Agenda packet — Aliso Viejo City Council, November 20, 2024

AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, NOVEMBER 20, 2024
7:00 PM REGULAR MEETING

CITY HALL

COUNCIL CHAMBERS
12 JOURNEY

ALISO VIEJO, CA

Mayor Mike Munzing

Mayor Pro Tem Tiffany Ackley
Councilmember Ross Chun
Councilmember Max Duncan
Councilmember Richard Hurt

WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. Speakers will be called at the appropriate time as their interested matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Council proceedings are recorded.

It is the City's intention to comply with the Americans with Disabilities Act (ADA) . If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102- 35.104 ADA Title II] Please contact the City Clerk's Office at (949) 425- 2505 at least 48 hours prior to the meeting.

Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the agenda are available in the lobby at City Hall on the Thursday preceding a regularly scheduled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to specific agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk's office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425- 2505.

This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U -Verse Channel 99, and can be viewed on the internet at www.avcity.org.

MITZI ORTIZ SCOTT C. SMITH LAUREN TORRES

CITY MANAGER CITY ATTORNEY DEPUTY CITY CLERK

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PLEASE SILENCE ALL CELL PHONES AND OTHER

ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION

CALL TO ORDER: Convene Regular Meeting

ROLL CALL

PLEDGE OF ALLEGIANCE:

1. SPECIAL PRESENTATIONS:

None.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

3. COMMUNITY INPUT:

Members of the public wishing to address the City Council are requested to complete and submit to the City Clerk a "Request to Address City Council" form available at the entrance to the City Council Chambers. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed. Comments are limited to three (3) minutes per speaker.

4. CONSENT CALENDAR:

All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.

4.1 WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.

4.2 APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the November 6 , 2024 Special Meeting and the November 6, 2024 Regular Meeting.

Draft Minutes - November 6, 2024 Special Meeting
Draft Minutes - November 6, 2024 Regular Meeting

4.3 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between October 25, 2024, and November 7, 2024, in the amount of $1,114,142.87.
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Staff Report
Attachment 1 - Accounts Payable Report

4.4 ANNUAL MEASURE M2 EXPENDITURE REPORT
Recommended Action: Adopt a Resolution approving the City’s annual Measure M2 expenditure report for fiscal year ending June 30, 2024.

Staff Report
Attachment 1 - Resolution
Attachment 2 - Measure M2 Expenditure Report

4.5 AGREEMENT WITH CREATIVE AIR MECHANICAL SERVICES FOR CIT Y HALL

HVAC IMPROVEMENTS
Recommended Action:

1. Approve Contract Documents for City Hall HVAC Improvements;

2. Award an agreement in the amount of $160,840 to Creative Air Mechanical Services as the lowest responsible bidder for the City Hall HVAC Improvements;

3. Authorize the City Manager to execute an agreement with Creative Air Mechanical Services;

4. Authorize City staff to make total compensation to Creative Air Mechanical Services up to $160,840 plus $14,000 (8.7% of the agreement amount) to allow for contingencies, totaling $174,840; and

5. Declare this project categorically exempt from the California Environmental Quality Act (CEQA) process Per Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301 (Class 1: Existing Facilities).

Staff Report
Attachment 1 - Agreement

4.6 FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR STC TRAFFIC, INC. FOR ON-CALL TRAFFIC ANALYSIS
Recommended Action: Approve and authorize the City Manager to execute a fourth amendment to the professional services agreement with STC Traffic, Inc. to extend the agreement to June 30, 2026.

Staff Report
Attachment 1 - Original Agreement
Attachment 2 - Fourth Agreement Amendment

5. PUBLIC HEARINGS:

None.

6. DISCUSSION:

6.1 STUDY SESSION FOR THE AVALON ALISO VIEJO MIXED-USE PROJECT Recommended Action: Conduct a public hearing to review the concept plans for a mixed-used project, consider public testimony, and provide feedback to the Applicant.

Staff Report
Attachment 1 - Staff Report & Attachments from September 18, 2024 Study Session Attachment 2 - Response Letter
Attachment 3 - Presentation
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7. CITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

The next regularly scheduled City Council meeting is December 4, 2024.

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Special Meeting Minutes+

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

SPECIAL MEETING
NOVEMBER 6, 2024, 6:00 PM
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Munzing called the Special Meeting of the City Council of the City of Aliso Viejo to order at 6:00 p.m.

ROLL CALL
PRESENT: MAYOR MIKE MUNZING

MAYOR PRO TEM TIFFANY ACKLEY

COUNCILMEMBER ROSS CHUN

COUNCILMEMBER MAX DUNCAN
COUNCILMEMBER RICHARD W. HURT
ABSENT: NONE
STAFF PRESENT: MITZI ORTIZ, CITY MANAGER

HONGDAO NGUYEN, ASSISTANT CITY ATTORNEY

SO KIM, COMMUNITY DEVELOPMENT DIRECTOR
PUBLIC COMMENTS:

None.

CLOSED SESSION:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Number of potential cases: 2
REPORT FROM CLOSED SESSION:

Assistant City Attorney HongDao Nguyen stated no reportable action was taken. 5

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Special Meeting Minutes+
ADJOURNMENT: Mayor Munzing adjourned the meeting at 7:02 p.m. to the November 6, 2024 Regular Council Meeting.

Respectfully submitted: Approved by:
________________________ ________________________

LAUREN TORRES MIKE MUNZING

DEPUTY CITY CLERK MAYOR
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Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
NOVEMBER 6, 2024, 7:00 pm
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Munzing called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:07 p.m.

ROLL CALL
PRESENT: MAYOR MIKE MUNZING

MAYOR PRO TEM TIFFANY ACKLEY

COUNCILMEMBER ROSS CHUN

COUNCILMEMBER MAX DUNCAN
COUNCILMEMBER RICHARD W. HURT
ABSENT: NONE
STAFF PRESENT: MITZI ORTIZ, CITY MANAGER

HONGDAO NGUYEN, ASSISTANT CITY ATTORNEY

LAUREN TORRES, DEPUTY CITY CLERK

ANN EIFERT, FINANCIAL SERVICES DIRECTOR

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

SO KIM, COMMUNITY DEVELOPMENT DIRECTOR

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. ALAN VILLANUEVA, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: John Campbell led the pledge of allegiance.

REPORT FROM CLOSED SESSION:

Assistant City Attorney HongDao Nguyen stated no reportable action was taken.

1. SPECIAL PRESENTATIONS:

1.1 RECOGNITION OF EMMA MODEER, PRESIDENT'S BRONZE VOLUNTEER

SERVICE AWARD RECIPIENT
Mayor Munzing commented on the recognition.
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2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

None.

3. COMMUNITY INPUT:

1. Douglas Brown commented on the Avalon Mixed-Use Project.

2. Randy Shrock expressed concerns regarding e-bike safety.

4. CONSENT CALENDAR:

Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Motion: Councilmember Hurt moved and Councilmember Chun seconded to approve the recommended actions. Motion carried 5-0.

4.2 APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the October 2, 2024 Regular Meeting.

4.3 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between September 13, 2024, and October 24, 2024, in the amount of $2,426,522.40.

4.4 TREASURER’S STATEMENTS – AUGUST AND SEPTEMBER 2024
Recommended Action: Receive and file the August and September 2024 Treasurer’s Statements.

4.5 COMMUNITY FACILITIES DISTRICT NO. 2005-01 (GLENWOOD AT ALISO VIEJO)

LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT COMPLIANCE (SB 165) REPORT FOR FISCAL YEAR ENDED JUNE 30, 2024
Recommended Action: For City Council to accept and file the Community Facilities District No. 2005- 01 (Glenwood at Aliso Viejo) Local Agency Special Tax and Bond Accountability Act Compliance (“SB 165”) Report for Fiscal Year June 30, 2024. 8

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Regular Meeting Minutes

4.6 APPROVAL OF THE SUBMITTAL OF THE LA PAZ ROAD REGIONAL TRAFFIC

SIGNAL SYNCHRONIZATION PROJECT TO THE ORANGE COUNTY

TRANSPORTATION AUTHORITY
Public Works Director Shaun Pelletier responded to questions regarding traffic synchronization, traffic light timing schedules, and data collection.

Recommended Action: Adopt Resolution No. 2024-28 approving the submittal of the La Paz Road Regional Traffic Signal Synchronization Project to OCTA for funding under the competitive Measure M2 Regional Traffic Signal Synchronization Program (Project P).

Motion: Mayor Munzing moved and Councilmember Hurt seconded to approve the recommended action. Motion carried 5- 0.

