City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH CHEN RYAN ASSOCIATES, INC.
TO PROVIDE PROFESSIONAL ENGINEERING SERVICES
This Agreement is entered into effective as of July 28, 2026 (“ Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“ City”) and Chen Ryan Associates, Inc., A California Corporation Consultant”) ( collectively, the “ Parties” and, individually, a “ Party”) with reference to the following facts:
RECITALS
WHEREAS, the City of Chula Vista Capital Improvement Program (“ CIP”) Project STL0464 (“ Project”) requires professional engineering services for the design and construction support for street and sidewalk improvements for the F Street Promenade corridor, from Bay Boulevard to Broadway; and WHEREAS, the Project is eligible for funding through the Federal Active Transportation Program ATP”), through the California Department of Transportation Division of Local Assistance (“ Caltrans”); and WHEREAS, the City requires Professional Engineering Services in order to design the Project and ensure compliance with requirements associated with ATP grant funding administered by Caltrans; and WHEREAS, in order to procure these services and in order to use approved ATP funds for this work, on October 24, 2025, the City solicited a Request for Qualifications (“ RFQ”) for Professional Engineering Services in accordance with the Caltrans Local Assistance Procedures Manual (“ LAPM”) Chapter 10; and WHEREAS, the City received seven ( 7) Statements of Qualifications from engineering consulting firms; and
WHEREAS, the City formed a Consultant Selection Committee (“ Committee”) that included the contract administrator and subject matter experts from the Project’ s functional areas; and WHEREAS, the Committee reviewed and evaluated the Statements of Qualifications and three (3) firms were selected for interviews January 28, 2026; and
WHEREAS, after the interviews of three ( 3) firms, the Committee has determined Chen Ryan Associates, Inc. as the most qualified proposer; and
WHEREAS, Staff recommends award of a contract to Chen Ryan Associates, Inc. to provide services required for the Project which include preliminary engineering, environmental analysis, and final design engineering plans, specifications, estimates and bid quantities, bidding, construction, and closeout support for the Project; and
WHEREAS, this Agreement is subject to Prevailing Wages and the City’ s Project Labor Agreement; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement.
End of Recitals. Next Page Starts Obligatory Provisions.] City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “ Deliverables” ( if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/ or Deliverables described in Exhibit A shall be referred to herein as the “ Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’ s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“ Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “ Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant ofresponsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code, and the Caltrans Local Assistance Procedures Manual Exhibit 10-R which is attached and incorporated herein as Exhibit H. Should any language in the LAPM conflict with this Agreement, the more stringent provision will control.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City.
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’ s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’ s responsibilities as set forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’ s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
1.11 Prevailing Wage Compliance. Consultant and subcontractors shall comply with the state of California’ s prevailing wage requirements in accordance with California Labor Code, and all Federal, State, and local laws and ordinances applicable to persons employed by them for public works in a covered work classification. The City has ascertained that general prevailing wage rates may be applicable to all or a portion of the work to be performed for the Required Services. This includes work performed during the design and preconstruction phases of construction including, but not limited to Construction/ Building Inspectors, Land Surveying, and Field Soils and Material Testers. When payment of prevailing wages applies to the Required Services the wage rates shall be reimbursed at the minimum rates set by the State of California’ s Department of Industrial Relations ( DIR). The DIR’ s prevailing wage determinations are available online at https:// www.dir.ca.gov/OPRL/ PWD/. Consultant and its subcontractors shall post a copy of the prevailing rates of wages at each applicable job site and shall make them available to any interested party upon request. The date of the City’ s request for a cost proposal for a task order under this Agreement shall be used to determine which published prevailing wage rate applies to the task order. All published wage rates and all predetermined wage rate increases known at the date of the City’ s request for a cost proposal shall apply.
1.12 Department of Industrial Relations ( DIR) Registration. Pursuant to Labor Code Section 1725. 5, the City requires, as applicable, Consultant and subcontractors of any tier to be registered with the DIR for the term of this Agreement.
1.13 Project Labor Agreement. Consultant and subcontractors, regardless of tier, performing any work under this Agreement as defined by California Labor Code section 1720, shall abide by the terms and requirements identified in the attached Exhibit E, Project Labor Agreement ( PLA), incorporated into the Agreement by this reference. These terms and requirements include but are not limited to the following:
a. Letter of Assent. Consultant and subcontractors agree to be bound by the PLA by submitting a Letter of Assent ( PLA Exhibit A) to the City’ s Project Labor Coordinator. Consultant shall submit its Letter of Assent as a condition of Agreement award and all applicable subcontractors shall submit their Letters of Assent before starting any covered work on a project.
b. Pre- Job Conference. Consultant and subcontractors shall conduct a pre-job conference with the applicable Union( s) at least 14 calendar days before starting any covered work. Consultant is responsible for facilitating and scheduling its own pre-job conference and for facilitating, scheduling, and ensuring that all applicable subcontractors conduct a pre-job conference.
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 Certified Payroll Records. Consultant and subcontractors shall submit weekly certified payroll records including but not limited to a Statement of Compliance signed under penalty of perjury, reflecting the wages of all employees engaged in the work, using the City’ s web- based labor compliance software.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount( s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty ( 30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’ s discretion, invoices not timely submitted may be subject to a penalty of up to five percent ( 5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent ( 10%) of the amount due for Required Services detailed on each invoice ( the “ holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’ s out- of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out- of-pocket costs incurred by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount( s) provided for in Exhibit A. City shall also not be responsible for any cost: ( a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference the “ Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self- Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’ s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ( LESLI) with a current A.M. Best’ s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub- Consultants/ sub- contractors as insureds under its policies and/ or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub- Consultants must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’ s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’ s insurance using ISO CG 2010 ( 11/85) or its equivalent; such endorsement must not exclude Products/ Completed Operations coverage.
3.6 General Liability Coverage to be “ Primary.” Consultant’ s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage( s).
3.8 Waiver of Subrogation. Consultant’ s insurer( s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words will endeavor” and “ but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications.
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/ or Asbestos Pollution Liability and/ or Errors & Omissions coverage are required and are provided on a claims- made form, the following requirements also apply:
a. The “ Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five ( 5) years after completion of the work required by this Agreement. c. If coverage is canceled or non- renewed, and not replaced with another claims- made policy form with a “ Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “ extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’ s obligations under this Agreement, including Indemnity.
1.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers ( collectively, “ Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, ( including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782. 8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782. 8.
4.3 Costs of Defense and Award. Included in Consultant’ s obligations under this Section 4 is Consultant’ s obligation to defend, at Consultant’ s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them.
4.4. Consultant’ s Obligations Not Limited or Modified. Consultant’ s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’ s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’ s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’ s obligations under this Section 4.
4.6 Survival. Consultant’ s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’ s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability.
5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $ 500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement ( each a “ Default”), in addition to any and all other City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’ s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten ( 10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ” Work Product” ( defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’ s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’ s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen ( 15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” ( defined in Section 7 below) to City. Such Work Product shall be City' s sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/ suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’ s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “ For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services ( collectively “ Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’ s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’ s prior written consent, which City may grant, condition or deny in its sole discretion.
8.3 Authority. The person( s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three ( 3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of subcontractors/ sub- Consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’ s officers, employees, or agents (“ Consultant Related City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker' s compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633. 1 to 1633. 17) as amended from time to time.
End of page. Next page is signature page.)
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
CITY OF CHULA VISTA
BY: ________________________________
TIFFANY ALLEN
CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice A. City Contract Administration:
Nolan Huelsman, P.E.
276 4th Avenue, Chula Vista, CA 91910
619) 409- 5976
nhuelsman@chulavistaca. gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619- 691- 5037
CityAttorney@chulavistaca. gov
B. Consultant Contract Administration:
Chen Ryan Associates, Inc.
3900 Fifth Avenue, Suite 310, San Diego, CA 92103
619) 549- 5076
bgarretson@cramobility. com
For Legal Notice Copy to:
Chen Ryan Associates, Inc.
3900 Fifth Avenue, Suite 310, San Diego, CA 92103
619) 549- 5076
[email protected]
2. Required Services
A. General Description:
Preliminary Engineering, Environmental Analysis and Clearance ( PA& ED), Final Design ( PS& E), and Design Support during Construction for F Street Promenade Phase 1 (Bay Boulevard to Broadway) B. Detailed Description:
The Project consists of proposed street and sidewalk improvements for the F Street Promenade corridor, from Bay Boulevard to Broadway. The project 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. Per the City’ s initial grant application and F Street Promenade Streetscape Master Plan ( see Attachment 1), a traffic roundabout was proposed at the intersection of F Street and Bay Boulevard to improve traffic flow and connect to the Bayshore Bikeway, Sweetwater Bicycle Path and Promenade via westbound Lagoon Drive. However, as part of the project’ s scope, the Consultant shall conduct a traffic analysis to determine intersection control at the F Street and Bay Boulevard intersection based on the recent Bayfront redevelopment project and the current circulation conditions.
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 The proposed improvements will be Phase 1 of the F Street Promenade Streetscape Master Plan ( dated January 2018). Ultimately the project will connect the City’ s downtown Third Avenue Village, Civic Center, unused railroad bridge over I-5, regional Bayshore Bikeway, Bayside Park, and Bayfront development.
See attached Exhibit F for detailed scope of services.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 28, 2026 and end on December 27, 2030 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below:
See attached Exhibit G for Applicable Hourly Rates.
B. Reimbursement of Costs
Invoiced or agreed- upon amounts as identified in Exhibit G.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 27, 2030 shall not exceed $ 2,023, 901.70.
5. Special Provisions:
Permitted Sub- Consultants:
AirX Utility Surveyors, Inc.
Alyson Consulting
Ardurra
Clark Land Resources
Graphic Solutions
Helix Environmental Planning
Roundabotix
Schmidt Design Group
TY Lin
Verdantas
Vista Environmental Consulting
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes ( x).
Type of Insurance Minimum Amount Form
General Liability:
Including products and
completed operations,
personal and
advertising injury
2,000, 000 per occurrence for
bodily injury, personal injury
including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
Must be primary and must not
exclude Products/ Completed
Operations
Automobile Liability $ 1,000,000 per accident for bodily injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers’
Compensation
Employer’ s Liability
1,000, 000 each accident
1,000, 000 disease policy limit
1,000, 000 disease each employee
Waiver of Recovery Endorsement
Professional Liability
Errors & Omissions)
1,000, 000 each occurrence
2,000, 000 aggregate
Other Negotiated Insurance Terms: NONE
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code 2 (“ Code”) require designated state and local government officials, including some Consultants, to make certain public disclosures using a Statement of Economic Interests form ( Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Consultants designated to file the Form 700 are also required to comply with certain ethics training requirements. 3
A. Consultant will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure.
B. Consultant WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL( S) ASSIGNED TO PROVIDE SERVICES Category descriptions available at www. chulavistaca. gov/ departments/ city-clerk/ conflict- of-interest- code .) Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address( es) A. Full Disclosure
B. Limited Disclosure ( select one or more of
the categories under which the Contractor shall
file):
1. 2. 3. 4. 5. 6. 7.
Justification:
C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed withthe Office ofthe City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at ( 619) 691- 5041, or the FPPC at 1-866-ASK- FPPC, or 866) 275- 3772 * 2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’ s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: José Serrato
1 Cal. Gov. Code §§ 81000 et seq.; FPPC Regs. 18700. 3 and 18704. 2 Chula Vista Municipal Code §§ 2.02.010- 2.02.040.
3 Cal. Gov. Code §§ 53234, et seq.
4 CA FPPC Adv. A-15- 147 ( Chadwick) ( 2015); Davis v. Fresno Unified School District ( 2015) 237 Cal.App. 4th 261; FPPC Reg. 18700. 3 (Consultant defined as an “ individual” who participates in making a governmental decision; “ individual” does not include corporation or limited liability company).
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer5 (“ Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $ 500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract.
The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $ 50,000; contracts where no party receives financial compensation; or contracts between two or more agencies.
A. The Levine Act (Govt. Code § 84308) DOES NOT apply to this Agreement.
B. The Levine Act ( Govt. Code § 84308) does apply to this Agreement and the required disclosure is as follows:
Current Officers can be located on the City of Chula Vista’ s websites below:
Mayor & Council - https:// www. chulavistaca. gov/ departments/ mayor- council City Attorney - https:// www. chulavistaca. gov/ departments/ city-attorney/ about- us Planning Commissioners – www. chulavistaca. gov/ pc
Candidate for Elected Office – www. chulavistaca. gov/ elections
1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: If yes, which Officer( s): Click or tap here to enter text.
NO:
2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement?
YES: If yes, which Officer( s): Click or tap here to enter text.
NO:
Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer( s) from participating in any actions related to the Agreement.
