or other interests, in a cardroom license, the cardroom business operated thereunder, the assets thereof, or the revenues generated thereby.

2.4.3.1 Such an interest shall include, without limitation, any and all interests held by building owners, landlords, tenants, equipment or fixtures owners, lessors or lessees, creditors, lenders or guarantors related in any way to the ownership, financing or operation of the cardroom; and (b) a parent, spouse, sibling or child of an

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4 individual Person holding a direct, majority or controlling ownership interest in a license or cardroom shall also be deemed the holder of a "financial interest" for purposes of this Section and this Gaming Plan.

2.4.3.2 The City shall decide, in its sole discretion, whether a particular circumstance or transaction falls within the scope of the definition of a "financial interest" that requires submission of an application to the chief of police and approval by the Council for separate licensure.

2.4.4 Any new or revoked cardroom license otherwise qualified for issuance may be issued during the period of May 1 through June 30 following the availability or revocation date of such a license. After the expiration of this period no further licenses shall be issued until the following May 1 through June 30 period. In the event that there are applications in excess of the number of licenses available in accordance with the limitations set forth in Section 2.2 hereof, a license may be issued to the most qualified of such applicants in accordance with a procedure established by the City. Notwithstanding the foregoing, the City shall decide, in its sole discretion, as to whether to issue any cardroom license authorized hereunder, and whether or how to condition such an issuance; furthermore, the City reserves the right, for any reason whatsoever, to reject any and all applications for a cardroom license hereunder.

2.5 Transfers.

2.5.1 In General. Any license issued pursuant to this Gaming Plan, a cardroom operated thereunder, or any direct or indirect interest therein, may only be transferred in accordance with the terms and conditions of this Section 2.5. Transfers governed by this section shall include, without limitation, any and all sales, leases, conveyances, assignments, grants, pledges, gifts, devises, donations and/or similar transfers by a Person of any or all of such Persons, direct or indirect, ownership interest in a license or cardroom operated thereunder, or "financial interest" in a license or cardroom operated thereunder, as such concept is defined in Section 2.4.3 hereof.

2.5.1.1 Such transfers shall include, without limitation, (a) a transfer of all or any shares by a shareholder in a corporate licensee; (b) the transfer of all or any partnership interest by a partner in a partnership licensee; (c) the transfer of all or any portion of a controlling shareholder or partnership interest in an entity which itself holds a direct or indirect ownership or financial interest in a license or cardroom; and (d) a transfer of a substantial portion of the assets of a Person holding a license or a cardroom operated thereunder.

2.5.1.2 Such transfers shall not include (a) corporate structure reorganization where the individuals involved in the ownership and their respective percentage interests do not change; (b) transfer of ownership interest for estate planning purposes where the trustee is the same as the current licensed owner; or (c) such other situation that is similar to those described above that the City deems to be immaterial.