4.7 RELEASE OF BONDS FOR THE GRADING AND LANDSCAPING IMPROVEMENTS

FOR THE CITY LIGHTS CLUBHOUSE RENOVATION PROJECT
Recommended Action: Adopt Resolution No. 2024-29 exonerating Grading Surety Bond No. SUR0076510 and Landscaping Surety Bond No. TIC030116 for the City Lights Clubhouse Renovation Project.

4.8 IRVINE-LAGUNA WILDLIFE CORRIDOR PARTNER CHARTER AGREEMENT Community Development Director So Kim provided an overview. Ann Larson, Laguna Greenbelt, Inc., responded to questions regarding mountain lions, corridor infrastructure, and impact on biking and hiking trails.

Recommended Action: Authorize the City Manager to sign the Irvine-Laguna Wildlife Corridor Partner Charter, signifying the City of Aliso Viejo’s support for implementing the Irvine-Laguna Wildlife Corridor.

Motion: Mayor Munzing moved and Councilmember Duncan seconded to approve the recommended action. Motion carried 5- 0

5. PUBLIC HEARINGS:

5.1 CONDITIONAL USE PERMIT FOR AN OUTPATIENT MEDICAL USE AT 27141 ALISO CREEK ROAD (USE-2024-00009)
City Manager Mitzi Ortiz introduced Community Development Director So Kim, who provided an overview. Staff and the applicant responded to questions regarding services offered, security protocols, time period between appointments, number of clients seen daily, geographical service area, noticing process, and facility waiting area. Mayor Munzing opened the public hearing and the following persons provided comment:
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Regular Meeting Minutes

1. Tracey Ball expressed opposition to the proposed facility.

2. Kristin Simmons expressed opposition to the proposed facility.

3. Robert Schley expressed opposition to the proposed facility.

4. Roxana Johnson expressed opposition to the proposed facility.

5. Mitch Burkhart expressed opposition to the proposed facility.

There were no other comments. Mayor Munzing closed the public hearing.

Recommended Action: Adopt Resolution No. 2024-30 approving a Conditional Use Permit to operate an outpatient medical use at 27141 Aliso Creek Road (USE-2024- 00009).

Motion: Councilmember Hurt moved and Councilmember Chun seconded to continue the public hearing to December 4, 2024. Motion carried 5-0.

5.2 CONCEPT PLAN REVIEW FOR A TOWNHOME COMMUNITY AT 95 ARGONAUT City Manager Mitzi Ortiz introduced Community Development Director So Kim, who provided an overview. Staff and the applicant responded to questions regarding landscaping, common space areas, community layout, parking, homeowners association, collaboration with the Aliso Viejo Community Association, nearby developments, proposed price range, affordable housing component, unit sizes, street ownership, garages, third-party consultant, and ad hoc committee. Mayor Munzing opened the public hearing and there were no requests to speak. Munzing closed the public hearing.

Recommended Action:

1. Conduct a public hearing to review and provide initial feedback on concept plans for a development proposal involving the demolition of an existing office building to accommodate the construction of a townhome community at 95 Argonaut (“Project”); and

2. Appoint two members of the City Council and establish an Ad-Hoc Committee to negotiate the terms of the Development Agreement for the Project with regular public updates, or direct Staff to contract with a third-party consultant to advise the City Council.

Motion: Mayor Pro Tem Ackley moved and Councilmember Duncan seconded to direct staff to contract with a third-party consultant to negotiate the terms of the Development Agreement and provide bimonthly updates to the City Council.

Motion carried 5-0.

6. DISCUSSION:

None.
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7. CITY MANAGER' S REPORT:

City Manager Mitzi Ortiz announced Crafts with the Clauses to be held from 9:00 a.m. to 11:00 a.m. on December 14, 2024 at Aliso Viejo Ranch; 7 th Annual All is Bright Holiday Celebration and Tree Lighting Ceremony to be held from 5:00 p.m. to 8:00 p.m. on December 5, 2024 at Aliso Viejo Town Center; the upcoming winter edition of the Aliso Viejo Community Connection; and registration for winter recreation classes.

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Chun:
 Attended the League of California Cities Annual Conference  Met with Senator Dave Min regarding closure of Laguna Hills DMV field office  Attended AVCA Fall Harvest Festival
 Attended Boys & Girls Club Halloween event
 Attended the Covington Retirement Community’s Ukulele Orchestra rehearsal  Attended Kaiser Permanente medical building groundbreaking  Attended Halloween events at Canyon Vista Elementary School and Oak Grove Elementary School
 Attended OCFA HeloPod Unveiling
 Attended OCFA wildland fire training
 Attended Wellness and Prevention Center anniversary event  Attended Aliso Viejo Youth Council meeting
Councilmember Duncan:
 Attended Kaiser Permanente medical building groundbreaking  Attended OCFA HeloPod Unveiling
 Commented on e-bike safety
Councilmember Hurt:
 Attended the League of California Cities Annual Conference  Attended Orange County Public Libraries Executive Board Meeting Mayor Pro Tem Ackley:
 Attended OCFA HeloPod Unveiling
 Attended AVCA Fall Harvest Festival
 Attended Wood Canyon Elementary School Trunk or Treat  Attended Aliso Viejo Health and Safety Fair
 Attended Aliso Viejo Farmer’s Market
 Commented on grant funding for city projects
Mayor Munzing:
 Attended OCFA HeloPod Unveiling
 Attended Kaiser Permanente medical building groundbreaking  Commented on e-bike safety
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Regular Meeting Minutes

9. ADJOURNMENT: Mayor Munzing adjourned the meeting at 9:04 p.m. to the regularly scheduled City Council meeting of November 20, 2024.

Respectfully submitted: Approved by:
________________________ ________________________

LAUREN TORRES MIKE MUNZING

DEPUTY CITY CLERK MAYOR
12 City of Aliso Viejo

AGENDA ITEM
DATE: November 20, 2024
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services

SUBJECT: ACCOUNTS PAYABLE
Recommended Action:

Ratify accounts payable checks and electronic funds transfers issued between October 25, 2024, and November 7, 2024, in the amount of $1,114,142.87.

Fiscal Impact:

Expenditures in the amount of $1,114,142.87.

Background:

The City issues accounts payable checks on a bi-weekly basis and presents it to City Council for ratification at its next regularly scheduled City Council meeting.

Discussion:

The attached registers containing checks and electronic funds transfers issued between October 25, 2024, and November 7, 2024, for $1,114,142.87, are being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures. Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable checks and electronic funds transfers have been reviewed and deemed in accordance with the fiscal year budget by the Director of Financial Services.

Attachment:

1. Accounts Payable Report
13 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
SEP'24 ENG2252/LANDSCAPE PLAN REVIEW - COMMONSRJM DESIGN GROUP INC 296.25 SEP'24 KAISER GRADING PLAN CHECKCIVIL SOURCE, AN NV5 COMPANY 810.00 SEP'24 CAA - KAISER GRADING - R.BEIMERCHARLES ABBOTT ASSOC INC 145.00 SEP'24 ATT - R.BRUNELLCHARLES ABBOTT ASSOC INC 52.50
SEP'24 SCE - R.BRUNELLCHARLES ABBOTT ASSOC INC 52.50
SEP'24 FERREIRA - R.BRUNELLCHARLES ABBOTT ASSOC INC 52.50 SEP'24 COX - R.BRUNELLCHARLES ABBOTT ASSOC INC 105.00
SEP'24 CITY LIGHTS GRADING - R.BRUNELLCHARLES ABBOTT ASSOC INC 262.50 SEP'24 ST. MARYS GRADING - R.BRUNELLCHARLES ABBOTT ASSOC INC 315.00 SEP'24 COMMONS GRADING - R.BRUNELLCHARLES ABBOTT ASSOC INC 341.25 SEP'24 KAISER GRADING - R.BRUNELLCHARLES ABBOTT ASSOC INC 525.00 SEP'24 MNWD - R.BRUNELLCHARLES ABBOTT ASSOC INC 945.00
3,902.50

CITY COUNCIL
9/17/24-10/16/24 CITY COUNCIL PHONE LINESAT&T 237.43
DL RC 9/03 LOCC - ANNUAL CONFERENCEUS BANK PURCHASING CARD PROGRAM 700.00 DL RH 9/03 LOCC - ANNUAL CONFERENCEUS BANK PURCHASING CARD PROGRAM 700.00 CITY COUNCIL TOTAL: 1,637.43