5 “ Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
EXHIBIT E
PROJECT LABOR AGREEMENT
PROJECT LABOR AGREEMENT
by and among
THE CITY OF CHULA VISTA,
a California charter city and municipal corporation,
and
THE SAN DIEGO COUNTY
BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO
and
THE SIGNATORY CRAFT COUNCILS AND LOCAL UNIONS
SIGNING THIS AGREEMENT
Effective April 15, 2025
ACN 2025- 278
R2025- 056
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 i
TABLE OF CONTENTS
Page
Article 1. Definitions .......................................................................................................................... 2 Article 2. Scope of the Agreement ...................................................................................................... 4
2.1 General ................................................................................................................... 4
2.2 Funding-Based Exception ...................................................................................... 4
2.3 Included Work ....................................................................................................... 5
2.4 Excluded Work ...................................................................................................... 6
2.5 Awarding of Contracts ........................................................................................... 7
2.6 Master Labor Agreements ..................................................................................... 8
2.7 Instrument Calibration and Loop Checking Exception.......................................... 9 Article 3. Duration and Applicability of Agreement .......................................................................... 9
3.1 Duration ................................................................................................................. 9
3.2 Limits to Applicability ........................................................................................... 9
3.3 Binding on Signatories Only .................................................................................. 9
3.4 Other City Work .................................................................................................... 9
3.5 Completed Covered Projects ................................................................................. 9
3.6 Final Termination .................................................................................................. 9 Article 4. Union Recognition and Employment ................................................................................ 10
4.1 Recognition .......................................................................................................... 10
4.2 Contractor Selection of Employees ..................................................................... 10
4.3 Referral Procedures .............................................................................................. 10 Article 5. Equal Employment Opportunity and Nondiscrimination ................................................. 10
5.1 Nondiscrimination in Referral, Employment, and Contracting ........................... 10
5.2 Disabled Veterans and Small Business Enterprise Program ................................ 11
5.3 Core Employees ................................................................................................... 11
5.4 Employment of Local Hires and Disadvantaged Workers ................................... 12
5.5 Time for Referral ................................................................................................. 13
5.6 Lack of Referral Procedure .................................................................................. 13
5.7 City to Monitor Compliance ................................................................................ 13
5.8 Union Membership .............................................................................................. 13
5.9 Foremen ............................................................................................................... 14
5.10 Skilled and Trained Workforce ............................................................................ 14 Article 6. Union Access and Stewards .............................................................................................. 14
6.1 Access to Covered Project Sites .......................................................................... 14
6.2 Stewards ............................................................................................................... 14
6.3 Steward Layoff/Discharge ................................................................................... 15
6.4 Employees on Non-Covered Projects .................................................................. 15 Article 7. Wages and Benefits .......................................................................................................... 15
7.1 Wages .................................................................................................................. 15
7.2 Benefits ................................................................................................................ 15
7.3 Wage Premiums ................................................................................................... 16
7.4 Compliance with Prevailing Wage Laws ............................................................. 16 Article 8. Work Stoppages and Lockouts ......................................................................................... 16
8.1 No Work Stoppages or Disruptive Activity ......................................................... 16
8.2 Employee Violations............................................................................................ 17 Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 ii
8.3 Standing to Enforce ............................................................................................. 17
8.4 Expiration of Master Labor Agreements ............................................................. 17
8.5 No Lockouts ......................................................................................................... 17
8.6 Best Efforts to End Violations ............................................................................. 17
8.7 Arbitration Procedure .......................................................................................... 18
8.8 Liquidated Damages ............................................................................................ 19
8.9 Payroll and Benefit Delinquencies....................................................................... 20 Article 9 Work Assignments and Jurisdictional Disputes................................................................ 21
9.1 No Jobsite Disruption .......................................................................................... 21
9.2 Jurisdictional Disputes ......................................................................................... 21
9.3 Failure to Comply ................................................................................................ 21
9.4 Pre-Job Conference .............................................................................................. 21 Article 10 Management Rights .......................................................................................................... 21
10.1 Contractor and City Rights .................................................................................. 21
10.2 Specific City Rights ............................................................................................. 22
10.3 Use of Materials ................................................................................................... 22
10.4 Special Equipment, Warranties, and Guaranties .................................................. 22 Article 11 Grievances and Disputes ................................................................................................... 23
11.1 Cooperation and Harmony on Covered Project Sites .......................................... 23
11.2 Processing Grievances ......................................................................................... 23
11.3 Limitations on Use of Procedures ........................................................................ 25
11.4 Notice ................................................................................................................... 25 Article 12 Compliance ....................................................................................................................... 25
12.1 Compliance with All Laws .................................................................................. 25 Article 13 Safety and Protection of Person and Property .................................................................. 25
13.1 Safety ................................................................................................................... 25
13.2 Drug and Alcohol Testing Policy ........................................................................ 25
13.3 Inspection ............................................................................................................. 25 Article 14 Travel, Subsistence, and Parking ...................................................................................... 25
14.1 Applicability ........................................................................................................ 25 Article 15 Apprentices ....................................................................................................................... 26
15.1 Importance of Training ........................................................................................ 26
15.2 Use of Apprentices............................................................................................... 26 Article 16 Work Opportunities Program ............................................................................................ 26
16.1 Intent .................................................................................................................... 26 Article 17 Helmets to Hardhats .......................................................................................................... 27
17.1 Veterans Entry into Building and Construction Trades ....................................... 27
17.2 Integrated Database .............................................................................................. 27 Article 18 Pre-Job Conference ........................................................................................................... 27
18.1 Pre-Job Conference Required .............................................................................. 27
18.2 Failure to Conduct ............................................................................................... 28
18.3 Project Labor Coordinator Participation .............................................................. 28 Article 19 Labor/Management and Cooperation ............................................................................... 28
19.1 Labor/Management Collaboration Meetings ....................................................... 28 Article 20 Legal Action ..................................................................................................................... 28
20.1 Legal Action ........................................................................................................ 28 Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 iii
Article 21 Savings and Severability ................................................................................................... 29
21.1 Savings Clause ..................................................................................................... 29
21.2 Effect of Injunctions or Other Court Orders ........................................................ 29 Article 22 Waiver ............................................................................................................................. 29
22.1 Waiver .................................................................................................................. 29 Article 23 Amendments ..................................................................................................................... 29
23.1 Amendments ........................................................................................................ 29 Article 24 Miscellaneous Provisions ................................................................................................. 29
24.1 Construction ......................................................................................................... 29 Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 1 PROJECT LABOR AGREEMENT
This PROJECT LABOR AGREEMENT (“PLA” or the “Agreement”) is entered into by and between the City of Chula Vista, a chartered municipal corporation (the “ City”), the San Diego County Building and Construction Trades Council, AFL-CIO (the “ Trades Council”), and the signatory Craft Unions (the “ Union(s)”) ( each a “ Party”, together, the “ Parties”), effective as of this 15th day of April, 2025 (the “ Effective Date”).
RECITALS
A. WHEREAS, the City spends approximately $45 million, on average, each year on public works capital improvement projects (“ CIPs”) critical to the safety, economic sustainability, and quality of life of its residents; and
B. WHEREAS, the City’s public works CIPs typically incur construction costs between 150,000 and $5,000,000; and
C. WHEREAS, each year, the City enters intoapproximately 5 public works CIP construction contracts with a construction cost of $1,000,000 or more at the time of award (the “ Covered Projects”); and
D. WHEREAS, City desires the completion of the Covered Projects in a professional, safe, efficient, and economical manner, without undue delay or work stoppages; and E. WHEREAS, thesuccessful completion ofthe Covered Projects is oftheutmost importance to the City; and
F. WHEREAS, large numbers of workers of various skills will be required intheperformance of the construction work on the Covered Projects, including workers affiliated with and/or represented by the Unions; and
G. WHEREAS, it is recognized that on construction projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and H. WHEREAS, the Parties agree that by establishing and stabilizing wages, hours, and working conditions for the workers employed on the Covered Projects, a satisfactory, continuous, and harmonious relationship will exist among labor and management that will lead to the efficient and economical completion of the Covered Projects; and
I. WHEREAS, in recognition of the special needs of the Covered Projects and to maintain a spirit of harmony, cooperative labor-management relations, peace, and stability during the term of this Agreement, the Parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes, and grievances without any strikes, slowdowns, work interruptions, or disruptions of the Covered Projects, and the Contractors agree not to engage in any lockout; and J. WHEREAS, the City places high priority on the development of comprehensive programs for the recruitment, training, and employment of disadvantaged workers and recognizes the ability of Apprenticeship Programs to provide meaningful and sustainable careers in the building and construction Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 2 industry. The Parties will encourage Local Residents and Disadvantaged Workers to participate in Covered Projects through programs and procedures jointly developed to prepare and encourage such individuals for entranceinto Apprenticeship Programs and formal employment onthe Covered Projects through thereferral programs sponsored and/or supported by the Parties to this Agreement; and K. WHEREAS, it is further understood that the City shall administer and enforce the obligations of this Agreement to ensure that the benefits of this Agreement flow to all signatory Parties, craft persons working under it, and Local Residents.
AGREEMENT
NOW THEREFORE, in consideration of the above Recitals, and the covenants contained herein, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
Unless the context otherwise requires, the terms defined in this Article 1 shall, for all purposes of this Agreement, have the meanings herein specified, to be equally applicable to both the singular and plural forms of any of the terms herein defined.
1.1 Agreement. “ Agreement” shall have the meaning given to such term in the preamble.
1.2 Applicable Prevailing Wage Laws. “ Applicable Prevailing Wage Laws” means the prevailing wage laws, regulations, and determinations applicable to a Covered Project pursuant to the State of California Labor Code and/or the Davis-Bacon Act and related federal laws.
1.3 Apprentice. “ Apprentice” means a craft employee registered and participating in an Apprenticeship Program for the entire time they are employed on a Covered Project.
1.4 Apprenticeship Program. “Apprenticeship Program” means an apprenticeship program (i) approved by the State of California’ s Division of Apprenticeship Standards; ( ii) registered with the U.S.
Department of Labor; or (iii) registered with a State Apprenticeship Agency granted authority by the U.S.
Department of Labor to register apprenticeship programs for federal purposes, pursuant to 29 CFR Part 29.
1.5 Building and Construction Trades Department. “ Building and Construction Trades Department” means the Building and Construction Trades Department of the American Federation of Labor-Congress of International Industrial Organizations.
1.6 Center. “ Center” means the Center for Military Recruitment, Assessment and Veterans Employment, a 501(c)3 nonprofit organization.
1.7 City. “City” shall have the meaning given to such term in the preamble.
1.8 City Manager. “ City Manager” means the City Manager of the City of Chula Vista, or designee.
1.9 Contractor. “ Contractor” means any individual, firm, partnership, corporation, owner operator, consultant, or combination thereof, including joint ventures, which has entered into a Covered Contract, including the Prime Contractor and subcontractors of any tier, performing Covered Work.
1.10 Cooperative Purchasing Agreement. “ Cooperative Purchasing Agreement” means a contract, arrangement or agreement to purchase supplies, equipment or services through a cooperative purchasing program with the state of California, the County of San Diego, the City of San Diego, or any Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 3 other public agency, including a joint exercise of powers authority, school district, or water authority within the United States; provided that such items are purchased through a competitive process that the City’s Purchasing Agent determines to be consistent with good purchasing practices, as authorized by Chula Vista Municipal Code Section 2.56.140.
1.11 Core Employee. “ Core Employee” means an employee of a Contractor that is not a Union member.
1.12 Covered Contract. “ Covered Contract” means a prime contract or subcontract awarded for performance of the Covered Work, or an individual job order constituting a Covered Project.
1.13 Covered Project. “ Covered Project” shall have the meaning given to such term in Recital C.
1.14 Covered Project Site. "Covered Project Site” means the location or locations at which the Covered Work will be performed.
1.15 Covered Work. “ Covered Work” means work in furtherance of a Covered Project, other than work excluded pursuant to specific exemptions set forth in this Agreement.
1.16 Disadvantaged Area. “ Disadvantaged Area” means a zip code that contains a census tract for which the average household income is no more than 80 percent of the average household income for the Metropolitan Statistical Area (as designed by the U.S. Office of Management and Budget) in which the census tract is located.
1.17 Disadvantaged Worker. “ Disadvantaged Worker” means: an individual Domiciled in a Disadvantaged Areathat a) has nohighschool diploma or general education diploma (GED), b) is homeless or has been homeless within the last year, c) is a former foster youth, d) is a custodial single parent, e) is experiencing protracted unemployment (defined as receiving unemployment benefits for at least three (3) months), f) is a current recipient of government cash or food assistance benefits, g) has a documented income at or below 100 percent of the Federal Poverty Level, or g) is formerly incarcerated; or a Veteran residing anywhere.
1.18 Domiciled. “ Domiciled” shall have the meaning set forth in Section 349(b) of the California Election Code, indicating a fixed address with intent of continued residency.
1.19 Emergency Work. “ Emergency Work” means work performed for the purpose of preventing or alleviating circumstances, then existingor imminent, that are likely tocause danger topersons or property or theinterruption of services provided by the City or other public service entities, as determined in the City’s sole and absolute discretion.
1.20 Holiday. “ Holiday” means the City-observed holidays established in Chula Vista Municipal Code Section 10.08.110, as it may be amended from time to time. If any holiday listed falls on a Saturday, then the Saturday and the preceding Friday are both legal holidays. Ifthe holiday should fall on a Sunday, then the Sunday and the following Monday are both legal holidays.
1.21 Joint Labor-Management Apprenticeship Program. “ Joint Labor-Management Apprenticeship Program” means aJoint Labor-Management Apprenticeship Program approved by the State of California’ s Division of Apprenticeship Standards as provided for in the Master Labor Agreement(s).
1.22 Letter of Assent. “ Letter of Assent” means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Covered Work, which formally binds such Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 4 Contractor(s) to adherence to all the forms, requirements, and conditions of this Agreement in the form of which is attached hereto as “ Exhibit A”.
1.23 Local Hires. “ Local Hires” means individuals who are employed by Contractors as craft employees to perform Covered Work and have a priority in being dispatched by the respective Unions.
1.24 Local Resident. “ Local Resident” means either a resident of the City or a resident of the County of San Diego, excluding the City, that has been identified as a Disadvantaged Worker.
1.25 Lockout. “ Lockout” means a Contractor’ s exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination, or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement. Does not include City’s decision to stop, suspend, or discontinue any Covered Project or any portion thereof for any reason.
1.26 Master Labor Agreement. “ Master Labor Agreement” means the local collective bargaining agreements of the signatory Unions having geographic and trade jurisdiction over the Covered Work, as they may be amended from time to time, and which are incorporated herein by reference.
1.27 Party. “Party” shall have the meaning given to such term in the preamble.
1.28 PLA. “PLA” shall have the meaning given to such term in the preamble.
1.29 Plan for Settlement of Disputes. “ Plan for Settlement of Disputes” means the Plan for Settlement of Jurisdictional Disputes in the Construction Industry, or any successor plan.
1.30 Prime Contractor. “ Prime Contractor” means the contractor awarded a Covered Contract in privity directly with the City.
1.31 Project Labor Coordinator. “ Project Labor Coordinator” means the designee of the City, either from staff or a consultant acting on behalf of the City, to monitor compliance with this Agreement and assist with developing, implementing, and administering the requirements, policies, and programs referenced herein.
1.32 Tier 1 Local Hire. “Tier 1 Local Hire” means a Local Hire who is a resident of the City.
1.33 Tier 2 Local Hire. “Tier 2 Local Hire” means a Local Hire who is a resident of the County of San Diego, excluding the City.
1.34 Trades Council. “ Trades Council” shall have the meaning given to such term in the preamble.
1.35 Union. “Union” shall have the meaning given to such term in the preamble.
1.36 Veteran. “Veteran” means a veteran or the eligible spouse of a veteran of the United States armed forces, under Section 2(a) of the Jobs for Veterans Act (38 U.S.C. 4215(a)).
