cc 2026 AR 04/14 cip 8384 sustainable mobility plan award of contract — Vista City Council, April 14, 2026 (part 3 of 3)

CIP No. 8384 – Addendum 1

January 6, 2026

ADDENDUM NO. 1

To the RFP for:

CITY OF VISTA SUSTAINABLE MOBILITY PLAN (CIP No. 8384)

City of Vista
200 Civic Center Drive
Vista, CA 92084-6240

To All RFP Document Holders of Record: All data, information, scope, term, concepts and proposal directives remain unchanged except the sections or parts of sections added to, revised, deleted or clarified by this Addendum as detailed below.

CHANGES TO THE REQUEST FOR PROPOSAL DOCUMENTS AND TERMS

1. On page 6, under Section VI: PROPOSAL, REQUIREMENTS, change the first paragraph to read:

In order to maintain uniformity with all proposals furnished by Consultants, it is hereby requested the proposals be limited to a maximum of fifteen (15) pages (excluding front and back covers, section dividers, Cover Letter, Fee Proposal, Work Schedule, sample Work Product, and resumes).

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ADDENDUM NO. 1
Sustainable Mobility Plan

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CIP No. 8384 – Addendum 1
Prospective Bidders shall acknowledge their receipt of this Addendum No. 1 and its incorporation into the bid submitted by executing this document in the designated space below and submitting this document with their bid:

I hereby acknowledge that I have received Addendum No. 1 and its provisions have been incorporated into the attached bid proposal.
____________________________________________________________ By Date
____________________________________________________________ Company
Megan R. Ulery, PE, Vice President - 1/29/2026
Kimley-Horn and Associates, Inc.
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ADDENDUM NO. 2
Sustainable Mobility Plan

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CIP No. 8384 – Addendum 2

January 8, 2026

ADDENDUM NO. 2

To the RFP for:

CITY OF VISTA SUSTAINABLE MOBILITY PLAN (CIP No. 8384)

City of Vista
200 Civic Center Drive
Vista, CA 92084-6240

CHANGES TO THE REQUEST FOR PROPOSAL DOCUMENTS AND TERMS

1. On page 13, under Consultant Project Tasks, Task 7.1: Caltrans Grant Invoicing and Reporting, add the following sentence to the first paragraph:

The final executed Caltrans Sustainable Communities Grant agreement is attached, as “Addendum 2, Caltrans Sustainable Communities Grant”. All work undertaken on this project must meet the terms and requirements in this attachment.

Addendum 2, Attachment 1: Caltrans Sustainable Communities Grant Agreement

2. On page 13, under Consultant Project Tasks, Task 7.2: SANDAG Grant Invoicing and Reporting, add the following sentence to the first paragraph:

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ADDENDUM NO. 2
Sustainable Mobility Plan

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CIP No. 8384 – Addendum 2
The draft SANDAG Transnet Smart Growth Incentive Program agreement is attached, as “Addendum 2, SANDAG Smart Growth Incentive Program Gram”. All work undertaken on this project must meet the terms and requirements in this attachment.

Addendum 2, Attachment 2: SANDAG Smart Growth Incentive Program Grant Agreement Template
Prospective Bidders shall acknowledge their receipt of this Addendum No. 2 and its incorporation into the bid submitted by executing this document in the designated space below and submitting this document with their bid:

I hereby acknowledge that I have received Addendum No. 2 and its provisions have been incorporated into the attached bid proposal.
____________________________________________________________ By Date
____________________________________________________________ Company
Kimley-Horn and Associates, Inc.

Megan R. Ulery, Vice President - 1/29/2026
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ADDENDUM NO. 3
Sustainable Mobility Plan

Page 1 of 1 ends

CIP No. 8384 – Addendum 3
January 8, 2026
ADDENDUM NO. 3
To the RFP for:

CITY OF VISTA SUSTAINABLE MOBILITY PLAN (CIP No. 8384)
City of Vista
200 Civic Center Drive
Vista, CA 92084-6240
To All RFP Document Holders of Record: All data, information, scope, term, concepts and proposal directives remain unchanged except the sections or parts of sections added to, revised, deleted or clarified by this Addendum as detailed below.

CHANGES TO THE REQUEST FOR PROPOSAL DOCUMENTS AND TERMS On RFP page 12, under Section XV: Estimated Timeline, replace line 2, Deadline for Questions, with the following:

Deadline for Questions January 13, 2026, at 4:00 PM
Prospective Bidders shall acknowledge their receipt of this Addendum No. 3 and its incorporation into the bid submitted by executing this document in the designated space below and submitting this document with their bid:

I hereby acknowledge that I have received Addendum No. 3 and its provisions have been incorporated into the attached bid proposal.
____________________________________________________________ By Date
____________________________________________________________ Company
Megan R. Ulery, Vice President - 1/29/2026
Kimley-Horn and Associates, Inc.
04/14/2026 C4 246 of 277

ADDENDUM NO. 4
Sustainable Mobility Plan

Page 1 of 3 ends

CIP No. 8384 – Addendum 4
January 14, 2026
ADDENDUM NO. 4
To the RFP for:

CHANGES TO THE REQUEST FOR PROPOSAL DOCUMENTS AND TERMS

1.On RFP Page 5, under Section VI, Proposal, replace the first sentence with the following:

A Notice to Proceed for this project is anticipated to be issued in April 2026.