CITY MANAGER
9/17/24-10/16/24 CITY MANAGER PHONEAT&T 45.47
9/17/24-10/16/24 HR PHONEAT&T 50.51
CITY MANAGER TOTAL: 95.98

HUMAN RESOURCES
CITY MANAGER RECRUITMENT - REIMBURSEABLE COSTSGVP VENTURES, INC 2,438.10 SEP'24 TB TESTS & EMPLOYEE EXAMS & FLU SHOTSOC FAMILY MEDICINE 285.00 DL 8/23 BRUEGGERS BAGELS-ETHICS TRAINING SNACKSUS BANK PURCHASING CARD PROGRAM 47.40 DL 9/19 PAVILIONS-ERGO TRAINING SNACKS & DRINKSUS BANK PURCHASING CARD PROGRAM 147.09 DL 9/16 SOUTHWEST-NEOGOV CONFERENCE AIRFARE*US BANK PURCHASING CARD PROGRAM 299.96 PC 10/08 CCAC - CITY CLERK JOB POSTINGUS BANK PURCHASING CARD PROGRAM 300.00 PC 10/03 PAYPAL - LCW CONF* (CANCELLED)US BANK PURCHASING CARD PROGRAM 645.00 PC 10/08 PAYPAL - LCW CONF* (REIMB - ADMIN FEE)US BANK PURCHASING CARD PROGRAM (605.00) PC 10/08 SHRM - CONFERENCE HOTEL 6/29-7/01/25US BANK PURCHASING CARD PROGRAM 415.88 PC 10/08 SHRM - ANNUAL CONFERENCE 6/29-7/01/25US BANK PURCHASING CARD PROGRAM 1,995.00 PC 9/24 SHRM - MEMBERSHIPUS BANK PURCHASING CARD PROGRAM 264.00 HUMAN RESOURCES TOTAL: 6,232.43

CITY CLERK
AVMC-WEB UPDATE/12PGS ORD 2024-243 UPD LEGACYICC GENERAL CODE, INC 258.00 MO 10/18 HYATT RGNCY - LCC CONF&EXPO LB 10/15-18US BANK PURCHASING CARD PROGRAM 833.16 MO 10/11 GRAND HYATT - CJPIA RISK MGMT I.W.10/9-11US BANK PURCHASING CARD PROGRAM 818.22 MO 10/03 SDIA ARPT PKG-LCC CCLK SEM. NAPA 12/10-13US BANK PURCHASING CARD PROGRAM 152.00 MO 9/24 SW - SAN-SMF LCC CCLK SEM.NAPA 12/10-13US BANK PURCHASING CARD PROGRAM 233.97 MO 10/17 ISLANDS-LNCH W/R.HURT LCC CNF LB 10/15-18US BANK PURCHASING CARD PROGRAM 51.74 MO 10/09 LCC - CONFERENCE & EXPO LB 10/15-18US BANK PURCHASING CARD PROGRAM 775.00 CITY CLERK TOTAL: 3,122.09

FINANCE
MO 9/27 CA SEC OF STATE - NON-PROFIT SOIUS BANK PURCHASING CARD PROGRAM 20.00 OCT-DEC'24 PROPERTY TAX CONTRACT SERVICESHDL COREN & CONE 3,979.95 OCT-DEC'24 SALES TAX RECOVERY SERVICEHINDERLITER DE LLAMAS & ASSOCIATES 179.19 OCT-DEC'24 SALES TAX CONTRACT SERVICEHINDERLITER DE LLAMAS & ASSOCIATES 1,758.54 FINANCE TOTAL: 5,937.68

INFORMATION TECHNOLOGY
9/22/24-10/21/24 CH AT&T CALNET ALARM/POTS LINEAT&T 3,752.52 9/17/24-10/16/24 FLEET COMPLETE GPSAT&T 202.92
9/17/24-10/16/24 EOC MIFIAT&T 160.96
14 Description (Item)Vendor Name Amount
9/17/24-10/16/24 CITY HALL MIFIAT&T 123.72
9/17/24-10/16/24 EOC PHONES LINESAT&T 110.03
HP E27U G5 - E-SERIES - LED MONITOR - QHD - 27SHI INTERNATIONAL CORP 388.95 SHI EVOLIS PRINTER UPGRADE KITSHI INTERNATIONAL CORP 501.39 HP E27U G5 - E-SERIES - LED MONITOR - QHD - 27SHI INTERNATIONAL CORP 777.89 11/20/25-11/19/26 MANAGE ENGINE PATCH MANAGER PLUSSHI INTERNATIONAL CORP 1,630.83 NOV'24 CH GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 1,996.68 INFORMATION TECHNOLOGY TOTAL: 9,645.89

NON-DEPARTMENTAL
NOV'24 RICOH C5300S COPY ROOM LEASE (2624)-PRINCIPRICOH USA 615.28 NOV'24 RICOH C5300S COPY ROOM LEASE(2624)-INTERESTRICOH USA 78.92 AUG-OCT'24 RICOH 2504EX SUITE 200 PRINTS (2936)RICOH USA 27.66 OCT'24 RICOH 2504EX FRONT COUNTER PRINTS (4456)RICOH USA 99.20 NOV'24 RICOH RSI CLOUD SUBSCRIPTION (SW1860708)RICOH USA 24.31 OCT'24 LANDSCAPE MAINTENANCE VISTA PARKNIEVES LANDSCAPE INC 1,064.97 AUG'24 VEHICLE FUEL - CITYVOYAGER FLEET SYSTEMS INC 742.83 SEP'24 VEHICLE FUEL - CITYVOYAGER FLEET SYSTEMS INC 381.67 OCT'24 VEHICLE FUEL - CITYVOYAGER FLEET SYSTEMS INC 389.20 9/09/24-10/14/24 METER #1675 89 PLAYA CIR WATER SVMOULTON NIGUEL WATER DIST 54.07 EM 10/19 BLISS CW - F150 CAR WASHUS BANK PURCHASING CARD PROGRAM 35.00 JB 10/05 SHELL - GAS FOR HIGHLANDERUS BANK PURCHASING CARD PROGRAM 30.23 ACCT#64101 VISTA WATER SVCMOULTON NIGUEL WATER DIST 834.86 NOV'24-JUN'25 35 PLAYA CIR HOA FEE + LATE FEEHARBOR STATION MAINTENANCE 1,498.50 PC 10/14 CVS - STAFF ACTIVITYUS BANK PURCHASING CARD PROGRAM 10.75 8/29/24-11/28/24 POSTAGE MACHINE LEASEQUADIENT LEASING USA INC 590.39 NON-DEPARTMENTAL TOTAL: 6,477.84
C. S. ADMINISTRATION
JB 9/26 4IMPRINT - SENIOR SUMMIT GIVEAWAY SMPUS BANK PURCHASING CARD PROGRAM 242.40 JB 10/07 4IMPRINT - SENIOR GIVEAWAY REFUND SMPUS BANK PURCHASING CARD PROGRAM (184.67) JB 10/01 HOBBY LOBBY - TREE LIGHTING GARLANDUS BANK PURCHASING CARD PROGRAM 142.18 C. S. ADMINISTRATION TOTAL: 199.91

IGLESIA PARK
OCT'24 LANDSCAPE MAINTENANCE IGLESIA PARKNIEVES LANDSCAPE INC 7,085.61 OCT'24 LANDSCAPE MAINTENANCE-IGLESIA IRRIGATIONNIEVES LANDSCAPE INC 80.00 OCT'24 LANDSCAPE MAINTENANCE-IGLESIA IRRIGATIONNIEVES LANDSCAPE INC 475.00 OCT'24 LANDSCAPE MAINTENANCE-IGLESIA IRRIGATIONNIEVES LANDSCAPE INC 627.05 IGLESIA PARK TOTAL: 8,267.66

IGLESIA BUILDING
11/17/24-2/16/25 IGLESIA ALARM MONITORINGIRIS GROUP HOLDINGS LLC 163.50 IGLESIA BUILDING TOTAL: 163.50

PLANNING
SEP'24 AFFORD. HOUSING CONSULTANT SERVICESREBECCA J CAHA 1,837.50 SK 10/01 HAMPTON INN -HOTEL CAL APA CONF - MDUS BANK PURCHASING CARD PROGRAM 450.54 SK 9/30 LEGISLATIVE UPDATE TRAININGUS BANK PURCHASING CARD PROGRAM 25.00 SK 10/05 INT'L CODE COUNCIL - ICC MEMBERSHIPUS BANK PURCHASING CARD PROGRAM 215.00 SK 10/17 APA - ANNUAL MEMBERSHIPUS BANK PURCHASING CARD PROGRAM 993.00 PLANNING TOTAL: 3,521.04

BUILDING
SK 10/10 IN MANHATTAN STITCHING - DEPT UNIFORMSUS BANK PURCHASING CARD PROGRAM 286.02 SK 10/10 IN MANHATTAN STITCHING - DEPT UNIFORMSUS BANK PURCHASING CARD PROGRAM 500.00 BUILDING TOTAL: 786.02