1.37 Workforce Dispatch Request Form. “ Workforce Dispatch Request Form” means the project-specific form by which Contractors request workers from the Union hiring halls on Covered Projects, an example of which is attached as Exhibit B.
1.38 Working Day. “Working Day” means Monday through Friday, excluding Holidays.
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 5 1.39 Work Opportunities Program. “ Work Opportunities Program” means a program jointly developed by the Parties to prepare and encourage Local Residents for entrance into Apprenticeship Programs and formal employment on the Covered Projects, as more fully described in Article 16.
ARTICLE 2. SCOPE OF THE AGREEMENT
2.1 General. This Agreement shall apply to onsite Covered Work, performed by Contractors(s).
2.2 Funding-Based Exception. The Parties agree and understand that this Agreement shall not apply to any Covered Project, or portion thereof that would otherwise be subject to this Agreement, if a governmental agency or granting authority fully or partially funding such Covered Project determines that it will not fund the Covered Project if it is subject to this Agreement. City will make reasonable effort to establish the inclusion of this Agreement with any governmental agency or granting authority funding a Covered Project. In no circumstance shall City be required to forgo project funding due to potential applicability of this Agreement.
2.3 Included Work. For the avoidance of confusion, items specifically included in the scope of this Agreement include, without limitation, the following:
a) Onsite and Adjacent Work. All onsite site preparation, construction, alteration, demolition, installation, improvement, landscaping, painting orrepair of buildings, structures and other works, and related activities for the Covered Project that is within the craft jurisdiction of one of the Unions and which is directly part of the Covered Project, including, without limitation, the following examples:
geotechnical and exploratory drilling, temporary HVAC, landscaping, temporary fencing, pipelines (including those in linear corridors built to serve the Covered Project), pumps, and pump stations. Onsite work includes work done solely for the Covered Project in temporary yards, dedicated sites, or other areas, provided that they are adjacent to the Covered Project, and at any onsite or offsite batch plant constructed solely to supply materials to the Covered Project. b) Systems Work. All startup, calibration, commissioning, performance testing, repair, maintenance or operational revisions to systems and/or subsystems for the Covered Project that are required as part of a Covered Contract, including warranty work performed after completion, unless such work is performed by City employees. Covered Work includes all onsite physical craft work that is part of startup and commissioning, including, but not limited to, system flushes and testing, loop checks, reword and modifications, and functional and operational testing up to and including the final running test. It is understood that the City’s personnel and/or representatives, together with the manufacturer’ s and/or vendor’ s representatives, and/or plant operating personnel may supervise and direct the startup, commissioning, rework, and modification activity, and that the onsite physical craft work is typically performed as part of a joint effort with these representatives and personnel. A manufacturer or its representatives may perform industry standard startup and commissioning work to satisfy its guarantee or warranty on a piece of equipment, and such work will be exempt from this Agreement to the extent the work is excluded by Section 2.4.
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 6 c) Fabrication. All onsite fabrication work over which Contractors possess the right of control (including work done for a Covered Project in any temporary yard or area established for the Covered Project). This Agreement also covers offsite fabrication to the extent that it is covered by existing Master Labor Agreements in effect at the time of the execution of this Agreement. All fabrication work over which a Contractor possesses the right of control, including without limitation, the fabrication of medical gas piping, air-handling systems and ducts, and HVAC sheet metal work, and which is traditionally claimed as onsite fabrication shall be performed onsite. Purchase of manufactured items from a genuine manufacturing facility for the supply of products is not considered fabrication and is not subject to this Agreement.
d) Batch Plants and Trucking. Onsite construction shall also include the site of any batch plant constructed solely to supply materials to the Covered Project.
Construction trucking work for thedelivery of ready-mix, asphalt, aggregate, sand, or other fill or material which are directly incorporated into the construction process as well as the off-hauling of debris and excess fill, material and/or mud, shall be covered by the terms and conditions ofthis Agreement tothe fullest extent allowed by law and by the prevailing wage determinations of the California Department of Industrial Relations.
2.4 Excluded Work. Items specifically excluded from the scope of this Agreement include the following:
a) Non-Manual Employees. Work of non-manual employees, including but not limitedto, superintendents, supervisors, staff engineers, timekeepers, mail carriers, clerks, office workers, messengers, guards, safety personnel, emergency medical and first aid technicians, and other professional, engineering, administrative, supervisory, and management employees. Notwithstanding the foregoing, however, this exclusion shall not apply to surveying and inspection services on a Covered Project, within the State of California’ s general prevailing wage determination for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors) unless they are SDCCD employees, when this work is performed under a Covered Contract or under a professional services agreement. This inclusion applies to the scope of work defined in the State of California Wage Determination for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers ( Inspectors). This shall also specifically include such work where it is referred to by utilization of such terms as “ quality control” or “ quality assurance.” Every Surveyor and Inspector performing under these classifications on Covered Work pursuant toaprofessional services agreement directly with a Contractor shall be bound to all applicable requirements of this Agreement regardless of the manner in which the work was awarded. Department of State Architects (DSA), Inspector of Record (IOR) per project will be excluded from the scope ofthis Agreement provided the DSA-IOR required duties, as outlined in the California Building Standards Administrative Code (Part 1 Title 24 C.C.R.) Article 6, are supervisory and do not conflict with the above-defined scope of work; and
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 7 b) Support Services. Non-construction support services contracted by the City or Contractor in connection with Covered Projects; and
c) City Employees. All employees ofthe City, or any consultants for City (including, but not limited to, project managers, construction managers, and their employees) and their subconsultants and other employees of professional service organizations, not performing manual labor within the scope of this Agreement. d) Work by Government and Private Utilities. Any work performed on, near, or leading to or into a site of work covered by this Agreement and undertaken by state, county, city or other governmental bodies, or their contractors (other than work within the scope ofthis Agreement undertaken by Contractors to the City) or by private utilities, or their contractors; and
e) Offsite Work. All offsite manufacturing, fabrication, deliveries, maintenance, and handling of materials, equipment, or machinery, and the offsite hauling of materials of any kind to or from the Covered Project site. However, any laydown or storage areas for equipment or material and manufacturing (i.e., prefabrication) sites dedicated solely for the Covered Project, onsite fabrication, and the movement of materials or goods between locations on a Covered Project Site are within the scope of this Agreement. Onsite fabrication work includes work performed for the Covered Project in temporary yards or areas near the Covered Project. Onsite construction shall also include the site of any batch plant constructed solely to supply materials to the Covered Project; and f) Manufacturer and Vendor Employees. Work performed by employees of a manufacturer or vendor on the manufacturer’ s or vendor’ s equipment, if required by the warranty agreement in order to maintain the warranty or guarantee, and provided that the warranty agreement is the manufacturer’ s or vendor’ s usual and customary warranty agreement for such equipment and is consistent with industry practice. Any work to be excluded pursuant to this subsection shall be identified and discussed at the relevant pre-job conference. Upon request from the Trades Council, City shall review with the vendor whether installation or application may be performed pursuant to the terms of the Agreement without affecting the status of the warranty; and
g) Specialized or Technical Work. Specialized or technical work requiring specialized training, unique skills, or alevel of specific technical experience which employees represented by the Unions do not possess, including but not limited to electrical utility and water utility work on high voltage utility equipment, water well construction, Supervisory Control and Data Acquisition (SCADA) or other computerized equipment, and other specialty utility construction work. Atleast ten 10) Working Days’ notice shall be given to the Trades Council prior to any work being performed pursuant to this exemption; and
h) Insufficient Number of Bids. Contracts for which there are less than three ( 3) unrelated, qualified bidders ( two ( 2) for ready-mix concrete), with five ( 5) Working Days’ written notice to the Business Manager for the Trades Council prior to bids being due that a sufficient number of bids have not been received.
This provision shall not apply unless City has: i) provided written notice of the Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 8 solicitation of bids to at least three (3) contractors (two (2) for ready-mix concrete) that are signatory to a Master Labor Agreement of the Union that has jurisdiction over the work and to such Union concurrently with the first bid solicitation at least twenty-one (21) days in advance of the deadline for receipt of bids; ii) provide the bid specifications, information and bidding requirements directly to any additional union-signatory contractors that the Union has requested receive the bid specifications; iii) established the same bidspecifications and requirements for any non-unionsignatory contractor submitting a bidas were established for any Unionsignatory contractor, whether or not the non-union is submitted after City has successfully invoked the provisions of this section due to failure to receive three 3) bids (two (2) for ready-mix concrete); and iv) established bid specifications and requirements that are consistent with City’s usual and customary bidding process and industry practice in the San Diego region; and
i) Substantial Impracticality or Inefficiency. The City may exclude any work constituting a Covered Project upon a 4/5 vote of its City Council finding and determining that said work as a Covered Project would result in a substantial inefficiency or impracticality; and
j) Substantially Exceeds Engineer’ s Estimate. If the lowest responsive and responsible bid exceeds the engineer’ s estimate by thirty-five percent ( 35%) or more, the City reserves the right to reject all bids and readvertise the contract not as a Covered Project or Covered Contract and not subject to this PLA. This exemption cannot be invoked more than twice in any calendar year to exclude a Covered Project or a Covered Contract from the scope of the PLA; and k) Laboratory testing work; and
l) Emergency Work.
2.5 Awarding of Contracts.
a) Each Union shall provide the Project Labor Coordinator a list of signatory Contractors, whose principal placeof business is withinthegeographic jurisdiction of the City and that routinely perform work within the scope of the Covered Work in such area. The Union shall specify the type of work that such Contractor performs and may amend the list as necessary. City and any Prime Contractor that contracts Covered Work to another Contractor shall solicit bids from at least two 2) Contractors ontheapplicable Union’ s listfor the Covered Work, provided such Contractors meet any applicable City pre-qualification criteria. The solicitation of bids shall be based upon the same terms, conditions, and scope of work requested of all potential bidders. Notwithstanding the preceding sentence, City has the absolute right to bid or award Covered Contracts regardless of delivery method to any Contractor, notwithstanding the existence or non-existence of any agreements between such Contractor and any Union, provided only that such Contractor is willing, ready, and able to execute a Letter of Assent as set forth in Exhibit A hereto, and comply with this Agreement in performance of the Covered Work. b) It is agreed that all Contractors awarded Covered Work shall be required to accept and be bound by the terms and conditions of this Agreement. Contractors shall Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 9 evidence their acceptance of this Agreement by executing a Letter of Assent as set forth in Exhibit A hereto. The Prime Contractor must sign and submit the Letter of Assent as a condition of award prior to the execution of a Covered Contract. No Contractor shall commence Covered Work without first providing a copy of the signed Letter of Assent to the Project Labor Coordinator. c) It is agreed that, to the extent permitted by law and consistent with the economy and efficiency of construction and operation, City and Contractors will use best efforts to purchase materials, equipment, and supplies that will not create labor strife. Under all circumstances, however, City and Contractors shall retain the absolute right to select Contractors for the award of contracts and subcontracts on all Covered Projects.
2.6 Master Labor Agreements.
a) Conflicts Between Agreements. The provisions of this Agreement, including the Master Labor Agreements, shall apply to the Covered Work, notwithstanding the provision of any other local, area, and/or national agreement that may conflict with or differ from the terms of this Agreement. In the event of any inconsistency between a Master Labor Agreement and this Agreement, the provisions of this Agreement shall prevail. In the event that this Agreement is silent on a matter that is addressed in a Master Labor Agreement, the provisions of the Master Labor Agreement shall apply. Any dispute as to the applicable source between this Agreement and any Master Labor Agreement shall be resolved under the procedures established in Article 11.
b) No Additional Agreements Required. It is agreed that this Agreement, together with the referenced Master Labor Agreements, constitutes a self -contained, standalone agreement and, by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local, area, or national collective bargaining agreement as a condition of performing work within the scope of this Agreement. Provided, however, that the Contractor may be required to sign a uniformly applied non-discriminatory Participation or Subscription Agreement at therequest ofthe trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor may be bound to make contributions under this Agreement, provided that such Participation or Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement for Covered Work and/or expand its obligation to make contributions thereto. It shall be the responsibility of the Prime Contractor to have each ofits Contractors of any tier sign the documents with the appropriate Union prior to the Contractor beginning work on the Covered Projects.
c) Continuation. Master Labor Agreements incorporated as part of this Agreement shall continue in full force and effect with regard to Covered Work, until the Master Labor Agreement is modified by parties thereto.
2.7 Instrument Calibration and Loop Checking Exception. Except for work performed under the NTL Articles of Agreement, the Stack/Chimney Agreement, and the National Cooling Tower Agreement, all instrument calibration work and loop checking shall be performed under the terms of the Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 10 UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, and the National Agreement of the International Union of Elevator Constructors, with the exception of Article 8 (Work Stoppages and Lockouts) and Article 11 (Grievances and Disputes) of this Agreement, which shall apply to such Covered Work.
ARTICLE 3. DURATION AND APPLICABILITY OF AGREEMENT
3.1 Duration. This Agreement shall be effective as of the Effective Date and shall continue in full force and effect through June 30, 2030. Either the City or the Trades Council may provide written notice to the other, such notice to be provided not less than ninety (90) calendar days prior to the expiration of the Agreement, of its intent to extend the Agreement. Upon written mutual consent of the City and the Trades Council, the Agreement may be extended administrative for a period nottoexceed five (5) additional years, for a total term of ten (10) years.
3.2 Limits to Applicability. The Parties agree that this Agreement will be made available to, and will fully apply to, any successful bidder for Covered Projects, without regard to whether that successful bidder performs work at other sites on either a Union or non-Union basis. This Agreement shall not apply to any work of any Contractor other than that on Covered Projects specifically covered by this Agreement.
3.3 Binding on Signatories Only. This Agreement and Letter of Assent shall only be binding on Contractors in the performance of Covered Work, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Contractors.
3.4 Other City Work. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work, or function not covered by this Agreement, which may be performed by City employees or contracted for by the City for its account, on its property, or in and around the Covered Project Site.