2.On RFP page 6, under Section VI. Proposal: Requirements, replace the first sentence with the following:

ADDENDUM NO. 4
Sustainable Mobility Plan

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CIP No. 8384 – Addendum 4
Schedule, sample Work Products, Statement of Financial Responsibility, and resumes).

3. On RFP page 7, under Section VI. Proposal: 2. Statement of Qualifications, replace subsection 3 with the following:

e. A list of similar projects or plans completed by the firm or team members within the last five (5) years. Include the project name; project description; location; role and level of involvement of the prime firm as well as any sub-consultants; dates of completion; proposal cost vs. final project cost, and client references with name, phone number and email address, and

4. On SMP Scope of Services page 5, under Walking Demand Modeling, replace the third sentence with the following:

The Pedestrian Network Analysis will include a Sidewalk Inventory, a citywide Pedestrian Environmental Quality Index (PEQI) analysis for all existing and proposed sidewalk areas, and a review of prior or concurrent pedestrian plans. The City recently completed a citywide sidewalk plan that inventoried all missing sidewalk segments and ranked all locations for sidewalk implementation. This plan can be used for this task.

5. On SMP Scope of Services page 5, under Neighborhood Electric Vehicle (NEV) Analysis, add the following:

The NEV analysis shall identify neighborhoods and areas that would benefit from an NEV program. The analysis for each recommended area of operation shall also include operations and maintenance recommendations including destinations, stops, fares, and number of vehicles. The cost estimate shall include costs for establishing, operating and maintaining an NEV program.

6. On SMP Scope of Services page 5 and 6, under Baseline Survey, add the following sentence:

The baseline survey shall be a comprehensive citywide survey to obtain current public perception of transportation needs, which will inform recommendations.

The survey is not required to be statistically valid. The consultant shall design the survey, prepare it for distribution and analyze the results. The survey shall be distributed in partnership with the City. The City will assist with distribution through its existing social media channels, newsletters and meetings. 04/14/2026 C4 248 of 277

ADDENDUM NO. 4
Sustainable Mobility Plan

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CIP No. 8384 – Addendum 4

7.On SMP Scope of Services page 8, under Consultant Project Tasks, Task 2: Analysis, Priority Bicycle Projects Analysis and Concept Design, replace the last sentence in the paragraph with the following:

Each project shall have 20% conceptual engineering design and a comprehensive project cost estimate including design, permitting, right of way acquisition and construction cost.

8.On SMP Scope of Services page 8, under Consultant Project Tasks, Task 2: Analysis, Priority Pedestrian Projects Analysis and Concept Design, replace the last sentence in the paragraph with the following:

Each project shall have 20% conceptual engineering design and a comprehensive project cost estimate including design, permitting, right of way acquisition and construction cost.

9.On SMP Scope of Services page 12, under Task 5: Final Draft SMP, replace the third sentence in the paragraph with the following:

The Consultant will address two rounds of city comments prior to releasing the Draft SMP for a 30-day public review.

Prospective Bidders shall acknowledge their receipt of this Addendum No. 4 and its incorporation into the bid submitted by executing this document in the designated space below and submitting this document with their bid:

I hereby acknowledge that I have received Addendum No. 4 and its provisions have been incorporated into the attached bid proposal.
____________________________________________________________ By Date
____________________________________________________________ Company
Megan R. Ulery, Vice President - 1/29/2026
Kimley-Horn and Associates, Inc.
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ADDENDUM NO. 5
Sustainable Mobility Plan

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CIP No. 8384 – Addendum 5

January 14, 2026

ADDENDUM NO. 5

To the RFP for:

CITY OF VISTA SUSTAINABLE MOBILITY PLAN (CIP No. 8384)

City of Vista
200 Civic Center Drive
Vista, CA 92084-6240

CHANGES TO THE REQUEST FOR PROPOSAL DOCUMENTS AND TERMS

1. On RFP Page 7, under Section VI, Proposal, Requirements, 4.b Fee Proposal, replace the last sentence with the following:

The Consultant’s Standard Hourly Billing Rates for all classifications of staff likely to be involved in the project shall be included with the fee proposal along with any non-labor expenses and any subconsultant fees. Federal procurement rules do not allow mark-ups.