CODE ENFORCEMENT
SK 9/25 LIFE STORAGE FOR CONFISCATED TACO STANDUS BANK PURCHASING CARD PROGRAM 631.20 CODE ENFORCEMENT TOTAL: 631.20

ENGINEERING (GENERAL)
9/17/24-10/16/24 PUBLIC WORKS TABLETSAT&T 120.72
SEP'24 CAA - NPDESCHARLES ABBOTT ASSOC INC 13,972.50
SEP'24 CAA - SOLID WASTECHARLES ABBOTT ASSOC INC 3,545.00 ENGINEERING (GENERAL) TOTAL: 17,638.22

STREET MAINTENANCE
SEP'24 STREET INVESTIGATIONCHARLES ABBOTT ASSOC INC 5,827.50 STREET MAINTENANCE TOTAL: 5,827.50
15 Description (Item)Vendor Name Amount

LAW ENFORCEMENT-CONTRACT
NOV'24 LAW ENFORCEMENT/BODY CAMERAS/IN CAR VIDEOCOUNTY OF ORANGE 892,517.60 LAW ENFORCEMENT-CONTRACT TOTAL: 892,517.60

LAW ENFORCEMENT-OTHER
OCT'24 BMW REPAIR - CLUTCH REPAIRSEAVCO INC 1,628.49
9/17/24-10/16/24 PALS PHONE LINEAT&T 45.47
AUG'24 VEHICLE FUEL - AVPSVOYAGER FLEET SYSTEMS INC 233.24 SEP'24 VEHICLE FUEL - AVPSVOYAGER FLEET SYSTEMS INC 234.91 OCT'24 VEHICLE FUEL - AVPSVOYAGER FLEET SYSTEMS INC 268.54 9/29-10/12/24 460 HRS - CROSSING GUARD SERVICESALL CITY MANAGEMENT SERVICES 15,419.20 RD 10/02 SHELL - VEHICLE WASH AND FUELUS BANK PURCHASING CARD PROGRAM 24.60 RD 10/02 CHEVRON - VEHICLE WASH UNIT 2717US BANK PURCHASING CARD PROGRAM 29.99 RD 10/15 DENAULT'S HARDWARE - KEY RINGS FOR BOXUS BANK PURCHASING CARD PROGRAM 46.55 LAW ENFORCEMENT-OTHER TOTAL: 17,930.99
EOC
DL 9/14 LIFE STORAGE - OFFSITE UNIT #A1554US BANK PURCHASING CARD PROGRAM 290.00 SL 10/17 MWDOC - OCEMO 2024 MTG/AWARDS/LUNCHEONUS BANK PURCHASING CARD PROGRAM 62.00 SL 10/13 AMAZON - SAFETY SUPPLIESUS BANK PURCHASING CARD PROGRAM 82.30 SL 10/09 SOS SURVIVAL - SAFETY SUPPLIESUS BANK PURCHASING CARD PROGRAM 171.36 EOC TOTAL: 605.66
GENERAL FUND TOTAL: 985,141.14
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
OCT'24 LIGHTING SUPPLIES CH - 2ND FLR LEDCONSOLIDATED ELECTRICAL DISTRIBUTORS, INC 333.49 NOV'24 CH ASO ASSOCIATION DUESPACIFIC PARK II ASSOCIATION 502.00 OCT'24 LANDSCAPE MAINTENANCE CHNIEVES LANDSCAPE INC 701.73 10/01/24-10/31/24 MTR#16122180 CH GAS SVCTHE GAS COMPANY 361.14 KB 10/17 THE HOME DEPOT - MOVING EQUIPMENT CHUS BANK PURCHASING CARD PROGRAM 168.03 KB 10/07 THE HOME DEPOT - GARBAGE DISPOSAL CHUS BANK PURCHASING CARD PROGRAM 268.30 ACCT#65408/65407/65406 CH WATER SVCMOULTON NIGUEL WATER DIST 666.34 OCT'24 ACCT#7189 CH ELECTRICITYSO CAL EDISON 5,513.90
NON-DEPARTMENTAL TOTAL: 8,514.93
GEN. FD-CITY HALL TOTAL: 8,514.93
103 - GF-AV RECREATION SERVICES
NOV'24 REC1 REFUND - RAQUEL SCARDINA - FAL040RAQUEL SCARDINA 21.00

21.00 RECREATION SERVICES
9/22/24-10/21/24 AVR AT&T CALNET ALARM/POTS LINEAT&T 1,250.82 FALL2024-FAL804/FAL801 BASKETBALL -13 PARTICIPANTSBREAKTHROUGH SPORTS LLC 560.40 10/23 AVR BOTTLED WATER SERVICEDS SERVICES OF AMERICA, INC 44.56 9/17/24-10/16/24 REC PHONE LINESAT&T 181.88
9/17/24-10/16/24 REC TABLETAT&T 40.24
OCT'24 LANDSCAPE MAINTENANCE AVRNIEVES LANDSCAPE INC 2,341.86 OCT'24 LANDSCAPE MAINTENANCE-IRRIGATION REPAIR AVRNIEVES LANDSCAPE INC 166.50 OCT'24 LANDSCAPE MAINTENANCE-IRRIGATION REPAIR AVRNIEVES LANDSCAPE INC 314.75 OCT'24 LANDSCAPE MAINTENANCE-TRAPS NEAR CACTUS AVRNIEVES LANDSCAPE INC 360.00 FALL2024-FAL205/FAL133 BALLET - 2 PARTICIPANTSROXANNE BELL 203.00 FALL2024-FAL027/FAL031 GYMNASTICS - 8 PARTICIPANTSTUMBLE-N-KIDS, INC 615.00 NOV'24 AVR GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 667.06 JB 10/01 HOBBY LOBBY - RENTAL ARCHUS BANK PURCHASING CARD PROGRAM 64.65 JB 10/09 TARGET - STORAGE BINSUS BANK PURCHASING CARD PROGRAM 38.75 JB 10/21 COSTCO - BREAKROOM SUPPLIESUS BANK PURCHASING CARD PROGRAM 121.70 JNL 9/26 HERE COMES THE GUIDE - WEB POSTINGUS BANK PURCHASING CARD PROGRAM 680.00 JNL 9/26 WEDDING CHICKS - WEB POSTINGUS BANK PURCHASING CARD PROGRAM 750.00 KB 9/24 MCFADDEN-DALE - HARDWARE TABLE DOLLIES AVRUS BANK PURCHASING CARD PROGRAM 231.39 KB 9/24 JOHNSTONE SUPPLY - SAFETY BAG AVRUS BANK PURCHASING CARD PROGRAM 346.04 KB 10/16 THE HOME DEPOT - REPAIR AVRUS BANK PURCHASING CARD PROGRAM 25.15 KB 9/25 JOHNSTONE SUPPLY - CREDIT AVRUS BANK PURCHASING CARD PROGRAM (89.86) ACCT#105234/104936/104935/104986 RANCH WATER SVCMOULTON NIGUEL WATER DIST 1,538.90 ACCT#104515/104519 FARM WATER SVCMOULTON NIGUEL WATER DIST 1,164.04 OCT'24 ACCT#4551 FARM ELECTRICITYSO CAL EDISON 383.07
16 Description (Item)Vendor Name Amount
OCT'24 ACCT#6247 AVR ELECTRICITYSO CAL EDISON 3,186.02
RECREATION SERVICES TOTAL: 15,185.92
GF-AV RECREATION SERVICES TOTAL: 15,206.92
203 - GAS TAX

STREET MAINTENANCE
OCT'24 DATABASE MAINT + 53 TICKETSUNDERGROUND SERVICE ALERT OF SOUTHERN CA 108.05 SEP'24 ALISO CREEK MEDIAN TREE TRIMMINGGREAT SCOTT TREE SERVICE, INC 3,399.00 SEP'24 PACIFIC PARK MEDIAN TREE TRIMMINGGREAT SCOTT TREE SERVICE, INC 2,472.00 SEP'24 TRAFFIC SIGNAL MAINTENANCE RESPONSEBEAR ELECTRICAL SOLUTIONS INC 23,084.35 SEP'24 TRAFFIC SIGNAL MAINTENANCE ROUTINEBEAR ELECTRICAL SOLUTIONS INC 3,225.90 OCT'24 STREET SWEEPING SERVICESSCA OF CA LLC 8,972.06
OCT'24 LANDSCAPE MAINTENANCE MEDIANSNIEVES LANDSCAPE INC 1,641.51 ACCT#64613/64615/65346 MEDIANS WATER SVCMOULTON NIGUEL WATER DIST 820.69 OCT'24 ACCT#6377 LS2 ST LIGHTS ELECTRICITYSO CAL EDISON 1,292.07 OCT'24 ACCT#7241 LS1 ST LIGHTS ELECTRICITYSO CAL EDISON 17,744.76 OCT'24 ACCT#8254 TC1 ST LIGHTS ELECTRICITYSO CAL EDISON 3,847.39 STREET MAINTENANCE TOTAL: 66,607.78
GAS TAX TOTAL: 66,607.78
204 - MEASURE M