3.5 Completed Covered Projects. As portions of Covered Projects are completed and accepted by the City, this Agreement shall have no further force or effect on such portions of Covered Projects, except where the Contractor is directed by the City or the Project Labor Coordinator to engage in repairs, modifications, and/or checkout functions required by its contract(s) with the City. Notice of acceptance received by the Contractor will be provided to the Trades Council with the description of the portion, segment, etc. that has been accepted by the City. Acceptance may be subject to a “ punch” list, and in such case, the Agreement will continue to apply to each item on such list until it is completed to the satisfaction of the City and notice of same is given by the City or its representative to the Contractor.
3.6 Final Termination. Final termination of all obligations, rights, liabilities, and disagreements shall occur upon receipt by the Trades Council of a notice from the City confirming that no work remains within the scope of the Agreement.
ARTICLE 4. UNION RECOGNITION AND EMPLOYMENT
4.1 Recognition. The Contractor recognizes the Unions as the exclusive bargaining representative for the employees engaged in Covered Projects. Such recognition does not extend beyond the period when the employee is engaged in Covered Work.
4.2 Contractor Selection of Employees. The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with this Article. The Contractor shall also have the right to reject any applicant referred by a Union for Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 11 any lawful reason, subject to any reporting time requirements of the applicable Master Labor Agreement; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor’ s commitment to employ qualified workers through procedures endorsed in this Agreement.
4.3 Referral Procedures.
a) Job Referral System. For Unions having ajobreferral system contained ina Master Labor Agreement, the Contractor agrees to comply with such system, and such system shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations that require equal employment opportunities and nondiscrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of Local Hires and Disadvantaged Workers on the Covered Projects, and to facilitate the ability of all Contractors to meet their employment needs. b) Duty to Recruit and Refer. The Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractors, including specific employment obligations to which a Contractor may be legally and/or contractually obligated; and to refer Apprentices as requested to develop a larger, skilled workforce to perform Covered Work. The Unions will work with the Project Labor Coordinator and others designated by the City to identify and refer competent craft persons as needed for Covered Work.
Contractors and Unions shall identify individuals, particularly Disadvantaged Workers and Veterans, for entrance into Apprenticeship Programs. c) Currently Employed. The Union shall not knowingly refer an employee currently employed by a Contractor on Covered Project to any other Contractor.
ARTICLE 5. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION
5.1 Nondiscrimination in Referral, Employment, and Contracting. The Parties and Contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, ethnicity, color, ancestry, religious creed, national origin, sexual orientation, physical disability, mental disability, medical condition, age, marital status, denial of family care leave, genetic information, gender, gender identity, gender expression, military or veteran status, criminal records, part incarceration, previous status as a foster youth, political affiliation, or membership in a labor organization inhiringand dispatching workers for the Covered Projects. The Parties and Contractors will ensure that the evaluation and treatment of their employees, members, and applicants for employment or membership are free from such discrimination and harassment.
5.2 Disabled Veterans and Small Business Enterprise Program. The Parties acknowledge that the City has adopted Council Policy 160-03 (Disabled Veterans and Small Business Enterprise Program), provided as Exhibit C. The Parties and Contractors shall jointly endeavor to assure that these commitments are fully met, and that any provisions ofthis Agreement that may appear tointerfere with Disabled Veterans Business Enterprises and Small Business Enterprises successfully bidding for work on Covered Projects shall becarefully reviewed and adjustments made as may be appropriate andagreed uponamong the Parties, to ensure full compliance with Council Policy 160-03, as it may be amended from time to time, on Covered Projects.
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 12 a) Duty to Report. In order to assist the City in monitoring compliance with Council Policy 160-03, each Prime Contractor shall be responsible for providing documentation verifying compliance with same to the Project Labor Coordinator.
5.3 Core Employees. This section only applies to Contractors who are not directly signatory to an applicable Master Labor Agreement.
a) Hiring Procedures. Contractors who are not otherwise signatory to a Master Labor Agreement may employ, as needed, first, a referral from the appropriate Union hiring hall, then a Core Employee, then a second employee through the referral system, then a second Core Employee, and so on, until a maximum of three (3) Core Employees are employed per craft on the Project. Thereafter, all additional employees in the affected trade or craft shall be requested and referred from the appropriate Union hiring hall in accordance with this Article. b) Registration Required. Section 5.3 only applies to Contractors who are not directly signatory to a current Master Labor Agreement for the craft worker in its employ and is not intended to limit the transfer provisions of the Master Labor Agreement of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their Core Employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment working under the Covered Contract at the Covered Project Site. The registration process shall be administered by the Contractors and Union reasonably, but without impacting the Covered Project schedule.
c) List to be Provided. Prior to each Contractor performing any work on a Covered Project, each Contractor shall providealist of Core Employees tothe Project Labor Coordinator and the Trades Council. After submitting the Core Employee list prior to commencing work on that Covered Project, Contractors shall not make any changes or substitutions to the Core Employee list for the duration ofthat Covered Project without prior agreement by the Parties, unless one or more Core Employees retires, changes employer, resigns, or is terminated.
d) Documentation to be Provided. Upon request by any Party to this Agreement, the Contractor hiring any Core Employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, and such other documentation as may be deemed acceptable by the Project Labor Coordinator) evidencing the Core Employee’ s qualification as a Core Employee to the Project Labor Coordinator and the Trades Council.
e) Eligibility Requirements. Core Employees must meet the following eligibility requirements to qualify for employment on Covered Projects:
1) A Core Employee must be ajourneyperson and appear on the Contractor’ s active payroll for at least ninety (90) of the last one hundred and eighty 180) calendar days prior to being designated as a Core Employee. The date a Core Employee is designated is the date the Core Employee list is Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 13 submitted to the Project Labor Coordinator and the Trades Council prior to the Contractor commencing work on the Covered Project. 2) A Core Employee must possess any license required by state or federal law for the Covered Work to be performed.
3) A Core Employee must have the ability to safely perform the basic functions of the applicable trade; and
4) A Core Employee must be a resident of San Diego County. f) In addition to the Core Employee provisions set forth herein, all Contractors may avail themselves of any opportunity provided for in the applicable Master Labor Agreements to call for specific employees by name.
g) During any layoffs or reductions in workforce, Contractors shall lay off employees in an order and manner consistent with the Core Employee hiring procedures and maintain the required Core Employee-to-Union referral ratios required by this Section for the duration of the Covered Project.
5.4 Employment of Local Hires and Disadvantaged Workers. a) First Referred. The Parties acknowledge that the City desires to maximize employment opportunities for Local Hires and Disadvantaged Workers and Unions and Contractors agree that Local Hires shall be first referred for Covered Projects. The list of qualifying Disadvantaged Areas shall be posted to the City’s website.
b) Local Hire Goal. The Contractors and Unions agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualification, the Unions will exert their best efforts torefer and/or recruit sufficient numbers of skilledcraft Local Hires to fulfill the requirements of the Contractors. Contractor and Unions further agree to work together to achieve a goal of at least fifty percent (50%) of the total construction craft hours worked on each Covered Project being performed by Local Hires, as further described in Section 5.4(c). c) Priority of Local Hires. The Contractors and Unions agree that Tier 1 Local Hires shall be first referred for Covered Projects. Should there not be sufficient skilled and qualified Tier 1 Local Hires to meet the Local Hire goal established in Section
5.4(b), Tier 2 Local Hires shall then be referred until the Local Hire goal has been met.
d) Disadvantaged Worker Goal. The Contractors and Unions agree to work together toachieve a goal of atleast thirty percent (30%) ofthetotal construction craft hours work on each Covered Project being performed by Disadvantaged Workers. Hours worked by Local Hires whoare also Disadvantaged Workers may be applied to the Local Hire participation goal.
e) Apprentice Hiring Goal. The Contractors and Unions agree to work together to achieve a goal of at least one ( 1) Apprentice for every four (4) non-Apprentice workers.
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 14 f) Compliance with Local Hire, Disadvantaged Worker, and Apprentice Hiring Goals. Contractors shall satisfy the goals set forth in Sections 5.4(b), 5.4(d), and
5.4(e) by: (i) assigning craft Core Employees who are Local Hires, Disadvantaged Workers, and/or Apprentices to perform Covered Work; and ( ii) if necessary, requesting referral of Local Hires from Union hiring halls (using the Workforce Dispatch Request Form) and Apprenticeship Programs. Contractors who follow these procedures in good faith and with concerted efforts to identify and retain Local Hires, Disadvantaged Workers, and Apprentices shall not be considered in non-compliance for failure to meet the goals set forth in Sections 5.4(b), 5.4(d), and 5.4(e).
g) Workforce Dispatch Request Form Required. To facilitate the dispatch of Local Hires, as well as all Contractor requests for referral and dispatch of workers from the applicable Union referral system, all Contractors are required to utilize the Workforce Dispatch Request Form. When Local Hires are requested by a Contractor, the Unions will refer Local Hires, to the extent such status is known, regardless of their place in the Union hiring halls’ list and normal referral procedures.
5.5 Time for Referral. If any Union’ s registration and referral system does not fulfill the requirements for specific classifications of covered employees requested by any Contractor within forty - eight (48) hours (excluding Saturdays, Sundays, and Holidays), those Contractors may use employment sources other than Core Employees and the Union registration and referral services and may employ applicants from any other available source. The Contractor shall promptly notify the Union of any applicants hired from other sources, and such applicants shall register with the appropriate hiring hall, if any.
5.6 Lack of Referral Procedure. If a signatory local Union does not have a job referral system as set forth in Section 4.3 above, the Contractor shall give the Union equal opportunity to refer applicants in conformance with remaining provisions of this Article 5. The Contractors shall notify the Union of employees so hired, as set forth in Section 5.5.
5.7 City to Monitor Compliance. The Project Labor Coordinator shall work with the Unions and Contractors in the administration, monitoring, and reporting of the foregoing Local Hire and Disadvantaged Worker hiring goals.
5.8 Union Membership. Employees are not required to become or remain union members as a condition of performing Covered Work under this Agreement. Contractors shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Labor Agreement. Nothing in this Section 5.8 is intended to supersede the requirements of the applicable Master Labor Agreements as to those Contractors otherwise signatory tosuch Master Labor Agreement andas totheemployees ofthose Contractors whoare performing Covered Work.
5.9 Foremen. The selection and number of craft foremen and/or general foremen shall be the responsibility of the Contractor, consistent with the Master Labor Agreements. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foremen shall be designated as working foreman at the request of the Contractors.
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 15 5.10 Skilled and Trained Workforce. Each Contractor performing work on a Covered Project is required to utilizea skilledand trained workforce, as definedin Public Contract Code § 2600 - 2603. Unions and Contractors shall utilize the grievance procedures set forth in Article 11 of this Agreement to resolve any disputes regarding skilled and trained workforce requirements. To the maximum extent permissible under state law and regulation, including California Public Utilities Code § 132354.7(a)(3), Contractors and City shall be relieved of reporting and enforcement obligations and systems described in Public Contract Code § 2602 and 2603, and Contractors’ requirement to utilize a skilled and trained workforce shall instead by monitored and enforced by Unions and Contractors through the provisions of this Agreement.
ARTICLE 6. UNION ACCESS AND STEWARDS
6.1 Access to Covered Project Sites. Authorized representatives ofthe Unionshall have access to Covered Project Sites, provided that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security, and safety rules.
6.2 Stewards.
a) Stewards Authorized. Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’ s duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no nonworking stewards. Stewards will receive the regular rate of pay of their respective crafts.
b) Steward Purview. In addition to their work as an employee, the steward shall have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee’ s appropriate supervisor.
Each steward should be concerned only with the employees of the steward’ s Contractor and not with the employees of any other Contractor. The Contractor shall not discriminate against the steward inthe proper performance oftheir Union duties.
c) Additional Stewards. When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request, and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. d) No Overtime Determinations. The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.
6.3 Steward Layoff/Discharge. The Contractor agrees to notify the appropriate Union twentyfour (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable Master Labor Agreement, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. Inany case in whichthesteward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice has been given.
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 16 6.4 Employees on Non-Covered Projects. On work where the personnel of the City or its contractors may be working in close proximity to the construction activities covered by this Agreement on non-covered projects, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with City personnel, or with personnel employed by any other employer not performing Covered Work. Violation of this provision by stewards and individual workers shall be just cause for disciplinary discharge. Violation of this provision by Union representatives shall constitute a material violation of this Agreement.
ARTICLE 7. WAGES AND BENEFITS
7.1 Wages. At a minimum, all employees covered by this Agreement shall be classified in accordance with work performed and paid hourly wage rates for those classifications in compliance with the Applicable Prevailing Wage Laws.
7.2 Benefits.
a) Payment. For all employees performing Covered Work, Contractors shall pay, at a minimum, all employee fringe benefits and other required Contractor contributions to the established Union employee benefit funds in the amounts required by the appliable Master Labor Agreements. In addition, the Contractors and Unions agree that only such bona fide employee benefits that accrue to the direct benefit of the employees (such as pension and annuity, health and welfare, vacation, apprenticeship, and training funds) shall be included in this requirement and required to be paid by the Contractor for performance of Covered Work. b) Benefit Trust Funds. Where benefit payments are required by Section 7.2(a), the Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, Union trust agreement(s) specifying in detail how payments will be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the parties to such trust funds to appoint trustees and successors’ trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. The Contractor obligations to the applicable Union benefit fund(s) and trust agreement(s) are limited to work performed on Covered Projects. The applicable Union benefit funds and trust agreement(s) to each Contractor are determined by the pre-job conference and Union work assignment process described in Articles 9 and 18. c) Certification Required. Each Contractor is required to certify to the Project Labor Coordinator that it has paid all benefit contributions due and owing to the appropriate Uniontrust(s) and benefit funds prior tothereceipt ofits final payment and/or retention. Further, upon timely notification by a Union to the Project Labor Coordinator, the Project Labor Coordinator shall work with any Contractor who is delinquent inpayments to assure that proper benefit contributions are made, to the extent of requesting City and/or the Prime Contractor to withhold payments otherwise due to such Contractor, until such contributions have been made or otherwise guaranteed.
d) Construction Industry Exemption. Notwithstanding any other provisions, this Agreement is an agreement under Section 8(f) ofthe National Labor Relations Act, which covers work performed in the building and construction industry. In Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 17 addition, the work performed under this Agreement qualifies for Construction Industry Exemption under the Employee Retirement and Income Security Act of 1974 (“ ERISA”), as amended. If any Union pension trust fund covered by the terms and conditions of this Agreement does not qualify for the ERISA Construction Industry Exemption authorized by § 4203(B)(1)(i), as amended, 29 U.S.C. 1383(b)(1)(i), or has not taken the necessary steps to amend the fund documents to qualify for the Construction Industry Exemption as authorized by ERISA § 4203(B)(1)(ii), as amended, 29 U.S.C. 1383(b)(1)(B)(ii); and to recognizethe work performedunder this Agreementtoqualify forthe Construction Industry Exemption, the Contractors signatory to this Agreement will not be obligated to make pension fund contributions to that fund. In such an event, the Contractor shall pay all required amounts otherwise allocated for payment toward the non-exempt fund to the employee’ s wages or other bona fide retirement plan program pursuant to Applicable Prevailing Wage Laws.