Prospective Bidders shall acknowledge their receipt of this Addendum No. 5 and its incorporation into the bid submitted by executing this document in the designated space below and submitting this document with their bid:

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ADDENDUM NO. 5
Sustainable Mobility Plan

Page 2 of 2 ends

CIP No. 8384 – Addendum 5
I hereby acknowledge that I have received Addendum No. 5 and its provisions have been incorporated into the attached bid proposal.
____________________________________________________________ By Date
____________________________________________________________ Company
Megan R. Ulery, Vice President - 1/29/2026
Kimley-Horn and Associates, Inc.
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The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc., protected under US copyright law.

CONTACT

AMY RESTELLI, PE (MD)
[email protected]
619.744.0143
500 La Terraza Blvd, Suite 300, Escondido, CA 92025
www.kimley-horn.com
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197.39%Overhead%Name Amy Restelli Darryl
dePencier
Adam
Dankberg
196.29%Overhead% w/o FCCM Category/Title Project Manager Principal-in- Charge QC/QA
10%Fee%Direct Rate $83.54 $85.69 $115.65 $107.74 $83.62 $67.41 $59.84 $51.92 $47.87 $40.73 Billing Rate $273.19 $280.22 $378.20 $352.33 $273.45 $220.44 $195.69 $169.79 $156.54 $133.19 Task 0 30 9 0 3 42 0 0 50 0 0 134 $ 31,749.20 $ 23,061.77 $ 8,637.22 $ 63,448.18

0.1 2 2 8 12 $ 2,465.13 $ 8,978.42 $ 299.58 $ 11,743.13

0.2 14 7 3 14 42 80 $ 17,802.69 $ 8,637.04 $ 1,340.52 $ 27,780.24

0.3 14 28 42 $ 11,481.38 $ 5,446.31 $ 6,997.12 $ 23,924.80 0 $ - $ - $ - $ - 0 $ - $ - $ - $ - Task 1 25 16 0 4 3 17 29 152 0 0 246 $ 48,773.35 $ 55,411.57 $ 670.26 $ 104,855.17

1.1 2 1 6 16 25 $ 4,865.88 $ - $ 670.26 $ 5,536.14

1.2 1 2 6 12 21 $ 4,045.23 $ - $ - $ 4,045.23

1.3 2 1 1 2 12 18 $ 3,475.88 $ - $ - $ 3,475.88

1.3A 1 2 1 4 $ 909.77 $ 10,096.93 $ - $ 11,006.70

1.3B 1 2 1 4 $ 909.77 $ 10,096.93 $ - $ 11,006.70

1.3C 4 1 11 16 $ 3,525.56 $ 30,530.36 $ - $ 34,055.92

1.3D 2 2 1 2 24 31 $ 5,937.78 $ - $ - $ 5,937.78

1.3E 1 2 1 12 16 $ 3,091.54 $ - $ - $ 3,091.54

1.3F 2 3 1 2 1 2 40 51 $ 9,689.64 $ - $ - $ 9,689.64

1.3G 1 2 1 1 8 13 $ 2,608.07 $ - $ - $ 2,608.07

1.3H 4 1 1 1 8 15 $ 3,147.43 $ - $ - $ 3,147.43

1.3I 1 1 $ 273.19 $ 4,687.35 $ - $ 4,960.54

1.4 3 3 1 1 1 2 20 31 $ 6,293.61 $ - $ - $ 6,293.61 Task 2 130 27 0 13 40 63 95 1426 40 0 1834 $ 339,457.49 $ 24,279.60 $ - $ 363,737.10

2.1 2 1 1 2 6 12 $ 2,638.55 $ - $ - $ 2,638.55

2.2 30 8 1 6 12 24 260 341 $ 63,917.37 $ - $ - $ 63,917.37

2.2A 10 4 4 6 11 110 40 185 $ 33,675.83 $ - $ - $ 33,675.83

2.2B 40 4 3 16 15 25 480 583 $ 107,178.02 $ - $ - $ 107,178.02

2.2C 20 4 3 8 10 15 480 540 $ 96,467.47 $ - $ - $ 96,467.47

2.2D 2 1 1 4 $ 1,178.94 $ - $ - $ 1,178.94

2.2E
4 1 5 $ 1,372.99 $ - $ - $ 1,372.99

2.3 12 1 12 16 50 91 $ 17,824.27 $ - $ - $ 17,824.27

2.4 2 1 4 20 27 $ 5,316.18 $ - $ - $ 5,316.18

2.5 4 1 2 4 11 $ 2,596.63 $ 24,279.60 $ - $ 26,876.23

2.6 4 1 6 4 20 35 $ 7,291.25 $ - $ - $ 7,291.25 Task 3 47 7 0 0 0 29 4 92 60 0 239 $ 46,990.34 $ 51,108.99 $ 20,581.04 $ 118,680.38