GEN-MEASURE M
JB 10/07 4IMPRINT - SENIOR GIVEAWAY REFUND SMPUS BANK PURCHASING CARD PROGRAM (738.67) JB 9/26 4IMPRINT - SENIOR SUMMIT GIVEAWAYS SMPUS BANK PURCHASING CARD PROGRAM 969.58 GEN-MEASURE M TOTAL: 230.91
MEASURE M TOTAL: 230.91
215 - PUBLIC SAFETY GRANTS

LAW ENFORCEMENT-OTHER
NOV'24 E CITATION/MDC EQUIPMENTCOUNTY OF ORANGE 6,120.27 LAW ENFORCEMENT-OTHER TOTAL: 6,120.27
PUBLIC SAFETY GRANTS TOTAL: 6,120.27
225 - INTEGRATED WASTE MGMT FD

GEN-TECHNOLOGY GRANTS
SEP'24 CAA CONTRACT SERVICES - SB1383CHARLES ABBOTT ASSOC INC 1,472.50 SEP'24 SB 1383 GAP ANALYSISHF&H CONSULTANTS LLC 5,444.75 OCT'24 SB 1383 GAP ANALYSISHF&H CONSULTANTS LLC 19,536.25 GEN-TECHNOLOGY GRANTS TOTAL: 26,453.50
INTEGRATED WASTE MGMT FD TOTAL: 26,453.50
261 - CITY FAC.-AQUATIC CENTER

GEN-AQUATIC CENTER
SEP'24 AQC TREE TRIMMINGGREAT SCOTT TREE SERVICE, INC 1,207.50 OCT'24 LANDSCAPE MAINTENANCE AQCNIEVES LANDSCAPE INC 944.42 OCT'24 LANDSCAPE MAINTENANCE-IRRIGATION REPAIR AQCNIEVES LANDSCAPE INC 529.94 OCT'24 LANDSCAPE MAINTENANCE-IRRIGATION REPAIR AQCNIEVES LANDSCAPE INC 80.00 10/02/24-11/01/24 MTR#15672349 AQC GAS SVCTHE GAS COMPANY 2,202.22 KB 10/02 SCP - SPA POOL TIMER BASKET AND WEIR AQCUS BANK PURCHASING CARD PROGRAM 69.63 KB 10/02 HIRSCH PIPE & SUPPLY - SHOWER VALVES AQCUS BANK PURCHASING CARD PROGRAM 184.13 KB 10/15 THE HOME DEPOT - BW REPAIR AQCUS BANK PURCHASING CARD PROGRAM 28.56 ACCT#64095/64096 AQC WATER SVCMOULTON NIGUEL WATER DIST 621.02 GEN-AQUATIC CENTER TOTAL: 5,867.42
CITY FAC.-AQUATIC CENTER TOTAL: 5,867.42
GRAND TOTAL: 1,114,142.87
17 Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 985,141.14985,141.14
102 - GEN. FD-CITY HALL 8,514.938,514.93
103 - GF-AV RECREATION SERVICES 15,206.9215,206.92
203 - GAS TAX 66,607.7866,607.78
204 - MEASURE M 230.91230.91
215 - PUBLIC SAFETY GRANTS 6,120.276,120.27
225 - INTEGRATED WASTE MGMT FD 26,453.5026,453.50
261 - CITY FAC.-AQUATIC CENTER 5,867.425,867.42
1,114,142.87Grand Total: 1,114,142.87
18 Accounts Payable Payable Dates: 10/25/2024 - 11/07/2024 11/7/2024 2:51:50 PM Page 6 of 7
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 985,141.14
102 - GEN. FD-CITY HALL 8,514.93
103 - GF-AV RECREATION SERVICES 15,206.92
203 - GAS TAX 66,607.78
204 - MEASURE M 230.91
215 - PUBLIC SAFETY GRANTS 6,120.27
225 - INTEGRATED WASTE MGMT FD 26,453.50
261 - CITY FAC.-AQUATIC CENTER 5,867.42
1,114,142.87Grand Total:

Account Summary
Payment AmountAccount Number Account Name
101-2603-000 ENGINEERING DEPOSIT 3,902.50
101-4-1101-4511-000 COMMUNICATION 237.43
101-4-1101-4520-000 MTGS/CONF./TRNG & D… 1,400.00
101-4-1501-4511-000 COMMUNICATION 95.98
101-4-1503-4309-000 OTHER CONTRACTUAL S… 3,023.10
101-4-1503-4520-000 MTGS/CONF./TRNG & D… 2,945.33
101-4-1503-4521-000 MEMBERSHIP & DUES 264.00
101-4-1601-4520-000 MTGS/CONF./TRNG & D… 2,864.09
101-4-1601-4734-000 CODIFICATION 258.00
101-4-2501-4301-000 PROFESSIONAL SERVICES 5,917.68
101-4-2501-4309-000 OTHER CONTRACTUAL S… 20.00
101-4-3101-4305-000 TECHNOLOGY SERVICES 6,346.83
101-4-3101-4481-000 COMPUTER EXPENSE 3,299.06
101-4-3501-4421-000 EQUIPMENT RENTAL 590.39
101-4-3501-4422-000 EQUIP RENTAL LEASE - P… 615.28
101-4-3501-4431-000 BUILDING & GROUND M… 3,452.40
101-4-3501-4513-000 PRINTING 151.17
101-4-3501-4516-000 FUEL 1,543.93
101-4-3501-4517-000 VEHICLE MAINTENANCE 35.00
101-4-3501-4542-000 INTEREST EXPENSE - LEA… 78.92
101-4-3501-4612-000 OPERATING SUPPLIES 10.75
101-4-4101-4524-000 RECREATION-SENIOR TR… 57.73
101-4-4101-4527-000 REC-CITY SPECIAL EVENTS 142.18
101-4-4102-4431-000 BUILDING & GROUND M… 8,267.66
101-4-4103-4309-000 OTHER CONTRACTUAL S… 163.50
101-4-4401-4309-000 OTHER CONTRACTUAL S… 1,837.50
101-4-4401-4520-000 MTGS/CONF./TRNG & D… 475.54
101-4-4401-4521-000 MEMBERSHIP & DUES 1,208.00
101-4-4402-4601-000 SUPPLIES 286.02
101-4-4402-4612-000 OPERATING SUPPLIES 500.00
101-4-4403-4761-000 C.S-CODE ENFORCEMENT 631.20
101-4-4501-4612-000 OPERATING SUPPLIES 120.72
101-4-4501-4701-000 NPDES 13,972.50
101-4-4501-4702-000 AB939-SOLID WASTE 3,545.00
101-4-4503-4771-000 C.S-STREET MAINTENAN… 5,827.50
101-4-5101-4308-000 LAW ENFORCEMENT 892,517.60
101-4-5102-4511-000 COMMUNICATION 45.47
101-4-5102-4516-000 FUEL 791.28
101-4-5102-4517-000 VEHICLE MAINTENANCE 1,628.49
101-4-5102-4612-000 OPERATING SUPPLIES 46.55
101-4-5102-4721-000 C.S-CROSSING GUARDS 15,419.20
101-4-5401-4471-000 RENT 290.00
101-4-5401-4520-000 MTGS/CONF/TRNG & D… 62.00
101-4-5401-4612-000 OPERATING SUPPLIES 253.66
102-4-3501-4411-000 UTILITIES 6,541.38
19 Accounts Payable Payable Dates: 10/25/2024 - 11/07/2024 11/7/2024 2:51:50 PM Page 7 of 7
Account Summary
Payment AmountAccount Number Account Name
102-4-3501-4431-000 BUILDING & GROUND M… 1,973.55
103-34161 CONTRACT CLASSES 21.00
103-4-4105-4305-000 TECHNOLOGY SERVICES 3,347.88
103-4-4105-4309-000 OTHER CONTRACTUAL S… 1,378.40
103-4-4105-4411-000 UTILITIES 4,724.92
103-4-4105-4431-000 BUILDING & GROUND M… 3,695.83
103-4-4105-4451-000 FARM OPERATING EXPE… 1,547.11
103-4-4105-4511-000 COMMUNICATION 222.12
103-4-4105-4601-000 SUPPLIES 44.56
103-4-4105-4620-000 MINOR EQUIPMENT 225.10
203-4-4503-4411-000 UTILITIES 23,704.91
203-4-4503-4771-000 C.S-STREET MAINTENAN… 33,930.81
203-4-4503-4772-000 C.S-STREET SWEEPING 8,972.06
204-4-6104-4309-000 OTHER CONTRACTUAL S… 230.91
215-4-5102-4803-000 PUBLIC SAFETY EQUIPM… 6,120.27
225-4-6141-4309-000 OTHER CONTRACTUAL S… 26,453.50
261-4-6161-7411-000 UTILITIES 2,823.24
261-4-6161-7421-000 BUILDING & GROUND M… 3,044.18
Grand Total: 1,114,142.87
Project Account Summary
Payment AmountProject Account Key
**None** 1,080,866.29
1002FALL 1,378.40
9264520 700.00
9294520 700.00
9934527 142.18
ENG 2250 262.50
ENG 2252 637.50
ENG 2254 315.00
ENG 2256 1,480.00
ENG 5002 52.50
ENG 5003 105.00
ENG 5004 945.00
ENG 5005 52.50
ENG 5057 52.50
SB13834309 26,453.50
Grand Total: 1,114,142.87
20 City of Aliso Viejo