7.3 Wage Premiums. Wage premiums, including, but not limited to, pay based on height of work, shift premiums, hazard pay, scaffold pay, and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any Applicable Prevailing Wage Laws.
7.4 Compliance with Prevailing Wage Laws. All complaints regarding possible violations of Applicable Prevailing Wage Laws may be referred to the Project Labor Coordinator for processing, investigation, and resolution, and if not resolved within thirty (30) calendar days, may be referred by any Party to the State Labor Commissioner. To facilitate compliance with Applicable Prevailing Wage Laws, Contractor agrees to provide copies of certified payroll reports, redacted only to the extent required by law, to the Unions ( or to any Labor Management Cooperation Committee in which a Union or its affiliate participate) within ten (10) Working Days of their request. The Trades Council or Union, as appropriate, shall be advised in a timely manner with the facts and resolution, if any, of any complaint.
ARTICLE 8. WORK STOPPAGES AND LOCKOUTS
8.1 No Work Stoppages or Disruptive Activity. The Trades Council and the Unions signatory hereto agree that neither they, nor their respective officers, or agents, or representatives, shall incite, encourage, condone, or participate inany strike, walkout, slowdown, picketing, observation of picket lines, or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Covered Projects, or which interferes or otherwise disrupts Covered Projects, or with respect or related to City or Contractors or subcontractors, including, but not limited to, economic strikes, unfair labor practices strikes, safety strikes, sympathy strikes, and jurisdictional strikes, whether or not the underlying dispute is arbitrable. Any such actions by the Trades Council, the Unions, or their members, agents, representatives, or the employees they represent shall constitute a material violation of this Agreement. The Trades Council and the Union shall take all steps necessary toensure compliance with this Article 8.
8.2 Employee Violations. The Contractor shall discharge any employee violating Section 8.1, and any such employee shall not be eligible for rehire under this Agreement.
8.3 Standing to Enforce. City and any Contractor affected by an alleged violation ofthis Article 8 shall have the standing and the right to enforce the obligations established herein.
8.4 Expiration of Master Labor Agreements. If a Master Labor Agreement between a Unionsignatory Contractor and one or more of the Union(s) expires before the Contractor completes the Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 18 performance of the Covered Work under a Covered Contract, and the Union or the Contractor gives notice of demand for a new or modified Master Labor Agreement, the Unions agree that they will not strike the Contractor on any Covered Project, and the Union and the Contractor agree that the expired Master Labor Agreement will continue in full force and effect for the Covered Projects until a new or modified Master Labor Agreement is put in place between the Union and the Contractor. If the new or modified Master Labor Agreement between the Union and the Contractor provides that any terms of the Master Labor Agreement shall be retroactive, the Contractor agrees to comply, consistent with the terms of this Agreement and the applicable Prevailing Wage Laws, with any retroactive terms of the new or modified Master Labor Agreement which are applicable to employees of said Contractor that are employed on a Covered Project within seven ( 7) Working Days at no cost to the City. All employees shall continue to work and to perform all obligations with respect to Covered Work, despite the expiration of any Master Labor Agreement. Should a Contractor engaged in Covered Projects enter into an interim agreement with the Unions for work being performed elsewhere after the expiration, and before the renewal of a local collective bargaining agreement forming the basis for a Master Labor Agreement, such interim agreement shall be utilized by that Contractor for Covered Projects, subject to the provisions of Section 2.6(c) Continuation of Master Labor Agreements).
8.5 No Lockouts. Contractors shall not cause, incite, encourage, condone, or participate in any Lockout of employees with respect to Covered Projects during the term of this Agreement.
8.6 Best Efforts to End Violations.
a) Violation by Union. If a Contractor or City contends that there is any violation of this Article, it shall, atleasttwenty-four (24) hours prior toinvokingtheprocedures of Section 8.7, provide written notification to the Trades Council of the involved Union(s) and to the Project Labor Coordinator, setting forth the facts which the Contractor contends violate this Article. The Trades Council and the leadership of the involved Union(s) will immediately instruct, order, and use their best efforts to cause the cessation of any violation of this Article 8. b) Violation by Contractor. If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the Project Labor Coordinator, setting forth the facts which the Union contends violate this Article 8, at least twenty-four 24) hours prior to invoking the procedures to Section 8.7. The Project Labor Coordinator shall promptly order the involved Contractor(s) to cease any violation of this Article.
8.7 Arbitration Procedure. Any Party, including the City, which is an intended beneficiary of this Article, and affected Contractors, may institute the following procedures, in -lieu or in addition to any other action at law or equity, when a breach of this Article is alleged. a) Notice to Arbitrator. The Party, including any affected Contractor, invoking this procedure shall notify Robert Hirsch, who has been selected by the Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure, or John Kagel, as the alternate arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the alternate arbitrator will be contacted. If neither is available, then a selection shall be made by the most expeditious means available, with notices to the Contractor or Union alleged to be in violation, and to the Project Labor Coordinator and Trades Council. For purposes of this Article, Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 19 written notices may be made by email, hand delivery, or certified mail and will be deemed effective upon receipt.
b) Hearing Schedule. Upon receipt of said notice, thearbitrator named above, or their alternate, shall sit and hold a hearing within seventy-two ( 72) hours if it is contended that this violation still exists, but no sooner than twenty-four (24) hours after notice has been dispatched to the Trades Council of the involved Union(s) and/or Contractor as required by Section 8.6 above. The arbitrator shall notify the disputing Parties of the place and time chosen for the hearing, which may be held in person or via videoconference.
c) Hearing Procedures. Said hearing shall be completed in one session, which, with appropriate recesses atthearbitrator’ s discretion, shall not exceed twenty-four (24) hours, unless otherwise agreed upon by all disputing Parties. A failure of any of the disputing Parties to attend said hearing shall not delay the hearing of evidence or the issuance of any award by the arbitrator.
d) Hearing Scope. The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation, or mitigation of such violation or to award damages ( except for damages as set forth in Section 8.8) which issue is reserved for court proceedings, if any.
e) Arbitration Award. Theaward shall be issuedin writing withinthree (3) hours after the close of the hearing and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) Working Days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation of this Article and other appropriate relief, and such award shall be served on all disputing Parties by email, hand delivery, or certified mail upon issuance. The amount of liquidated damages pursuant to Section 8.8 below shall be determined at a second hearing scheduled by the arbitrator within thirty (30) calendar days of the first hearing to determine if a violation of this Article has occurred. Such arbitration award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator’ s award as issued pursuant to this section, all disputing Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party’ s right to participate in a hearing for a final order of enforcement. The court’ s order(s) enforcing the arbitrator’ s award shall be sent to all disputing Parties. f) Waiver. Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties and Contractors to whom they accrue. g) Shared Expense. The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties.
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 20 8.8 Liquidated Damages.
a) Work Stoppage or Disruption. If the arbitrator determines in accordance with Section 8.7 above that a work stoppage or other disruption to a Covered Project , pursuant to Section 8.1, has occurred, the respondent Union(s) shall, within eight 8) hours of receipt ofthe award, direct all employees they represent on the project to immediately return to work. Ifthe craft(s) involved do not return to work by the beginning ofthenext regularly scheduled shiftfollowingsuch eight (8) hour period after receipt of the arbitrator’ s award, and the respondent Union(s) have not complied with their obligations to immediately instruct, order, and use their best efforts to cause acessation oftheviolation and return the employees they represent to work, then the non-complying Union(s) shall each pay a sum as liquidated damages to the City, and each will pay an additional sum per shift, as set forth in Section 8.8(c), below, for each shift thereafter on which the craft(s) has/have not returned to work.
b) Lockout. If the arbitrator determines that a Lockout has occurred on a Covered Project, the respondent Contractor shall, within eight (8) hours after receipt of the award, return all the affected employees to work on the Covered Project , or otherwise correct the violations found by the arbitrator. If the respondent Contractor does nottake such action by thebeginning ofthenext regular scheduled shift following the eight ( 8) hour period, each non-complying respondent Contractor shall pay or give as liquidated damages, to the affected Union (to be apportioned among the affected employees and the benefit funds to which contributions are made on their behalf, as designated by the arbitrator) an amount equal to the total hourly wages and benefits lost for all affected employees of the Contractor on Covered Projects. Inaddition, the Contractor shall pay an additional sum per shift to the City, as set forth in Section 8.8(c), below, for each shift thereafter in which compliance by the respondent Contractor has not been achieved.
c) Payment of Liquidated Damages to City. The Parties agree that project delays caused by violations of this Article 8 will cause the City to sustain damages. They agree that it would be impractical or extremely difficult to fix the amount of such damages. Therefore, the Parties agree that, in the event of a breach of this Article, the disputing Party in breach shall pay to the City the sum of $10,000 per shift, from the time that the arbitrator determines that a delay has occurred until the arbitrator determines that the Covered Project is no longer disrupted. The payment of liquidated damages, when made, shall constitute a damages remedy of the City for the delay specified, but shall not prevent the City from seeking an injunctive or other monetary relief, including termination of this Agreement. Payment of these sums as liquidated damages is not intended as a forfeiture or penalty within the meaning of California Civil Code § 3275 or 3369, but instead, is intended to constitute liquidated damages tothe City pursuant to California Civil Code § 1671.
8.9 Payroll and Benefit Delinquencies. Notwithstanding other provisions of this Agreement, it shall not be a violation of this Agreement for any Union to withhold the services of its members from a Contractor who fails to timely pay its weekly payroll in accordance with the applicable Master Labor Agreement or fails to make timely payments to the applicable Union benefit funds. This Section 8.9 does Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 21 not inhibit or affect responsibilities of the Trades Council and the Union under Section 8.1 to refrain from picketing or other disruption of Covered Projects.
a) Failure to Make Payroll. Prior to withholding its members’ services for the Contractor’ s failure to meet its weekly payroll, the Union shall give at least five 5) Working Days written notice of such failure to pay by certified mail or email transmission, to the involved Contractor, Prime Contractor, and Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and affected Union, shall meet within five (5) Working Days after the written notice of such failure to pay was received to attempt to resolve the payroll delinquency. If the payroll delinquency remains unresolved, then theaffected Union may withhold the services of its members from the involved Contractor. Upon payment of all monies due and owing for wages, the Union shall direct its members to immediately return to work and the Contractor shall return all such members to work.
b) Failure to Contribute to Benefit Funds. Prior to withholding its members’ services for the Contractor’ s failure to make timely payments to the applicable Union benefit funds, the Union shall give at least thirty (30) calendar days written notice of such failure to pay by certified mail or email transmission, to the involved Contractor, the Prime Contractor, and the Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and the affected Union, shall meet within five (5) Working Days after the written notice of such failure to pay was sent to attempt to resolve the delinquency. If the delinquency remains unresolved, then theaffected Union may withhold theservices ofits members from the involved Contractor. Upon payment by the delinquent Contractor of all monies due and then owing for employee benefit contributions, the Union shall direct its members to immediately return to work and the Contractor shall return all such members back to work.
c) Grievance Rights Reserved. Nothing inthis section should be construed to prevent the Union having jurisdiction over the involved work from submitting a grievance under Article 11 for any alleged or actual violations of Article 7 or referring any alleged or actual prevailing wage violation to the Project Labor Coordinator for review and enforcement, in accordance with Section 7.4. d) Contractor Replacement. City shall have the right to replace any delinquent Contractor in accordance with the terms and conditions of the applicable prime contract with City.
ARTICLE 9. WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
9.1 No Jobsite Disruption. There will be no strikes, work stoppages, picketing, sympathy strikes, slowdowns, or other interference with the Covered Work because ofjurisdictional disputes between Unions. The assignment of work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be in accordance with the Plan for Settlement of Disputes.
9.2 Jurisdictional Disputes. All jurisdictional disputes on Covered Projects shall be settled and adjusted according to the present Plan for Settlement of Disputes established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted by the Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 22 Building and Construction Trades Department. Decisions rendered shall be final and binding and conclusive on the Contractors and Unions party to this Agreement. a) Carpenters Union Disputes. If a dispute arising under this Article involves the Western States Regional Council of Carpenters or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan for Settlement of Disputes from a list composed of Thomas Pagan and John Kageland the arbitrator’ s hearing on the dispute shall be held inthe offices of the Trades Council within fourteen ( 14) Working Days of the selection of the arbitrator. All other procedures shall be as specified in the Plan for Settlement of Disputes.
9.3 Failure to Comply. If any Union or Contractor fails to immediately and fully comply with the final decision rendered by the Plan for Settlement of Disputes, affected Union(s) or Contractor(s) may seek legal redress for such conduct, including, but not limited to, injunctive relief and/or damages.
9.4 Pre-Job Conference. It is required that a pre-job conference be held not later than fourteen 14) calendar days prior to the start of work by each Contractor for the Covered Project inaccordance with the procedure described in Article 18.
ARTICLE 10. MANAGEMENT RIGHTS
10.1 Contractor and City Rights. The Contractors and City have the sole and exclusive right and authority tooversee and manage construction operations on Covered Projects without any limitations unless expressly limited by a specific provision of this Agreement. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor’ s rights include, but are not limited to, the right to:
a) Plan, direct, and control operations of all work; and b) Hire, promote, transfer, and lay off their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements; and c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations; and
d) Discharge, suspend, or discipline their own employees for just cause; and e) Utilize, in accordance with City approval, any work methods, procedures, or techniques, and select, use, and install any types or kinds of materials, apparatus, or equipment, regardless of source of manufacture or construction; and f) Assign and schedule work at their discretion; and
g) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Master Labor Agreements requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.