3.1 1 1 2 $ 468.88 $ 6,994.41 $ 982.54 $ 8,445.83

3.2 1 1 2 $ 468.88 $ 12,092.18 $ - $ 12,561.06

3.3 2 1 2 2 10 20 37 $ 6,487.63 $ 4,804.75 $ - $ 11,292.38

3.4A 2 1 1 40 44 $ 7,308.81 $ - $ - $ 7,308.81

3.4B 2 1 4 12 19 $ 3,745.84 $ - $ - $ 3,745.84

3.5 18 3 18 36 75 $ 15,838.48 $ - $ 5,712.36 $ 21,550.84

3.6 1 10 11 $ 1,971.07 $ 3,226.14 $ 7,426.10 $ 12,623.31

3.7 18 18 36 $ 7,973.64 $ 18,795.25 $ 4,010.04 $ 30,778.93

3.8 2 1 4 6 13 $ 2,727.11 $ 5,196.26 $ 2,450.00 $ 10,373.37 Task 4 10 5 0 0 0 5 0 10 0 0 30 $ 6,933.13 $ 5,613.68 $ 12,713.10 $ 25,259.91

4.1 10 5 5 10 30 $ 6,933.13 $ 5,613.68 $ 12,713.10 $ 25,259.91

4.2 0 $ - $ - $ - $ -

4.3 0 $ - $ - $ - $ -

4.4 0 $ - $ - $ - $ -

4.5 0 $ - $ - $ - $ - Task 5 42 10 0 0 0 20 48 148 110 0 378 $ 70,426.68 $ 2,422.95 $ 1,339.25 $ 74,188.88

5.1 8 2 4 12 40 40 106 $ 19,029.30 $ 2,422.95 $ - $ 21,452.25

5.2 8 1 6 8 23 $ 5,146.72 $ - $ - $ 5,146.72 6 2 2 12 40 62 $ 11,780.27 $ - $ - $ 11,780.27 4 1 2 6 20 40 73 $ 12,645.53 $ - $ - $ 12,645.53 City of Vista
Sustainable Mobility Plan
Kimley-Horn and Associates, Inc.

Technical
Support

TOTAL HOURS TOTAL COST
Project SupportSr. Professional I Professional II Professional I Analyst II Draft and Final Sustainable Mobility Recommendations: Bike Improvement Map, Pedestrian
Improvement Map, Mobility Enhancements Map, Unit Costs
Draft and Final Prioritization Strategy and Process
Draft and Final Funding Strategies Matrix
Draft and Final Updated Maintenance Policy
Public Outreach
Safe Routes to School Analysis and Recommendations
Priority Bicycle Projects Analysis and Concept Design
NEV Locations Analysis and Recommendations
Draft and Final Initiatives for Bicycle and Pedestrian Education, Encouragement,
Enforcement, Facility Engineering, and Evaluation
Draft and Final Complete Streets and Traffic Calming Toolbox Priority Pedestrian Projects Analysis and Concept Design Draft and Final Active Transportation Network Quality Assessment Report Draft and Final Existing Conditions Needs Assessment Report Analysis
Draft and Final SMP Goals, Policies and Network Maps
Draft and Final NEV Analysis Report
Draft and Final Existing Conditions Maps
Draft and Final Equity Analysis Report
Draft and Final Mode Share Analysis Report
Draft and Final Non-Infrastructure Summary
Draft and Final Baseline Survey Analysis
Existing Conditions
Document Review Memo
Draft and Final Base Map from Demographics, Land Use, and Infrastructure Maps in GIS
Analyst I
Kick-Off Meeting, Project Initiation, Management & Administration Kick-Off Meeting
Progress Meetings
Project Management
Advisory Committee Meetings
Five (5) TAC meetings including agendas, list of attendees, presentation materials, meeting notes
and action items
Draft and Final Public Participation Plan
Draft and Final Project Promotional Materials (bilingual) Draft and Final Project Website and Social Media (bilingual) Draft and Final Outreach Summary Report
Summary of Six (6) Community Walks (bilingual)
Summary of Five (5) Pop-Up Events and Materials (bilingual) Summary of Three (3) Workshop Events and Materials (including Spanish interpre Online Community Survey Map (bilingual)
Community Survey Report (bilingual)
Responses to two (2) rounds of City comments
Draft-Final SMP
Draft-Final SMP (Public Facing)

VCC COSTALTA COST TOTAL PROJECT
COST
Draft and Final Bicycle Network Analysis Report
Draft and Final Walking Network Analysis Report
Draft and Final Safe Routes to School Audit Report
Final Draft SMP
Draft SMP for City’s review
Rate Schedule Used
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5.3 8 1 2 8 20 39 $ 7,867.91 $ - $ - $ 7,867.91