AGENDA ITEM
DATE: November 20, 2024
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
SUBJECT: ANNUAL MEASURE M2 EXPENDITURE REPORT
Recommended Action:

Adopt a Resolution approving the City’s annual Measure M2 expenditure report for fiscal year ending June 30, 2024.

Fiscal Impact:

There is no financial impact in approving the annual expenditure report. The annual report is required to receive Measure M2 funds.

Background:

Measure M2 provides funding to local agencies through a half cent sales tax measure for street and traffic related maintenance and improvements and other transportation projects such as the Senior Mobility Program. Local jurisdictions are required to submit an annual report to the Orange County Transportation Authority to continue funding. The city has received approximately $9.5 million since 2011.

Discussion:

Requirements for the Measure M2 funding program include an annual report for all Measure M2 revenues and expenditures during the fiscal year, general fund monies expended to satisfy Maintenance of Effort requirements, and fund balances at the beginning and fiscal year end. Measure M2 resources totaled $1,220,146 and expenditures totaled $207,157 for fiscal year 2023-24. Projects funded by Measure M2 include the Aliso Creek signal synchronization and Senior Mobility Program.

Attachments:

1. Resolution

2. Measure M2 Expenditure Report for FY 2023-24
21

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RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, CONCERNING THE MEASURE M2 (M2)

EXPENDITURE REPORT FOR THE CITY OF CITY OF ALISO VIEJO
WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and
WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and
WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and
WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned, and expenditures identified by type and program or project; and WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL FOR THE CITY OF ALISO VIEJO DOES HEREBY INFORM OCTA THAT:
a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of fiscal year.
b) The M2 Expenditure Report is hereby adopted by the City of Aliso Viejo. c) The City of Aliso Viejo Director of Financial Services is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2024.
22

Page 2 of 3 ends

PASSED, APPROVED AND ADOPTED this 20th day of November, 2024. __________________________
Mike Munzing
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Lauren Torres, Deputy City Clerk 23

Page 3 of 3 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, LAUREN TORRES, Deputy City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2024-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 20th day of November, 2024, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

LAUREN TORRES

DEPUTY CITY CLERK
(SEAL)
24 25
26 27
28 29
City of Aliso Viejo

AGENDA ITEM
DATE: November 20, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Public Works Director / City Engineer SUBJECT: AGREEMENT WITH CREATIVE AIR MECHANICAL SERVICES FOR

CITY HALL HVAC IMPROVEMENTS
______________________________________________________________________ Recommended Actions:

1. Approve Contract Documents for City Hall HVAC Improvements;

2. Award an agreement in the amount of $160,840 to Creative Air Mechanical Services as the lowest responsible bidder for the City Hall HVAC Improvements;

3. Authorize the City Manager to execute an agreement with Creative Air Mechanical Services;

4. Authorize City staff to make total compensation to Creative Air Mechanical Services up to $160,840 plus $14,000 (8.7% of the agreement amount) to allow for contingencies, totaling $174,840; and

Fiscal Impact:

Total fiscal impact will be approximately $174,840 including construction ($160,840) and contingency ($14,000). The adopted fiscal year 2024-25 Capital Improvement Plan (CIP) budget includes $226,000 for this work, of which $113,000 is reimbursable through an awarded Energy Efficiency and Conservation Block Grant.

Background:

The City requested quotes from 4 contractors and obtained quotes from 2 contractors on 2 different units for the project.

Contractor Trane Bid RUUD Bid

1. Creative Air Mechanical Services $168,450.00 $160,840.00

2. Harbor Pointe $204,079.24 $167,540.92

3. Triton (Old Quote – Not Responsive) $212.535.50 N/R

4. Rohan & Sons (Not Responsive) N/R N/R
30

Page 2 of 2 ends

City staff has reviewed the quote from Creative Air Mechanical Services and the quote appears to be responsive and complete.

This project is exempt from the CEQA process since it is maintaining existing facilities.

Discussion:

Heating, Ventilation and Air Conditioning (HVAC) equipment typically has a useful life of 10-15 years. The City last upgraded the two 25 ton rooftop units in 2011. Although the units are working properly with regular preventive maintenance, they are at the point that failure is a possibility. The timing of the Energy Efficiency and Conservation Block Grant makes replacement at this time financially prudent. The upgrade should also result in energy savings due to newer, more efficient units. Given the affordability and reliability of the RUUD brand, as well as better compatibility with the existing building structure and rooftop screening, staff recommends this unit. The improvements will also include a new master thermostat system that will allow for the ability to run the system remotely.

Staff respectfully requests approval of the recommended actions.

Attachments:

1. Agreement
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1
1 HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards

A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR

5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:

1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

2. The classification is used in the area by the construction industry; and

3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR

5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be 57 Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1
2 classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

2. The classification is used in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met.

The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

58 Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1
3 2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR

5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any 59 Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1
4 costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker’s Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/ sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).

C. Statement of Compliance Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;

2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly 60 Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1
5 from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and

3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by 29 CFR 5.5(a)(3)(ii)(C).

E. Signature The signature by the contractor, subcontractor, or the contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.

F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iv Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.

B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.

C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to 61 Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1
6 the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.

C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR

5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.

D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed. ii Equal employment opportunity The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 62 Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1
7 6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.
7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8 Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or
iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5.

B. Contract Work Hours and Safety Standards Act (CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must 63 Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1
8 be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the terms “laborers and mechanics” include watchpersons and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).

3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, 64 Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1
9 due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.

C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.

D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text.

E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law.

65 Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1
10 F. HEALTH AND SAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds $100,000.

1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.

2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.

3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
66 January 2012
Previous versions obsolete
U.S. Department of Housing
and Urban Development
Labor Relations Desk Guide
LR01.DG

DAVIS-BACON

LABOR STANDARDS
A Contractor’s Guide
to Prevailing Wage Requirements
for Federally-Assisted Construction Projects
67 68
i

INTRODUCTION
This Guide has been prepared for you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis- Bacon prevailing wage requirements. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are appli- cable. While the guidance contained in this Guide is generally applicable to any Davis-Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed to the Contracting Officer who signed the contract for the Federal agency.

Our objective here is to provide you with a guide which is simple and non-bureaucratic yet comprehensive and which will help you better understand and comply with Davis-Bacon labor standards. HUD’s Office of Labor Relations worked closely with the Department of Labor’s Wage and Hour Division to make sure that the labor standards provisions in your contract and the specifics of complying with them represent the latest information. It is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-to-day responsibilities of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding.

There are three chapters in this Guide. The first chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both what’s in your contract that requires Davis-Bacon compliance and your respon- sibilities. The second chapter deals with labor standards and payroll reporting requirements.

The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been) paid and any back wages that may be due.

Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the pur- pose of this Guide, we are assuming that a determination has already been made that Davis- Bacon wage rates are applicable. Should you wish assistance in determining whether Davis- Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HUD Labor Relations Field staff for your area. If you don’t know which staff to contact, a list of Labor Relations field offices and their geographic areas and telephone numbers can be found on HUD’s Home Page at the address below.