10.2 Specific City Rights. In addition to the following and other rights of City and Prime Contractor enumerated in this Agreement, City expressly reserves its management rights and all rights Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 23 conferred on it by law and contract. City’ s rights (and those of the Project Labor Coordinator on its behalf) include, but are not limited to the right to:
a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements; and
b) At its sole option, terminate, delay, and/or suspend any and all portions of Covered Projects at any time; prohibit some or all work on certain days or during certain hours ofthe day to accommodate theongoing operations of City and/or to mitigate the effect of ongoing Covered Work on businesses and residents in the neighborhood ofthe Covered Project Sites; and/or require any other operational or schedule changes it deems necessary, in its sole judgment, to meet Project deadlines and remain a good neighbor to those in the area of the Covered Project; provided that, in order to permit the Contractors and Unions to make appropriate scheduling plans, City will use best efforts to provide the Project Labor Coordinator and the affected Contractor(s) and Union(s) with reasonable notice of any change it requires pursuant to this section; and
c) Approve any work methods, procedures, and techniques used by Contractors, whether or not said methods, procedures, or techniques are part of industry practices or customs; and
d) Investigate and process complaints or disagreements, through its Project Labor Coordinator or other representative.
10.3 Use of Materials. Subject to the terms of this Agreement, there shall be no limitations or restrictions by the Union upon a Contractor’ s choice of materials or design, nor, regardless of source or location, upon the full use and utilization of equipment, machinery, packaging, precast, prefabricated, prefinished, preassembled or modular materials, products, tools, or other labor-saving devices, subject to the application of the California Public Contract and Labor Codes. Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work.
10.4 Special Equipment, Warranties, and Guaranties.
a) Itis recognized that certain equipment of a highly technical and specialized nature may be installed at Covered Project Sites. The nature of the equipment, together with the requirements for manufacturer’ s warranties, may dictate that it be prefabricated, pre-piped, and/or pre-wired, and that it be installed under the supervision and direction of the manufacturer’ s personnel. The Unions agree that such equipment is to be installed without incident.
b) The Parties recognize that the Contractor will, from time to time, initiate the use of new technology, equipment, machinery, tools, and other labor-saving devices and methods of performing Covered Work. The Unions agree that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install, or work with any standardized and/or catalog parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, modular products or materials, whatever their source of manufacture or construction.
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 24 c) If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, device, or item, or method of work arises, or whether a particular part of pre -assembled item is a standardized or catalog part or item, the work will proceed as directed by the Contractor, and the Parties shall immediately consult over the matter. If the disagreement is not resolved through this consultation, the affected Union(s) shall have the right to exercise the procedures set forth in Article 11.
ARTICLE 11. GRIEVANCES AND DISPUTES
11.1 Cooperation and Harmony on Covered Project Sites.
a) This Agreement is intended to establish and foster continued close cooperation between management and labor. The Trades Council shall assign a representative to each Covered Project for the purpose of assisting the Unions, and working with the Project Labor Coordinator, together with the Contractors, to complete construction of the Covered Projects economically, efficiently, continuously, and without any interruption, delays, or work stoppages.
b) The City, Contractors, and Unions, collectively and individually, realize the importance toall Parties of maintaining continuous and uninterrupted performance of Covered Work and agreetoresolve all disputes inaccordance withthegrievance provisions set forth in this Article 11, or as appropriate, those of Articles 8 or 9. c) The Project Labor Coordinator shall observe the processing of grievances under this Article 11 and Articles 8 and 9, including the scheduling and arrangement of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear thecase, and any other administrative matters necessary tofacilitatethetimely resolution of any dispute; provided, however, itis theresponsibility oftheprincipal Parties to any pending grievance to ensure the time limits and deadlines are met.
11.2 Processing Grievances. Any disputes arising out of and during the term of this Agreement involving the interpretation or application of the applicable Master Labor Agreement(s), but not alleged violations of Articles 8 or 9, shall be considered a grievance and subject to resolution under the following procedures.
a) Step 1.
1) Employee Grievances. When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement or the applicable Master Labor Agreement(s), the employee shall, through his local Union business representative or job steward, within ten ( 10) Working Days after theoccurrence oftheviolation, givenotice tothe work site representative of the involved Contractor stating the provision(s) alleged to have been violated, the details of the alleged violation and the remedy sought to resolve the matter. A grievance shall be considered null and voidif notice ofthe grievance is not given with theprescribed ten (10) Working Day period. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor toadjust the matter withinten (10) Working Days Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 25 after timely notice has been given. Ifthey fail to resolve the matter within the prescribed period, the grieving Party may, within ten ( 10) Working Days thereafter, pursue Step 2 of this grievance procedure, provided that the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the applicable agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential, except as to the Parties directly involved. 2) Union or Contractor Grievances. Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten 10) Working Days after the disputing Party knew or reasonably should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) additional Working Days, the dispute shall be reduced to writing and advanced to Step 2 in the manner prescribed as Step 1 in Section 11.2(a)(1) above.
b) Step 2. The business manager of the involved local Union or his or her designee, together with the site representative of the involved Contractor, and the labor relations representative of the Project Labor Coordinator, shall meet within seven 7) Working Days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. Ifthe Parties fail toreach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 below within seven (7) calendar days after the initial meeting under Step 2. c) Step 3. If the grievance shall have been submitted but not resolved under Step 2, either the Unionor the Contractor Party may request in writingtothe Project Labor Coordinator (with copy[ies] to the other Party[ies]) within seven (7) calendar days after the initial Step 2 meeting, that the grievance by submitted to an arbitrator selected from the agreed-upon list below, on a rotational basis in the order listed.
Those arbitrators are: (1) Robert M. Hirsch; (2) Kenneth Perea; (3) Sara Adler; (4) John Kagel; (5) Michael Prihar; (6) Michael Rappaport; and (7) Fred Horowitz.
The decision ofthe arbitrator shall be final and binding on all Parties, and the costs and expenses of such arbitration shall be borne equally by the involved Contractor(s) and the involved Union(s).
d) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Parties involved at the particular step where theextension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to, or detract from any of the provisions of this Agreement or the applicable Master Labor Agreement.
11.3 Limitations on Use of Procedures. Procedures outlined in this Article 11 shall not be applicable toany alleged violation of Article 8 or 9, with the single exception that any employee discharged pursuant to Section 8.2 may apply the procedures of this Article 11 to determine only if he/she was, infact, engaged in a violation of Section 8.1.
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 26 11.4 Notice. The Project Labor Coordinator shall be notified by the involved contractor of all actions at Steps 2 and 3. Further, the Project Labor Coordinator shall, upon its own request, be permitted to participate fully in all proceedings at such steps.
ARTICLE 12. COMPLIANCE
12.1 Compliance with All Laws. The Trades Council and all Unions, Contractors, and their employees shall comply with all applicable federal and state laws, ordinances, and regulations including, but not limited to, those relating to safety and health, employment, and applications for employment. All employees shall comply with the safety regulations established by the City, the Project Labor Coordinator, and the Contractor. Employees must promptly report any injuries or accidents to a supervisor.
ARTICLE 13. SAFETY AND PROTECTION OF PERSON AND PROPERTY
13.1 Safety.
a. It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with all applicable safety laws and regulations and any safety rules contained herein or established by the City, the Prime Contractor, or the Contractor. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and City.
b. All Parties and Contractor employees shall be bound by the safety, security, and visitor rules established by the Prime Contractor, Contractor, and the City. These rules will be published and conspicuously posted. An employee’ s failure to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge.
13.2 Drug and Alcohol Testing Policy. The Parties agree to adopt the Drug and Alcohol Testing Policy attached hereto as Exhibit D, which is the exclusive Drugand Alcohol Testing Policy for the Project.
13.3 Inspection. The inspection of shipments of equipment, machinery, and construction materials of every kind shall be performed at the discretion of the Contractor by individuals of its choice.
ARTICLE 14. TRAVEL, SUBSISTENCE, AND PROPERTY
14.1 Applicability. Travel expenses, travel time, subsistence allowances and/or zone rates, and parking reimbursements shall not be applicable to work under this Agreement, except totheextent provided for in any applicable prevailing wage determination. Parking for employees covered by this Agreement shall be provided by the Contractor(s) according to the provision of the applicable Master Labor Agreement(s).
ARTICLE 15. APPRENTICES
15.1 Importance of Training. The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers inthe construction industry, the obligation to capitalize on the availability of the City’s local work force, and the opportunities to provide continuing work on Covered Projects for Local Residents. To these ends, and consistent with all applicable laws and regulations, the Parties will facilitate, encourage, and assist Local Residents to commence and progress in Apprenticeship Programs and/or apprentice readiness programs in the construction industry leading to participation in such Apprenticeship Programs. The City, the Contractors, the Trades Council, Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 27 and the Unions will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry which will help prepare them for entry into Apprenticeship Programs. Apprentices, if utilized, must be enrolled in a California Apprenticeship Council-approved Apprenticeship Program.
15.2 Use of Apprentices.
a) The Unions and Contractors agree to cooperate in referring and employing Apprentices up to the maximum percentage allowed by the State Labor Code and the standards of each Joint Labor-Management Apprenticeship Program. The minimum ratios for Apprentice to journeyperson hours worked shall, at a minimum, comply with the applicable provisions of the California Labor Code relating to utilization of Apprentices. City, unless otherwise required by law, shall encourage such utilization, and both as to Apprentices and the overall supply of experienced workers, the Project Labor Coordinator will work with the Council, Apprenticeship Programs, and Contractors to assure appropriate and maximum utilization of Apprentices and the continuing availability of both Apprentices and journeypersons.
b) The Parties and Contractors will comply with all applicable laws and regulations in the request for dispatch and employment of Apprentices. c) The Parties agree that Apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeyperson or other Contractor employee working on the Covered Project where the Apprentice is to be employed who is qualified to assist and oversee the Apprentice’ s progress through the Apprenticeship Program in which he/she is participating.
ARTICLE 16. WORK OPPORTUNITIES PROGRAM
16.1 Intent. The Parties to this Agreement support the development of increased numbers of skilled construction workers from among residents of the City and San Diego County to meet the labor needs of Covered Projects specifically and the requirements of the local construction industry generally.
Towards that end, the Parties agree to cooperate respecting the establishment of a Work Opportunities Program for Local Residents, the primary goals of which shall be to maximize construction work opportunities for Local Residents. In furtherance of the foregoing, the Unions specifically agree to:
a) Support a pre-apprenticeship program for Local Residents, including students, whereby residents will be trained in a pre-apprenticeship skill to enable them to gain employment/training within the signatory Unions; and b) Encourage the referral and utilization, to the extent permitted by law and hiring hall practices, of qualified Local Residents as journeymen, apprentices, and trainees on Covered Projects and entrance into such qualified apprenticeship and training programs as may be operating by signatory Unions. c) The Unions shall assist Local Residents in contacting the pre-apprenticeship program for the crafts and trades they are interested in. The Unions shall assist Local Residents who are seeking Union jobs on the Covered Projects and Union membership in assessing their work experience and giving them credit for verifiable past experience in their relevant craft or trade, including experience Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 28 gained working for non-union Contractors. The Unions shall put on their rolls qualified bona fide Local Residents for work on the Covered Projects. d) Upon request, the Council shall make progress reports to the City on the Work Opportunities Program, including the number and employment disposition of Local Resident applicants who have been contacted, recruited, and participated in the Work Opportunities Program through their outreach efforts. This report shall identify individuals from traditionally underrepresented groups.
ARTICLE 17. HELMETS TO HARDHATS
17.1 Veterans Entry into Building and Construction Trades. The Parties recognize a desire to facilitate the entry into the building and construction trades of Veterans who are interested in careers inthe building and construction industry. The Contractors and Unions agree to utilize the services of the Center and the Center’ s “ Helmets to Hardhats” program as a resource for preliminary orientation, assessment and construction aptitude, referral toapprenticeship programs or hiringhalls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties.
17.2 Integrated Database. The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of Veterans interested in working on the Covered Projects and of apprenticeship and employment opportunities for the Covered Projects.
ARTICLE 18. PRE-JOB CONFERENCE
18.1 Pre-Job Conference Required. Each Contractor is required to conduct a pre-job conference with the Unions, not later than fourteen (14) calendar days prior to commencing the Covered Work. The purpose of the pre-job conference will be to, among other things, convey craft workforce needs, the schedule of Covered Work, Covered Project work rules, and propose preliminary Union work assignments.
The Project Labor Coordinator may work with the Prime Contractor and Trades Council to facilitate the scheduling of all pre-job conferences, but ensuring each Contractor conducts a pre-job conference in accordance with this Agreement is the responsibility of the Prime Contractor. All preliminary Union work assignments shall be disclosed by each Contractor at a pre-job conference. Should there be work within the scope of a Covered Contract for a Covered Project that was not previously assigned a pre-job conference, or additional work be added to the scope of a Covered Project, the Contractor(s) performing such Covered Work will conduct a separate pre-job conference. Any Union in disagreement with a proposed assignment shall notify the affected Contractor of its position in writing, with a copy sent to the Project Labor Coordinator, within seven ( 7) calendar days after the pre-job conference occurred. Within seven ( 7) calendar days after the period allowed for Union notices of disagreement with the Contractor’ s proposed assignments, but prior to the commencement of any Covered Work, the Contractor shall make final assignments in writing with copies sent to the Project Labor Coordinator and Trades Council.
18.2 Failure to Conduct. A Contractor’ s failure to conduct a pre-job conference in accordance with this Agreement is considered a breach of contract, and any affected Union may pursue a grievance pursuant to Article 11 of this Agreement to seek a remedy for such a violation. Provided, however, if the Contractor has conducted a pre-job conference in accordance with this Agreement, that Contractor is not required to participate in any additional pre-job conferences or mark-up meetings related to the original scope(s) of Covered Work assigned at the pre-job conference.
18.3 Project Labor Coordinator Participation. The Project Labor Coordinator may attend and facilitate each pre-job conference. At each pre-job conference, the Project Labor Coordinator shall address Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 29 the programs, goals, and outcomes related to Local Resident employment, as well as the progress of implementing the Work Opportunities Program.