5.4 4 1 2 4 11 $ 2,596.63 $ - $ - $ 2,596.63

5.5 4 2 2 6 20 30 64 $ 11,360.31 $ - $ 1,339.25 $ 12,699.56 Task 6 18 4 0 0 0 9 0 64 18 0 113 $ 21,706.57 $ - $ - $ 21,706.57

6.1 4 1 1 10 8 24 $ 4,543.67 $ - $ - $ 4,543.67

6.2 1 1 1 8 2 13 $ 2,445.25 $ - $ - $ 2,445.25

6.3 4 1 6 11 $ 2,331.94 $ - $ - $ 2,331.94

6.4 2 1 1 8 4 16 $ 3,031.53 $ - $ - $ 3,031.53

6.5 4 1 6 11 $ 2,331.94 $ - $ - $ 2,331.94

6.6 2 1 2 20 4 29 $ 5,289.43 $ - $ - $ 5,289.43

6.7 1 2 6 9 $ 1,732.81 $ - $ - $ 1,732.81 Task 7 26 0 0 0 0 0 0 42 30 0 98 $ 18,930.41 $ - $ - $ 18,930.41

7.1A 7 14 14 35 $ 6,480.99 $ - $ - $ 6,480.99

7.1B 5 5 10 $ 2,214.90 $ - $ - $ 2,214.90

7.1C 1 2 1 4 $ 769.31 $ - $ - $ 769.31

7.2A 7 14 14 35 $ 6,480.99 $ - $ - $ 6,480.99

7.2B 5 5 10 $ 2,214.90 $ - $ - $ 2,214.90

7.2C 1 2 1 4 $ 769.31 $ - $ - $ 769.31 Task 8 0 0 30 0 0 0 0 0 0 0 30 $ 11,345.92 $ - $ - $ 11,345.92 30 30 $ 11,345.92 $ - $ - $ 11,345.92 0 $ - $ - $ - $ - 0 $ - $ - $ - $ - 0 $ - $ - $ - $ - 0 $ - $ - $ - $ - 328 78 30 20 85 143 176 1984 258 0 3102
$89,606.87 $21,857.36 $11,345.92 $7,046.61 $23,243.53 $31,523.42 $34,441.12 $336,859.92 $40,388.35 $0.00 $ 596,313.10 $ 161,898.56 $ 43,940.87 $ 802,152.52 $ 18,600.00 $ 3,000.00 $ 6,059.00 $ 27,659.00 $ 3,000.00 $ 3,000.00
$ 1,800.00 $ 1,800.00
$ 678.00 $ 678.00 $ 800.00 $ 381.00 $ 1,181.00 $ 1,700.00 $ 1,700.00
$ 1,500.00 $ 1,500.00
Count Data Collection $ 15,000.00 $ 15,000.00 $ 1,200.00 $ 1,200.00 $ 100.00 $ 100.00 $ 1,500.00 $ 1,500.00 $ 614,913.10 $ 164,898.56 $ 49,999.87 $ 829,811.52 Caltrans and SANDAG Grant Invoicing and Reporting
SANDAG Quaterly Invoices
Public Review Comments Matrix
Quality Assurance and Quality Control
Quality Assurance and Quality Control
Response to City comments
Final SMP
Caltrans Invoices
Caltrans Final Invoice and Final Project Report
Caltrans Quarterly Report
SANDAG Quarterly Project Report
SANDAG Final Invoice and Final Projec Report

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Reproduction, Mileage, Incentives (Alta)
Incentives (VCC Expense)
Promotional Items (VCC Expense)
Food (VCC Expense)
Educational Materials (VCC Expense)
Local Travel (VCC Expense)
TOTAL COST:

Website & map
Materials
Project Website
Response to City comments
Revised Final SMP based on Council feedback
Final Grant Reporting, Close-Out and Invoicing
Response to Public Comments
Final Draft SMP
Board Review/Approval and Final SMP
Draft and Final Presentation materials, meeting minutes for Traffic Commission a Revised Final SMP based on Commission feedback
Rate Schedule Used
04/14/2026 C4 254 of 277

00034875 3 Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 04/14/2026 C4 255 of 277

00034875 3 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 04/14/2026 C4 256 of 277

00034875 3 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

04/14/2026 C4 257 of 277

00044811 3 Exhibit E

EXHIBIT D

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.
x
x
This contract is subject to the requirements of the City of Vista's grant agreements with Caltrans and SANDAG.

In accordance with the Caltrans grant, Consultant shall comply with Exhibits A and B, attached hereto.

For those exhibits, every reference to "ADMINISTERING AGENCY" shall be replaced with "Consultant".

In accordance with SANDAG grant, Consultant shall comply with the document titled "Public Works Requirements", attached hereto.
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EXHIBIT A

FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.

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b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection

21.7(a) (1) of the REGULATIONS.

More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal -aid Program:
1: That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal -aid Program and, in adapted form, in all proposals for negotiated agreements:

ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively ensure that in any agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein.

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5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.