Visit the Office of Labor Relations on-line:
http://www.hud.gov/offices/olr
Obtain additional copies of this Guide and other publications at our website or by telephone from HUD’s Customer Service Center at (800)767-7468.
69 70
iii

TABLE OF CONTENTS
INTRODUCTION ................................................................................................................i CHAPTER 1 LAWS, REGULATIONS, CONTRACTS
AND RESPONSIBILITIES .................................................................1-1 1-1 DAVIS-BACON AND OTHER LABOR LAWS. .......................................................1-1 a. The Davis-Bacon Act (DBA) ...............................................................................1-1 b. The Contract Work Hours and Safety Standards Act (CWHSSA) ......................1-1 c. The Copeland Act (Anti-Kickback Act)................................................................1-2 d. The Fair Labor Standards Act (FLSA) ................................................................1-2 1-2 DAVIS-BACON REGULATIONS .............................................................................1-2 1-3 CONSTRUCTION CONTRACT PROVISIONS .......................................................1-2 1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR ......................................1-3 1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR .................................1-4 CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS
AND PAYROLL REPORTING REQUIREMENTS .............................2-1

SECTION - I THE BASICS
2-1 THE WAGE DECISION ...........................................................................................2-1 a. The work classifications and wage rates ............................................................2-1 b. Posting the wage decision..................................................................................2-2 2-2 ADDITIONAL “TRADE” CLASSIFICATIONS AND WAGE RATES .......................2-2 a. Additional classification rules .............................................................................2-2 b. Making the request .............................................................................................2-3 c. HUD review ........................................................................................................2-3 d. DOL decision ......................................................................................................2-3 2-3 CERTIFIED PAYROLL REPORTS ..........................................................................2-4 a. Payroll formats ...................................................................................................2-4 b. Payroll certifications ...........................................................................................2-4 c. “No work” payrolls ..............................................................................................2-4 d. Payroll review and submission ...........................................................................2-5 e. Payroll retention .................................................................................................2-5 f. Payroll inspection ...............................................................................................2-5 2-4 DAVIS-BACON DEFINITIONS ................................................................................2-5 a. Laborer or mechanic ..........................................................................................2-5 b. Employee ...........................................................................................................2-6 c. Apprentices and trainees....................................................................................2-6 d. Prevailing wages or wage rates .........................................................................2-7 e. Fringe benefits....................................................................................................2-7 f. Overtime .............................................................................................................2-7 g. Deductions .........................................................................................................2-8 h. Proper designation of trade ................................................................................2-8 i. Site of work.........................................................................................................2-8 71 iv

SECTION - II REPORTING REQUIREMENT
2-5 COMPLETING A PAYROLL REPORT ....................................................................2-9 a. Project and contractor/subcontractor information...............................................2-9 b. Employee information.........................................................................................2-9 c. Work classification ..............................................................................................2-9 d. Hours worked .....................................................................................................2-10 e. Rate of pay .........................................................................................................2-10 f. Gross wages earned ..........................................................................................2-10 g. Deductions .........................................................................................................2-11 h. Net pay ...............................................................................................................2-11 i. Statement of compliance ....................................................................................2-11 j. Signature ............................................................................................................2-11

SECTION III - PAYROLL REVIEWS AND CORRECTIONS
2-6 COMPLIANCE REVIEWS .......................................................................................2-12 a. On-site interviews ...............................................................................................2-12 b. Project payroll reviews .......................................................................................2-12 2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS .......................2-12 a. Inadequate payroll information ...........................................................................2-12 b. Missing identification numbers ...........................................................................2-12 c. Incomplete payrolls ............................................................................................2-13 d. Classifications ....................................................................................................2-13 e. Wage Rates ........................................................................................................2-13 f. Apprentices and trainees....................................................................................2-13 g. Overtime .............................................................................................................2-13 h. Computations .....................................................................................................2-13 i. Deductions .........................................................................................................2-13 j. Fringe benefits....................................................................................................2-14 k. Signature ............................................................................................................2-14 l. On-site interview comparisons ...........................................................................2-14 m. Correction certified payroll..................................................................................2-14 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES .............................................2-14 a. Notification..........................................................................................................2-14 b. Computing wage restitution ................................................................................2-15 c. Correction certified payrolls ................................................................................2-15 d. Review of correction CPR ..................................................................................2-15 e. Unfound workers ................................................................................................2-15 72 v
CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE

REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW
ACCOUNTS, AND SANCTIONS .......................................................3-1 3-1 INTRODUCTION .....................................................................................................3-1 3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES .....................3-1 a. Additional classifications and wage rates ...........................................................3-1 b. Findings of underpayment ..................................................................................3-2 3-3 WITHHOLDING .......................................................................................................3-2 3-4 DEPOSITS AND ESCROWS ..................................................................................3-3 3-5 ADMINISTRATIVE SANCTIONS ............................................................................3-4 a. DOL debarment ..................................................................................................3-4 b. HUD sanctions ...................................................................................................3-4 3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS ........................................3-5

APPENDICIES
ACRONYMS AND SYMBOLS ...........................................................................................A-1 DAVIS-BACON - RELATED WEB SITES* ........................................................................A-2 HUD-4720, Project Wage Rate Sheet ..............................................................................A-3 WH-347, Payroll Form/Statement of Compliance ..........................................................A-4 73 74
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CHAPTER 1 LAWS, REGULATIONS, CONTRACTS

AND RESPONSIBILITIES
The following paragraphs describe what the labor standards laws and regulations actually say and what they mean to you on HUD projects:
1-1 DAVIS-BACON AND OTHER LABOR LAWS.
a. The Davis-Bacon Act (DBA). The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Labor) to all laborers and mechanics on Federal government and District of Columbia construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works.
b. The Contract Work Hours and Safety Standards Act (CWHSSA). CWHSSA requires time and one-half pay for overtime (O/T) hours (over 40 in any workweek) worked on the covered project. The CWHSSA applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA violations carry a liquidated damages penalty ($10/day per violation). Intentional violations of CWHSSA standards can be considered for Federal criminal prosecution.

CWHSSA does not apply to prime contracts of $100,000 or less. In addition, some HUD projects are not covered by CWHSSA because some HUD programs only provide loan guarantees or insurance. CWHSSA also does not apply to construction or rehabilitation contracts that are not subject to Federal prevailing wage rates (e.g., Davis-Bacon wage rates, or HUD-determined rates for operation of public housing and Indian block grant- assisted housing). However, even though CWHSSA overtime pay is not required, Fair Labor Standards Act (FLSA) overtime pay is probably still applicable. (See also Labor Relations Letter SL-95-01, CWHSSA Coverage threshold for overtime and health and safety provision, available on-line at the HUD Labor Relations Library at: www.hud.gov/ offices/olr/library.cfm)
Most HUD construction work is not covered by the DBA itself since HUD seldom contracts directly for construction services. Most often, if Davis-Bacon wage rates apply to a HUD project it is because of a labor provision contained in one of HUD’s “Related Acts” such as the U. S. Housing Act of 1937, the National Housing Act, the Housing and Community Development Act of 1974, the National Affordable Housing Act of 1990, and the Native American Housing Assistance and Self-Determination Act of 1996. The Related Acts are often referred to as the Davis-Bacon and Related Acts or DBRA. 75 1-2
c. The Copeland Act (Anti-Kickback Act). The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally- assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions. d. The Fair Labor Standards Act (FLSA). The FLSA contains Federal minimum wage rates, overtime (O/T), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA.

HUD will refer to the DOL any possible FLSA violations that are found on HUD projects.

1-2 DAVIS-BACON REGULATIONS.

The Department of Labor (DOL) has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title 29 CFR Parts 1, 3, 5, 6 and 7 . Part 1 explains how the DOL establishes and publishes DBA wage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports.

Part 5 covers the labor standards provisions that are in your contract relating to Davis- Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor standards on construction and service contracts. Last, Part 7 sets parameters for practice before the Administrative Review Board. These regulations are used as the basis for administering and enforcing the laws. 1-3 CONSTRUCTION CONTRACT PROVISIONS
Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and a Davis-Bacon wage decision. These documents are normally bound into the contract specifications.
a. The labor standards clauses. The labor standards clauses describe the responsibilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-2554, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects DOL Regulations are available on-line on the World Wide Web:
http://www.dol.gov/dol/allcfr/Title_29.htm
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administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction or the HUD-5370-EZ (construction contracts ≤$100,000) which are used for Public and Indian Housing projects.
b. Davis-Bacon Wage Decisions. The Davis-Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid.

Davis-Bacon wage decisions are established by the DOL for various types of construction (e.g., residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified from time to time to keep them current. In most cases, when the contract is awarded or when construction begins, the wage decision is “locked-in” and no future modifications are applicable to the contract or project involved.
1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR
The principal contractor (also referred to as the prime or general contractor) is responsible for the full compliance of all employers (the contractor, subcontractors and any lower-tier subcontractors) with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. (See Contract Administrator, below.) To make this Guide easier to understand, the term “prime contractor” will mean the principal contractor; “subcontractor” will mean all subcontractors including lower-tier subcontractors; and the term “employer” will mean all contractors as a group, including the prime contractor and any subcontractors and lower-tier subcontractors.