ARTICLE 19. LABOR/MANAGEMENT AND COOPERATION
19.1 Labor/Management Collaboration Meetings. The Parties will conduct periodic labor/management collaboration meetings, which will be chaired jointly by a designee of the City and a designee ofthe Trades Council. Theco-chairs shall determine thefrequency and scheduling ofthe meetings with the assistance of the Project Labor Coordinator. The purpose of the meetings shall be to update the Parties regarding the progress and schedule of Covered Projects, promote harmonious and stable labor management relations, ensure effective and constructive communication between labor and management Parties, advance the proficiency of work in the industry, and to evaluate and ensure an adequate supply of skilled labor for all Covered Projects. The Project Labor Coordinator shall prepare reports detailing the outcomes of the Local Resident and Apprentice utilization goals on each Covered Project, and the implementation and progress of the Work Opportunities Program. All Parties will be invited to attend the labor/management collaboration meetings. Substantive grievances or disputes shall not be reviewed or discussed at such meetings but shall instead be processed pursuant to the appropriate provisions of this Agreement.
ARTICLE 20. LEGAL ACTION
20.1 Legal Action. City, Trades Council, and Unions recognize the substantial legal costs including all attorney’ s fees and associated disbursements) that might accrue with regard to any legal challenge over this Agreement and related to claims directly challenging the legality of this Agreement, or a particular section or language that has been adopted herein. In the event of a legal challenge, the Trades Council, on behalf ofitself and affiliated Unions, agrees to seek to intervene inthelegal action and actively participate in the litigation or other action to defend the legality of this Agreement, or a particular section or language herein. The failure of the Trades Council to seek to intervene in the legal action and actively participate to defend the legality of this Agreement will constitute a material breach of this Agreement. In the event the Trades Council is denied leave to intervene in the legal action, the Trades Council shall have its counsel coordinate with counsel for the City, at the Trades Council’ s sole expense, regarding how the Trades Council can best support City’s legal position.
ARTICLE 21. SAVINGS AND SEVERABILITY
21.1 Savings Clause. It is not the intention of the City, the Project Labor Coordinator, the Contractor, or the Union Parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or voidas being incontravention of any applicable law orregulation, theremainder ofthe Agreement shall remain infull force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity withtherequirements of any applicable laws and then intent ofthe Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation ofthis Agreement, then the Parties agree that all Covered Projects that would otherwise be covered by this Agreement should continue to be bid and constructed without application ofthis Agreement so that there is no delay or interference with the ongoing planning, bidding, and construction of any Covered Project.
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 30 21.2 Effect of Injunctions or Other Court Orders. The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization ofthe Agreement as part of any bid specification, should a court of competent jurisdiction issue any order, or any applicable statute that could result, temporarily or permanently, in the delay of the bidding, awarding, and/or construction of the Covered Project.
ARTICLE 22. WAIVER
22.1 Waiver. A waiver of, or a failure to assert, any provision of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision inthe future. Any such waiver shall not constitute a modification of this Agreement or a change in the terms and conditions of this Agreement, and shall not relieve, excuse, or release any of the Parties from any of their rights, duties, or obligations hereunder.
ARTICLE 23. AMENDMENTS
23.1 Amendments. The provisions of this Agreement can be renegotiated, supplemented, rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by the City and the Trades Council.
ARTICLE 24. MISCELLANEOUS PROVISIONS
24.1 Construction. The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only and carry no legal significance.
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Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 1 IN WITNESS WHEREOF, this Project Labor Agreement is executed as of the day and year first set forth above.
CITY OF CHULA VISTA, a California charter SAN DIEGO COUNTY BUILDING AND city and municipal corporation CONSTRUCTION TRADES COUNCIL,
AFL-CIO
By: By:
Maria V. Kachadoorian Carol Kim
City Manager Business Manager
ATTEST:
By:
Kerry Bigelow
City Clerk
APPROVED AS TO FORM:
By:
Marco A. Verdugo
City Attorney
Signatures continue on following page]
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1
IGNATORY UNIONS
By:
Teamsters Local 481
Docusign Envelope ID: B5C56639- 764A- 4A26-90EE-CF761E339AF2 32 Docusign Envelope ID: F2B1A451- 4B15- 4EEA-B618-612264FE68C1 A-1
EXHIBIT A – LETTER OF ASSENT
To be signed by all Contractors awarded Covered Work prior to commencing work.
Contractor’ s Letterhead]
DATE
Project Labor Coordinator
Address
Address
Address
Attention:
Re: City of Chula Vista Project Labor Agreement
This Letter of Assent confirms that [ Name of Company] agrees to be party to and bound by the City of Chula Vista Project Labor Agreement, effective , 2024, as such agreement may be amended from time to time by the Parties or interpreted pursuant to its terms (the “ Agreement”). Capitalized terms used herein without definition shall have the meanings assigned to them in the Agreement. Such obligation to be a Party and bound by this Agreement shall extend to all Covered Work undertaken by this Contractor on the Covered Project pursuant to [Contract No. ], and Contractor shall require all of its subcontractors of all tiers to be similarly bound for all Covered Work by signing and furnishing you an identical Letter of Assent prior to their commencement of the Covered Work.
Sincerely,
Name of Company]
By:
Name and Title of Authorized Executive]
Copies of this Letter of Assent must be submitted to the Project Labor Coordinator and to the Trades Council consistent with Section 2.5(b)]
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 B-1
EXHIBIT B – WORKFORCE DISPATCH REQUEST FORM
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 Project LaborAgreement
City of Chula Vista PLA Workforce Dispatch Request Form Page 1 of 2 Workforce Dispatch Request Form
The City of ChulaVistaProject LaborAgreement (“PLA”) establishes a goal of at least ifty percent (50%) of the total craft hours on eachCoveredProject being performed byLocalHiresand at least thirtypercent (30%) of the total crafthourson eachCovered Project being performed by Disadvantaged Workers. The Unions and Contractors agree that Local Hires and Disadvantaged Workers shall be irstreferred for CoveredProjects when requested through use of thisWorkforce Dispatch Request Form.
CONTRACTOR USE ONLY Please complete and fax/ email this form to the applicable union to request craft workers that ful illthe hiring requirements for this project. After faxing/ emailing your request, please call the local union to verify receipt and substantiate their capacity to furnish workers as speci ied below. Please print and retain copies of your fax or email transmission for your records.
TO:
CC:
FROM:
Craft Classi ication JP APP * ** JP APP * ** JP APP * ** JP APP * ** JP APP * ** In accordance with PLA Article 4, Union Recognition and Employment, we are requesting the union: * Please provide priority referral of Local Hires, based on zip code residence, as described on the following page.** orreferral Please provide priority referral of Disadvantaged Workers, to the extent such status is known by the hiring hall source. See list of criteria on the following page.
WORKER REPORTING INSTRUCTIONS:
Reporting Date: Reporting Time:
Reporting To: On-Site Phone:
Project Name:
Project Location:
Special Instructions:
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Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 City of Chula Vista PLA Workforce Dispatch Request Form Page 2 of 2 UNION USE ONLYPlease complete the “Union Use Only” section and fax or email both pages to the requesting Contractor and Project Labor Coordinator.
Date Dispatch Received:
Dispatch Received by:
Date Worker( s) Dispatched:
JP APP Tier 1 Tier 2 No Yes No JP APP Tier 1 Tier 2 No Yes No JP APP Tier 1 Tier 2 No Yes No Tier 1 Tier 2 No Yes No JP APP Tier 1 Tier 2 No Yes No JP APP Tier 1 Tier 2 No Yes No* theUnion, PLEASE NOTE: By marking the “No” box for either the “Local Hire” or “Disadvantaged Worker” categories, you are certifying on behalf of that the Union has exhausted all reasonable efforts to locate and dispatch such Local Hire or Disadvantaged Worker. A Tier 1 Local Hire is an individual domiciled in ChulaVista, CA. Below is a list of zip codes within ChulaVista, CA. 91902A 91910 5
Tier 2Local Hire isan individual domiciled inSanDiegoCounty, CA, outsideChulaVista, CA. Below isa listofzip codeswithin San Diego County, CA, excluding ChulaVista, CA. 91901 91905 91906 91916 919359194591950919629196391980 92003920049200792008920099201092011920149201992020920219202492025920269202792028920299203692037920409205492055920569205792058920599206092061920649206592066920679206992070920719207592078920819208292083920849208692091920939209692101921029210392104921059210692107921089210992110921159211692120921236921269213092135921369214092145921549215592161922599253692672A Disadvantaged Worker isaVeteran residing anywhereOR an individual domiciled inaDisadvantagedArea*** thatalsomeets one or more of the following conditions at the initial time of their employment on a Covered Project: 1. has no high school diploma or general education diploma (GED); 2. is homeless or has been homeless within the last12 months; 3. is a former foster youth; 4. is a custodial single parent; 5. is experiencing protracted unemployment (receiving unemployment bene its for at least three (3) months; 6. is a current recipient of government cash or food assistance bene its; 7. hasandHuman a document income at or below 100% of the Federal Poverty Level, as de ined by the department of Health or8. Services; is formerly incarcerated. Disadvantaged Area zip codes located in Chula Vista, CA include 91910 and 91911. A complete list of San Diego County Disadvantaged Area zip codes can be found here: www.sandag.org/ cba This form is not intended to replace a Union’ s Dispatch or Referral Form normally given to the employee when being dispatched to the jobsite.)
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Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 C-1
EXHIBIT C - COUNCIL POLICY 160-03 (DISABLED VETERANS AND SMALL BUSINESS
ENTERPRISE PROGRAM)
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DISABLED VETERANS AND SMALL
BUSINESSENTERPRISE PROGRAM
POLICY
NUMBER
160-03
EFFECTIVE
DATE
12/6/2016
ADOPTED BY: Resolution No. 2016- 265 I DATED: 12/6/2016 AMENDED BY: Resolution No. (date ofresolution)
BACKGROUND
PAGE
1 OF4
Disabled Veterans have made immeasurable sacrifices to protect the citizens of this country. These sacrifices have not gone unnoticed. The State and various local agencies, whether city or county, have enacted certain programs to assist Disabled Veterans and provide them with opportunities to participate in the procurement of State and local contracts. Such programs are called " Disabled Veterans Business Enterprise" programs. Similar programs also exist for small businesses. Small businesses tend to be economic drivers of local economies, so their growth is an important aspect of the success and growth of communities. However, small businesses often don' t have sufficient understanding of government contracting practices to participate in a meaningful way in the government contracting process, so agencies have established " Small Business Enterprise" programs.
PURPOSE
It is the purpose of this Council Policy to establish a Disabled Veterans Business Enterprise and Small Business Enterprise Program to facilitate and encourage the participation of Disabled Veterans Business Enterprises ( DVBEs) and Small Business Enterprises ( SBEs) in City contracting through the establishment of DVBE and SBE participation goals. By including DVBE and SBE participation goals in City contracts, the City will be able to ensure that DVBEs and SBEs are provided with the opportunities, information, and encouragement to participate in City procurement.
POLICY
The City of Chula Vista has the authority to establish and adopt such a policy pursuant to the Charter of the City of Chula Vista. It is the policy of the City of Chula Vista to encourage the utilization and participation of DVBEs and SBEs in City procurements whenever practical and appropriate. To this end and to the extent not in conflict with other laws, the City Council, through this Policy, establishes a three- percent ( 3%) DVBE and three- percent ( 3%) SBE participation goal for all City contracts within the scope of this policy and authorizes the City Manager or his/her designee to establish procedures to implement this policy.
I. Scope
A. General Application: Excepting those contracts identified in subsection B, below, this policy shall apply to all ( 1) agreements, contracts, and purchase orders for commodities, services, supplies, or equipment awarded in accordance with Chula Vista Municipal Code § 2.56; and ( 2) Public Works contracts awarded in accordance with City Charter § 1009, provided such contracts are fundedto the extent of50% or more of their total costs fromCity funds.
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Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DISABLED VETERANS AND SMALL
POLICY
EFFECTIVE
BUSINESS ENTERPRISE PROGRAM
NUMBER
DATE PAG
160- 03 12/ 6/ 2016 2 OF 4
ADOPTED BY: Resolution No. 2016- 265 DATED: 12/ 6/ 2016 AMENDED BY: Resolution No. ( date of resolution)
B. Exceptions: this Policy shall not apply to:
1. Sole Source contracts.
2. Contracts necessitated by an emergency.
3. Contracts for which the Awarding Authority has determined that compliance with this Policy would be Impractical or Impossible.
4. Transfers of any interest in real or personal property, including leases.
5. Agreements or memorandums of understanding with another government agency.
6. Contracts with a private, nonprofit organization.
7. With respect to DVBE participation, contracts where the prime contractor on the contract is a DVBE.
8. With respect to SBE participation, contracts where the prime contractor on the contract is an SBE.
9. With respect to DVBE participation, all public works contracts where the procuremep, complies with any applicable federal or state DVBE requirements.
10. With respect to SBE participation, all public works contracts where the procurement complies with any applicable federal or state SBE requirements.
11. Public works contracts of less than $ 100, 000.
12. Cooperative or joint purchases in accordance with CVMC § 2. 56. 020( H)
13. When compliance with this Policy would conflict with requirements imposed by the federal or state government relating to the receipt or use of federal or state funds.
14. Contracts for commodities, services, supplies, or equipment of $100, 000 or less that are based on market rates awarded in accordance with CVMC § 2. 56. 090( B)( 2)
15. Where application of this Policy would conflict with any restrictions imposed on grant or donated funds.
16. Public Works Contracts in which Minority Business Enterprise ( MBE), Woman - Owned Business Enterprise ( WBE), and/ or Underutilized Disadvantaged Business Enterprise UDBE) goals are required by state or federal government entity.
Il. Definitions:
1. Awarding Authority" shall mean the body or individual granted the authority by the Chula Vista Charter or the CVMC to award a contract.
2. Disabled Veterans Business Enterprise" or " DVBE" shall have the same meaning as in California Military and Veterans Code § 999( b)( 7).