6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.

7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:

Appendix C;
a) for the subsequent transfer of real property acquired or improved under the federal -aid Program; and
Appendix D;
b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal -aid Program.

8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods:
a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property.

9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub -grantees, applicants, sub -applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.

10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.

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11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT.

Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S.

Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub -applicants, transferees, successors in interest and other participants in the federal -aid Highway Program.

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1J»171.:

During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows:
1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub -agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. 5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or b) cancellation, termination or suspension of the Agreement, in whole or in part.

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6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.

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

APPENDIX B TO EXHIBIT B

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The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States.

GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.

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

ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *
2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and 3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*
Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.

Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns.

Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 ( b) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and
3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.

Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.

Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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PUBLIC WORKS REQUIREMENTS
Any subcontract entered into as a result of the Agreement, shall contain all the provisions of these Public Works Requirements. Use of the term “Contractor” herein shall refer to “Grantee and its third-party contractors” as defined in the Agreement and use of the term “Contract” herein shall refer to the “Agreement”.
7 1.01A LABOR CODE REQUIREMENTS
7 1.01A(1) HOURS OF LABOR
Eight (8) hours labor constitutes a legal day’s work. The Contractor or any subcontractor under the Contractor shall forfeit, as a penalty to SANDAG, twenty five dollars ($25) for each worker employed in the execution of the Contract by the respective Contractor or subcontractor for each calendar day during which that worker is required or permitted to work more than 8 hours in any one calendar day and forty (40) hours in any one calendar week in violation of the requirements of the Labor Code, and in particular, §§1810 - 1815, thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one half times the basic rate of pay, as provided in §1815 thereof.
7 1.01A(2) PREVAILING WAGE
The Contractor shall pay wage rates consistent with the State of California Labor Code and the California Department of Industrial Relations.

The wage rates determined by the Director of Industrial Relations can be found in the State Prevailing Wage Rates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this Contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Contract, each successive predetermined wage rate shall apply to this Contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Contract, such wage rate shall apply to the balance of the Contract.

Contractor and any subcontractor under Contractor shall comply with Labor Code §§1774 and 1775.

Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to SANDAG a penalty of not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code §§ 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each 04/14/2026 C4 269 of 277

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worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime contractor of the project is not liable for the penalties described above unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:

A. The contract executed between Contractor and the subcontractor for the performance of work on the Project shall include a copy of the requirements in §§1720.9, 1771, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code.

B. Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

C. Upon becoming aware of the subcontractor’s failure to pay the specified prevailing rate of wages to the subcontractor’s workers, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

D. Prior to making final payment to the subcontractor for work performed on the public works project, Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor’s employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.

Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify a contractor on a public works project within fifteen (15) days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if SANDAG did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, Contractor shall pay all moneys retained from the subcontractor to SANDAG. These moneys shall be retained by SANDAG pending the final decision of an enforcement action.

Pursuant to the requirements in Labor Code §1773, SANDAG has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Labor Code §1773.1, apprenticeship or other training programs authorized by Labor Code §3093, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

The general prevailing wage rates and any applicable changes to these wage rates are available at the Labor Compliance Office at the offices of the District Director of Transportation for the district of Caltrans in which the work is situated or at the California Department of Industrial Relations’ website at:
http://www.dir.ca.gov .
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The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates.

Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for Bids and are good for the life of the Contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the Contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.

Pursuant to §1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the Work.

Changes in general prevailing wage determinations that conform to Labor Code §1773.6 and Title 8 California Code of Regulations §16204 shall apply to the Project when issued by the Director of Industrial Relations at least ten (10) days prior to the date of the Notice to Contractors for the Project.

Pursuant to Labor Code §1720.9, “public works” shall include the hauling and delivery of ready-mixed concrete to carry out a public works contract for SANDAG. 7 1.01A(2)(A) TRAVEL AND SUBSISTENCE PAYMENTS
Contractor shall make travel and subsistence payments to each workman, needed to execute the Work, in conformance with the requirements in Labor Code Section 1773.1. 7 1.01A(3)(A) PAYROLL RECORDS – LABOR CODE REQUIREMENTS Attention is directed to the requirements in Labor Code §1776, a portion of which is quoted below.

Regulations implementing Labor Code §1776 are located in §§16200 et seq. of Title 8, California Code of Regulations.
“(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, last 4 digits of social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1720.9, 1771, 1811, and 1815 of the Labor Code for any work performed by its employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or their authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of 04/14/2026 C4 271 of 277

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Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual’s name, address and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated.
(f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (g) The contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the ten (10) day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.”
The penalties specified in subdivision (h) of Labor Code Section 1776 for noncompliance with the requirements in Section 1776 may be deducted from any moneys due or which may become due to the Contractor.

A copy of all payrolls shall be uploaded weekly to the SANDAG Labor Compliance Monitoring System (LCMS) no later than ten calendar days after the payroll week end date. Payrolls shall contain the full name, address and Social Security number of each employee, the employee’s correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid.

They shall also indicate apprentices and ratio of apprentices to journeymen. The employee’s address and social security number must be entered on all payrolls. The payroll shall be accompanied by a “Statement of Compliance” signed by the employer or the employer’s agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Contract.

The “Statement of Compliance” shall be on forms furnished by SANDAG or on any form with identical wording. The Contractor shall be responsible to ensure submission of subcontractor payrolls in the LCMS and the Department of Industrial Relations (DIR) eCPR systems. In addition, the contractor is responsible for maintaining physical copies of all (prime/subcontractor) payrolls for DIR auditing purposes.

Submitted certified payrolls for hauling and delivering ready-mix concrete must be accompanied by a written time record. The time record must include the following information and be uploaded to LCMS:
•Truck driver’s full name
•Name and location of the batch plant
•Time the concrete was loaded
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•Time the truck returned to the batch plant
•Truck driver’s signature certifying under penalty of perjury that the information contained in it is true and correct.

The Contractor and each subcontract shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.
7 1.01A(3)(B) PAYROLL RECORDS – ADDITIONAL REQUIREMENTS The Contractor shall also maintain its records in conformance with the following:

A. At the preconstruction meeting, the Contractor will be provided with all necessary forms from the SANDAG current labor compliance consultant. The Contractor shall submit weekly a copy of all payrolls to SANDAG or to the labor compliance consultant, depending on the project. The copy shall be accompanied by a statement signed by the employer or its agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor or the State of California Labor Code, and that the classifications set forth for each laborer or mechanic conform to the work which he or she performed. The Prime Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The Contractor shall make the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of SANDAG and the Department of Labor and shall permit such representatives to interview employees during working hours on the job.

B. Contractor, and each subcontractor having contracts exceeding $10,000, shall submit monthly a report of manpower utilization of the total work force for all work performed during the month. If Contractor or subcontractor does not perform work on the project during the month, a negative report shall be submitted. The reports shall be submitted by the 15th of the following month. Contractor shall be responsible for submission of reports of all subcontractors. If any required manpower utilization report is not received by the designated due date, SANDAG will retain 10 percent (10%) of the estimated value of the work during the month from the next monthly estimate, except that such retentions shall not exceed $10,000, nor be less than $1,000. Retentions for failure to submit manpower utilization reports will be additional to all other retentions provided for in this Contract. Retentions for failure to submit manpower utilization reports will be released for payment on the monthly estimate for partial payments next following the date that all the delinquent reports for which the retention was made are submitted C. The Contractor shall make its records available and is responsible for making its subcontractors’ records available for inspection by authorized representatives of SANDAG or the state or federal government and shall permit such representatives to interview employees during working hours on the job.
7 1.01A(5) APPRENTICE REQUIREMENTS
A. Contractor and its subcontractors are required to meet the apprenticeship ratio of one hour of apprentice work for every five hours of journeyman work per Title 8 California Code of Regulations, §230.1 for its public works projects exceeding $30,000, with the exception of design build projects, which have a higher ratio requirement that graduates from 20% to 60% between 2016 and 2020. California Labor Code §1777.5 requires all public works contractors and subcontractors to submit contract award information to applicable apprenticeship programs that can supply apprentices to the site of the public work, employ registered apprentices, and make training fund contributions to approved apprenticeship programs.

B. Contractor and its subcontractors shall comply with §§1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Code of Regulations §200 et seq. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each contractor or subcontractor should, where some question exists, contact the Division of 04/14/2026 C4 273 of 277

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Apprenticeship Standards, or one of its branch offices prior to commencement of work on this Contract.

Responsibility for compliance with this Section lies with Contractor.

C. SANDAG encourages the employment and training of apprentices on public works contracts as may be permitted under local apprenticeship standards.
7 1.01A(7) WORKERS' COMPENSATION
Pursuant to the requirements in Labor Code §1860, the Contractor will be required to secure the payment of workers’ compensation to the Contractor’s employees in conformance with the requirements in Labor Code §3700.
7 1.01A(8) RECOVERY OF PENALTIES AND FORFEITURES
Attention is directed to Labor Code §§1730 to 1742, which calls for the Labor Commissioner to issue a civil wage and penalty assessment to Contractor or subcontractor or both if the Labor Commissioner determines after investigation that there has been a violation of the laws regulating public works contracts. Contractor or subcontractor may obtain review of a civil wage and penalty assessment by transmitting a written request for a hearing to the office of the Labor Commissioner that appears on the assessment within 60 days after service of the assessment. 7 1.01B CONTRACTOR’S LICENSING LAWS
Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code (commencing with §7000) concerning the licensing of contractors.