3. akeGo
Goal" shall mean a numerically expressed objective that contractors are required to mak,- C-3
Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DISABLED VETERANS AND SMALL
POLICY
EFFECTIVE
BUSINESS ENTERPRISE PROGRAM
NUMBER
DATE PAGE
160- 03 12/ 6/ 2016 3 OF 4
ADOPTED BY: Resolution No. 2016- 265 DATED: 12/ 6/ 2016 AMENDED BY: Resolution No. ( date of resolution)
4. " Good Faith Efforts" shall mean those efforts taken to solicit the participation of DVBE and SBE bidders in the City' s procurement process, including, but not limited to: ( a) regular outreach to DVBEs and SBEs by City and prime contractors; ( b) providing information and training, if requested, on how DVBEs and SBEs may participate in the City' s procurement process, either as a prime contractor or as a subcontractor ( c) contacting DVBEs and SBEs via telephone, FAX, or other means to solicit said DVBEs' and SBE' s participation in the bidding and procurement opportunities; ( d) maintaining a list of DVBEs and SBEs willing and able to provide commodities, services, supplies, or equipment; ( e) incorporating competitive DVBE and SBE bid proposals in prime contractor' s bid; ( f) demonstrating and documenting that such efforts were taken to solicit bids from DVBEs and SBEs..
5. " Impracticality" or " Impossibility" shall mean that the there are no known DVBEs or SBEs that are willing or able to provide specific commodities, services, supplies, or equipment.
6. " Public Works" shall mean the construction, reconstruction, or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds, or other public capital facilities, and the supplies, materials, equipment or other contractual services for same.
7. " Small Business Enterprise" or " SBE" shall have the same meaning as in California Government Code § 14837( d)( 1).
III. General Requirements for Prime Contractors
A. Subject to any contrary provisions of state or federal law, where a prime contractor intends to use subcontractors on any contract within the scope of this policy as described in Section I, Scope," above, and the procurement is not exempt from participation, the prime contractor shall make Good Faith Efforts to meet or exceed the Goals of 3% DVBE and 3% SBE subcontractor participation.
B. Participation Calculation:
1. Except for " As Needed" contracts, such as job/ task order contracts, the percentage of the relevant participation goal ( DVBE or SBE) shall be calculated by taking the aggregate value of all DVBE subcontracts to determine DVBE participation and SBE subcontracts to determine SBE participation to be used on the project as a percentage of the total value of each such contract.
2. " As Needed" contract participation percentage calculation shall be based on value of each task order. Prime contractors subject to the participation requirements shall submit a DVBE and SBE subcontractor utilization plan for City' s review and approval prior to commencing work.
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Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DISABLED VETERANS AND SMALL
POLICY
EFFECTIVE
BUSINESS ENTERPRISE PROGRAM
NUMBER
DATE PAGE
160- 03 12/ 6/ 2016 40174
ADOPTED BY: Resolution No. 2016- 265 DATED: 12/ 6/ 2016 AMENDED BY: Resolution No. ( date of resolution)
IV. Establishment and Issuance of Guidelines for the Implementation of the DVBE and SBE Program.
A. The City Manager, in consultation with the affected departments, shall establish administrative guidelines for the implementation of the DVBE and SBE Program. The guidelines shall include, at a minimum:
1. An explanation of procedures, processes, and/ or actions that a contractor may perform to satisfy the Good Faith Efforts requirement of the DVBE and SBE Program.
2. The method of documenting a contractor' s Good Faith Efforts to comply with the DVBE and SBE Program goals of 3% DVBE and 3% SBE participation.
3. Documentation to be supplied to bidders to inform them of their obligations for and the manner of compliance with the DVBE and SBE Program.
4. Forms on which the City staff reviewing bids shall identify how a bidder has complied w' or failed to comply with the requirements of the DVBE and SBE Program.
5. Description of the protest process for those lowest bidders that have been determined by the City to be non- responsive based on the guidelines issued in accordance with this Policy.
B. The City Manager' s administrative guidelines may differ depending on the nature of the contract ( i.e. public works, equipment, materials, or services).
V. Failure to Demonstrate " Good Faith Efforts":
A. A bidder that fails to demonstrate " Good Faith Efforts" to meet the DVBE and SBE participation percentage may be considered " nonresponsive" and an award shall be made to the next lowest responsible and responsive bidder that complies with this policy.
B. The Awarding Authority, as determined by the City Charter and/ or the CVMC, may waive the DVBE and/ or SBE requirement if it finds that enforcement of the DVBE and/ or SBE requirement would preclude meaningful competition among vendors or that compliance will not be in the public interest.
VI. Effective Date of Policy. This Policy shall go into effect thirty ( 30) calendar days following the adoption of the administrative guidelines by the City Council.
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Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 D-1
EXHIBIT D – DRUG AND ALCOHOL TESTING POLICY
The Parties recognize the problems that drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the workplace and to maintain a drug and alcohol-free work environment, individual Contractors shall require applicants or employees to undergo drug and alcohol testing in accordance with this PLA and this policy, Exhibit D – Drug and Alcohol Testing Policy, hereafter the “Policy.”
1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession of or consuming alcohol is absolutely prohibited while employees are on the Contractor’ s job premises or while working on any jobsite in connection with work performed under the PLA.
2. No Contractor may implement a drug and alcohol testing program that does not conform in all respects to the provisions of this Policy.
3. No Contractor may implement drug and alcohol testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Prime Contractor's project manager. Said notice shall be provided at the pre-job conferences for each Covered Project.
Failure to give such notice shall make any drug and alcohol testing engaged in by the Contractor a violation of the Agreement and subject to the Article 11 grievance procedure.
4. A Contractor who elects to implement drug and alcohol testing pursuant to this Policy shall require all craft employees on the Covered Project to be tested. With respect to individuals who become employed on the Covered Project subsequent to the proper implementation of a valid drug and alcohol testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to proper implementation of a valid drug and alcohol testing program may only be subjected to testing for the reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.
5. The following procedure shall apply to all drug and alcohol testing:
a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union business representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or Docusign Envelope ID: F2B1A451- 4B15-4EEA-B618-612264FE68C1 D-2
employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. A Contractor may request an applicant or employee promptly, within four (4) hours of the Contractor’ s request, perform an alcohol breathalyzer test at a certified laboratory only, and cutoff levels shall be those mandated by applicable state or federal law. c. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography/Mass Spectrometry GC/MS). Cutoff levels for both the initial test and confirmation test 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 D-3
2) The Contractor may test employees following thirty ( 30) days' advance written notice to the employee( s) to be tested and to the applicable Union. Notice to the applicable Union shall be sent by certified mail to the affected Union with a copy to the Project Labor Coordinator. Such testing shall be pursuant to the procedures stated hereinabove.
3) The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment ( e.g., slurred speech, unusual lack of muscular coordination). Such behavior must be actually observed by at least two 2) persons, one ( 1) of whom shall be a supervisor who has been trained to recognize the symptoms of drug and alcohol abuse or impairment 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 D-4
7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee' s ability to perform work, is a basis for the Contractor to remove the employee from the jobsite.
8. Any grievance or dispute that may arise out of the application of this Policy shall be subject to the grievance and arbitration procedures set forth in the PLA.
9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule, or regulation. Should any part of this Policy be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Parties, the remaining portions of the Agreement shall be unaffected, and the Parties shall enter negotiations to replace the affected provision.
10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’ s expense. When such program has been successfully completed, the Contractor shall not discriminate in any way against the employee. If work for 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 D-5
SPECIMEN REPORTING CRITERIA
Initial Test Analyte Initial Test Cutoff 1 Confirmatory Test Analyte
Confirmatory Test Cutoff
Concentration
Marijuana metabolites
THCA)2 50 ng/ml 3 THCA 15 ng/ml
Cocaine metabolite
Benzoylecgonine) 150 ng/ml 3 Benzoylecgonine 100 ng/ml
Codeine/
Morphine 2000 ng/ml Codeine Morphine 2000 ng/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 D-6
MEMORANDUM OF UNDERSTANDING REGARDING
QUICK” DRUG SCREENING TESTS PURSUANT TO
EXHIBIT D – DRUG AND ALCOHOL TESTING POLICY
It is hereby agreed between the Parties hereto that a Contractor who has otherwise properly implemented drug and alcohol testing, as set forth in the Policy, shall have the right to offer an applicant or employee a " quick" drug screening test. This “ quick” screen test shall consist either of the “ ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.
An applicant or employee who selects one of the " quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the " quick" screen test, or who rejects the " quick" screen tests, shall be tested pursuant 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 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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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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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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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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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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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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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..
City of Chula Vista Agreement No.: 2026- 214
Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026
EXHIBIT G
COST PROPOSAL
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
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 ($)
CRA FEE PROPOSAL SCHEDULE:
F Street Promenade Ph 1 - Final Design
April 22, 2026
BASE COST
Principal
Senior Engineer
3 Senior Engineer
2 Senior Engineer
1 Assoc Engineer
2 Assoc Engineer
1 Engineer 3 Engineer 2 Engineer 1 Project Controls
379. 29$ 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 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 Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin # 25-07 R3
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
For Local Assistance Federal- Aid Projects)
NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE,
EXCEPT ARTICLE XXXII TITLE VI ASSURANCES ( APPENDICES A AND E MUST BE PHYSICALLY INCLUDED,
UNMODIFIED, IN ANY FEDERAL- AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL- AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.
THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.
THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE- ONLY FUNDED CONTRACTS AS WELL.
Note: italic text within brackets throughout the Articles is intended for instructional purposes only]
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION ................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS .................................................................... 4 ARTICLE III STATEMENT OF WORK .................................................................................................. 4 ARTICLE IV PERFORMANCE PERIOD................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS .......................................................................... 6 ARTICLE VI TERMINATION ............................................................................................................... 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS .................................. 11 ARTICLE VIII RETENTION OF RECORD/ AUDITS ............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES .................................................................................... 12 ARTICLE X SUBCONTRACTING ....................................................................................................... 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ........................... 15 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................ 16 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ...................... 20
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE .................. 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION ................................................. 22 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES ( DBE) PARTICIPATION................. 22 ARTICLE XIX INSURANCE ................................................................................................................ 28 ARTICLE XX FUNDING REQUIREMENTS ......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS .................................................................................................... 29 Local Assistance Procedures Manual Exhibit 10-R
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ARTICLE XXII CONTINGENT FEE ..................................................................................................... 30 ARTICLE XXIII DISPUTES .................................................................................................................. 30 ARTICLE XXIV INSPECTION OF WORK ........................................................................................... 30 ARTICLE XXV SAFETY ...................................................................................................................... 31 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................. 31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR ............ 32 ARTICLE XXVIII CONFIDENTIALITY OF DATA ................................................................................. 32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION .................................... 33 ARTICLE XXX EVALUATION OF CONSULTANT .............................................................................. 33 ARTICLE XXXI PROMPT PAYMENT .................................................................................................. 33 ARTICLE XXXI TITLE VI ASSURANCES ........................................................................................... 34 ARTICLE XXXII NOTIFICATION ......................................................................................................... 38 ARTICLE XXXIII CONTRACT ............................................................................................................. 39 ARTICLE XXXIV SIGNATURES ......................................................................................................... 39 Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
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ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The name of the “LOCAL AGENCY” is as follows:
NAME)
The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’ s Cost Proposal dated ( DATE). The approved CONSULTANT’ s Cost Proposal is attached hereto ( Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person( s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT ( including CONSULTANT' s employees) is an independent contractor and that no relationship of employer- employee exists between the Parties hereto. CONSULTANT' s assigned personnel shall not be entitled to any benefits payable to employees of LOCAL AGENCY.
E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT' s assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third party person( s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against LOCAL AGNECY based upon any contention by any third party that an employer- employee relationship exists by reason of this AGREEMENT.
Local Assistance Procedures Manual Exhibit 10-R
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G. Except as expressly authorized herein, CONSULTANT' s obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from LOCAL AGENCY under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.
H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’ s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT’ S REPORTS OR MEETINGS
Choose either Option 1 or Option 2]
Option 1 - Use paragraphs A & B below for standard AGREEMENTs] A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’ s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’ s Project Manager shall meet with LOCAL AGENCY’ s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
Option 2 - Use paragraphs A & B below for on-call AGREEMENTs] A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’ s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’ s Project Manager shall meet with LOCAL AGENCY’ s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).
ARTICLE III STATEMENT OF WORK
Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services
Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent Local Assistance Procedures Manual Exhibit 10-R
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uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included.
Describe acceptance criteria, and if the responsible CONSULTANT/ engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number.
Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).] B. Right of Way
State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished.]
C. Surveys
State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.]
D. Subsurface Investigations
State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.] E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.
F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.
G. Checking Shop Drawings
For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’ s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.
I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.
Local Assistance Procedures Manual Exhibit 10-R
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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.
Local Assistance Procedures Manual Exhibit 10-R
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C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’ s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’ s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty ( 30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty ( 60) calendar days after completion of CONSULTANT’ s work. Invoices shall be mailed to LOCAL AGENCY’ s Contract Administrator at the following address:
LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
ADDRESS)
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $( Amount).
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
Option 2 - For Cost per Unit of Work Agreements, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project].
A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.
B. The specified rate to be paid for vehicle expense for CONSULTANT’ s field personnel shall be Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle( s) specified in Local Assistance Procedures Manual Exhibit 10-R
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Office Bulletin # 25-07 R3
Article III Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal.
C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs ( including labor costs, employee benefits, travel, equipment- rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment.
Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements ( such as oncall Agreements). This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection.]
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’ s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty ( 30) days upon receipt by LOCAL AGENCY’ S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred ( actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’ s approved Cost Proposal.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin # 25-07 R3
CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. [ Local Agency to include either (a) or (b) below; delete the other one] a) Reimbursement for transportation and subsistence costs shall not exceed State rates. b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’ S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty ( 30) days upon receipt by LOCAL AGENCY’ S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty ( 30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’ s Contract Administrator at the following address:
NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin # 25-07 R3
O. Task Orders may not be used to amend the language ( or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ ( Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
Option 4 - Use paragraphs A through E below for lump sum agreements.
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’ S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.
D. CONSULTANT will be reimbursed within thirty ( 30) days upon receipt by LOCAL AGENCY’ S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty ( 30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty ( 60) calendar days after completion of CONSULTANT’ s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’ s Contract Administrator at the following address:
LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $( Amount).
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Office Bulletin # 25-07 R3
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by LOCAL AGENCY by virtue of any breach of this AGREEMENT by CONSULTANT, and LOCAL AGENCY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due LOCAL AGENCY from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/ AUDITS
For the purpose of determining compliance with Gov. Code § 8546. 7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’ s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three ( 3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three ( 3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’ s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language