All Contractors and subcontractors shall be licensed in accordance with the laws and regulations of the State of California and with the requirements of this Contract and any Contractor or subcontractor not so licensed is subject to the penalties imposed by those laws. Contractor must also provide the license number for any subcontractor completing work in excess of one half of one percent of the total bid. 04/14/2026 C4 274 of 277

Registration with DIR and Prevailing Wage Requirements
All provisions of this section shall be passed through to any subcontractors performing work related to this Agreement. Additional requirements for public works projects are included in Attachment D.

1.Payment of Prevailing Wages
Grantee acknowledges that any work that qualifies as a “public work” within the meaning of California Labor Code section 1720 shall cause Grantee and its subcontractors to comply with the provisions of California Labor Code sections 1775 et seq, which includes the payment of prevailing wages to all workers performing prevailing wage work.

2.Public Works Contractor Registration With DIR
If Grantee or its subcontractors will engage in the performance of a public work as defined by California Labor Code sections 1720 et seq. and will utilize persons who are not employees of a public entity, registration and payment of an annual registration fee to the DIR shall be required of each entity performing the work. This requirement applies to anyone affected by the public works statutes found in the California Labor Code, including but not limited to landscapers, fencers, surveyors, soil testers, dredgers, heavy equipment operators, and inspectors. Registration can be completed online at https://www.dir.ca.gov/public-works/contractor- registration.html.

3.Subcontract Requirements
If Grantee will award any subcontracts for the performance of a public work:
a. Grantee will create a Project Registration Form (PWC-100 form) for each subcontract using the online database of the California Department of Industrial Relations (DIR).
b. Grantee shall notify SANDAG ten business days prior to the subcontractor performing the prevailing wage work so SANDAG can prepare for labor compliance monitoring. Grantee will provide to SANDAG the name, DIR registration number, and contractor’s license numbers of each subcontractor so SANDAG or its labor compliance designee can verify, that the selected subcontractor is currently licensed and registered with the DIR. If SANDAG finds that the selected subcontractor is not licensed and registered with the DIR, SANDAG will promptly E-7
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notify Grantee and Grantee will be required to notify the selected subcontractor to stop work.

c. If there are any changes to a subcontractor or lower-tier subcontractor, Grantee will advise SANDAG of these changes as soon as those changes are known to the Grantee.

4. Certified Payroll Reporting to DIR
Grantee and all subcontractors performing a public work under this Agreement shall use the DIR’s Electronic Certified Payroll Reporting (eCPR) System, available at https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html , to furnish certified payroll records to the California Labor Commissioner. Grantee and its subcontractors are required to utilize the eCPR system throughout the entire duration of the public work.

5. Certified Payroll Reporting to SANDAG
In addition to the eCPR system, Grantee and all subcontractors performing a public work shall utilize the SANDAG Labor Compliance Monitoring System (LCMS), available at https://www.sandag.org/about/work-with-us/labor-compliance- monitoring-program to furnish certified payroll records to SANDAG. If Grantee desires to utilize a different system to provide certified payroll records to SANDAG, it must request prior authorization and receive approval in writing from the Grants Program Manager.

Grantee will be required to enter all of its subcontractors’ information into LCMS on an ongoing basis. The SANDAG LCMS will allow Grantee to convert certified payroll records to the XML file format for upload to the DIR system.

6. Retention and Inspection of Payroll Records and Employment of Registered Apprentices
Grantee agrees to comply and cause any of its applicable subcontractors to comply with Labor Code section 1776 regarding retention and inspection of payroll records and noncompliance penalties, Labor Code section 1777.5 regarding employment of registered apprentices, and Labor Code section 1813 regarding forfeiture for violations of the maximum hours per day and per week provisions contained in the same chapter. ln order to ensure compliance with the Labor Code, Grantee and its subcontractors shall be subject to site visits and spot-check audits by SANDAG or its labor compliance designee. During these audits and inspections, SANDAG or its E-8
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designee may request Grantee or subcontractor records, including but not limited to certified payroll, apprenticeship, and other ancillary records at any time during the term of the Agreement.

If such an audit or site visit discloses that Grantee or a subcontractor has not kept complete and accurate records or complied with the requirements of the California Labor Code, SANDAG will notify the Grantee and request that the Grantee complete a written Action Plan that includes specific actions the Grantee will take to remedy the outstanding issues and a timeline to bring the Project into compliance. Should the Grantee be unable to submit its Action Plan by the deadline included in the notice or complete its Action Plan in a timely manner, SANDAG will notify the DIR of potential labor compliance issues related to the Project.

Additionally, if Grantee was provided an exception to utilizing the SANDAG LCMS, Grantee will be required to input and submit all applicable certified payrolls and accompanying documentation related to the Project, retroactive to the start of the Project, into the SANDAG LCMS
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Vista City CouncilApril 14, 2026

Vista City Council
April 14, 2026