HUD program labor standards forms are available on-line at:
www.hud.gov/offices/adm/hudclips/index.cfm
All current Davis-Bacon wage decisions can be accessed on-line at no cost at:
http://www.wdol.gov
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1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR.

The contract administrator is responsible for the proper administration and enforcement of the Federal labor standards provisions on contracts covered by Davis-Bacon requirements. We use this term to represent the person (or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner, sponsor, architect), including providing the proper Davis-Bacon wage decision (see 2-1, The Wage Decision) and ensuring that the wage decision and contract clauses are incorporated into the contract for construction. The contract administrator also monitors labor standards compliance (see 2-6, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll reports, and oversees any enforcement actions that may be required.

The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered directly by HUD staff, usually FHA- insured multifamily projects, the contract administrator will be the HUD Labor Relations field staff. But many HUD-assisted projects are administered by local contracting agencies such as Public Housing Agencies (PHAs), Indian tribes and tribally-designated housing entities (TDHEs), and States, cities and counties under HUD’s Community Development Block Grant (CDBG) and HOME programs. In these cases, the contract administrator will likely be local agency staff. In either case, the guidance for you remains essentially the same.

The DOL also has a role in monitoring Davis-Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit Davis-Bacon construction sites to interview construction workers or review payroll information.

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CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS

AND PAYROLL REPORTING REQUIREMENTS
WHERE TO START? Now that you know you’re on a Davis-Bacon project and you know some of the legal and practical implications, what’s next?

SECTION I - THE BASICS
2-1 THE WAGE DECISION.

Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, Plumbers, Roofers, Laborers, and other construction work classifications that may be needed for the project. The Davis-Bacon wage decision that applies to the project contains a schedule of work classifications and wage rates that must be followed.

If you don’t have it already (and by now you should), you’ll want to get a copy of the applicable Davis-Bacon wage decision.
a. The work classifications and wage rates. A Davis-Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. You’ll want to make sure that the work classification(s) you need are contained in the wage decision and make certain you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and/or types of construction work (for example, residential and commercial work) and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or local agency staff) if you have any trouble reading the wage decision or finding the work classification(s) you need.

To make reading lengthy wage decisions easier for you, the contract administrator may prepare a Project Wage Rate Sheet (HUD-4720). This Sheet is a one-page transcript that will show only the classifications and wage rates for a particular project. A blank copy of a Project Wage Rate Sheet is provided for you in the appendix. Also, a fillable version of this form is available on-line at HUDClips (see web address in the Appendix). Contact the contract administrator monitoring your project for assistance with a Project Wage Rate Sheet.

Remember, the wage decision is contained in the contract specifications along with the labor standards clauses. See 1-3, Construction Contract Provisions. 79 2-2
b. Posting the wage decision. If you are the prime contractor, you will be responsible for posting a copy of the wage decision (or the Project Wage Rate Sheet) and a copy of the DOL Davis-Bacon poster titled Employee Rights under the Davis-Bacon Act (Form WH- 1321) at the job site in a place that is easily accessible to all of the construction workers employed at the project and where the wage decision and poster won’t be destroyed by wind or rain, etc. The Employee Rights under the Davis-Bacon Act poster is available in English and Spanish on-line at HUDClips (see address in the Appendix). 2-2 ADDITIONAL “TRADE” CLASSIFICATIONS AND WAGE RATES.

What if the work classification you need isn’t on the wage decision? If the work classification(s) that you need doesn’t appear on the wage decision, you will need to request an additional classification and wage rate. This process is usually very simple and you’ll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications; you’ll find these rules in the DOL regulations, Part 5, and in the labor clauses in your contract. The rules are summarized for you here:
a. Additional classification rules. Additional classifications and wage rates can be approved if:

1. The requested classification is used by construction contractors in the area of the project. (The area is usually defined as the county where the project is located).

2. The work that will be performed by the requested classification is not already performed by another classification that is already on the wage decision. (In other words, if there already is an Electrician classification and wage rate on the wage decision you can’t request another Electrician classification and rate.)

3. The proposed wage rate for the requested classification “fits” with the other wage rates already on the wage decision. (For example, the wage rate proposed for a trade classification such as Electrician must be at least as much as the lowest wage rate for other trade classifications already contained in the wage decision.) And,

4. The workers that will be employed in the added classification (if it is known who the workers are/will be), or the workers’ representatives, must agree with the proposed wage rate.

The Employee Rights under the Davis-Bacon Act poster (WH-1321) replaces the Notice to all Employees. The new poster is available in English and Spanish on-line at HUDClips (see address in the Appendix).
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b. Making the request. A request for additional classification and wage rate must be made in writing through the contract administrator. (If the contract administrator is a local agency, the agency will send the request to the HUD Labor Relations staff.) If you are a subcontractor, your request should also go through the prime contractor. All you need to do is identify the work classification that is missing and recommend a wage rate (usually the rate that employer is already paying to the employees performing the work) for that classification. You may also need to describe the work that the new classification will perform.
c. HUD review. The HUD Labor Relations field staff will review the requested classification and wage rate to determine whether the request meets the DOL rules outlined in paragraph 2-2(a), above. If additional information or clarification is needed, the staff will contact the prime contractor (or contract administrator for local agency projects) for more information, etc. If the Labor Relations review finds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a copy of the preliminary approval/referral letter to the DOL.

If the HUD Labor Relations staff doesn’t think the request meets the rules and if agreement can’t be reached on the proper classification or wage rate for the work described, the HUD Labor Relations staff will not approve the request. In this case, the staff will send your request to the DOL with an explanation why HUD believes that the request shouldn’t be approved. The DOL still has final decision authority. You will receive a copy of the disapproval/referral letter to the DOL.
d. DOL decision. The DOL will respond to HUD Labor Relations in writing about the additional classification and wage rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval notice on the job site with the wage decision.

If the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the work in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to get your recommendation approved.

It’s always a good idea to talk to the contract administrator before submitting an additional classification and wage rate request. The contract administrator can offer suggestions and advice that may save you time and increase the likelihood that DOL will approve your request. Usually, the contract administrator can give you an idea about what the DOL will finally decide.
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2-3 CERTIFIED PAYROLL REPORTS.

You’ll need to submit a weekly certified payroll report (CPR) beginning with the first week that your company works on the project and for every week afterward until your firm has completed its work. It’s always a good idea to number the payroll reports beginning with #1 and to clearly mark your last payroll for the project “Final.” a. Payroll formats. The easiest form to use is DOL’s WH-347, Payroll. A sample copy of the WH-347 is included in the back of this Guide. You may access a fillable version of the WH-347 on-line at HUDClips (see web address in the Appendix). Also, the contract administrator can provide a few copies of the WH-347 that you can reproduce. b. Payroll certifications. The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll certification language is on the reverse side of the WH-347. If you are using another type of payroll format you may attach the certification from the back of the WH- 347, or any other format which contains the same certification language on the WH-347 (reverse).
c. “No work” payrolls. “No work” payrolls may be submitted whenever there is a temporary break in your work on the project, for example, if your firm is not needed on the project right now but you will be returning to the job in a couple of weeks. (See tip box, for “no work” payroll exemption!) However, if you know that your firm will not be working on the project for an extended period of time, you may wish to send a short note to the contract administrator to let them know about the break in work and to give an approximate date when your firm will return to the project. If you number payrolls consecutively or if you send a note, you do not need to send “no work” payrolls.

You are not required to use Payroll form WH-347. You are welcome to use any other type of payroll, such as computerized formats, as long as it contains all of the information that is required on the WH-347.

DOL’s website has Payroll Instructions and the Payroll form WH-347 in a “fillable” PDF format at this address:
www.dol.gov/whd/forms/wh347.pdf
If you number your payroll reports consecutively, you do not need to submit “no work” payrolls!
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d. Payroll review and submission. The prime contractor should review each subcontractor’s payroll reports for compliance prior to submitting the reports to the contract administrator.

Remember, the prime contractor is responsible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports for any project must be submitted to the contract administrator through the prime contractor. e. Payroll retention. Every contractor (including every subcontractor) must keep a complete set of their own payrolls and other basic records such as employee addresses and full SSNs, time cards, tax records, evidence of fringe benefit payments, for a Davis-Bacon project for at least 3 years after the project is completed. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project.
f. Payroll inspection. In addition to submitting payrolls to the contract administrator, every contractor (including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL.
2-4 DAVIS-BACON DEFINITIONS.

Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These definitions can help you understand what will be required of you:
a. Laborer or mechanic. “Laborers” and “mechanics” mean anyone who is performing construction work on the project, including trade journeymen (carpenters, plumbers, sheet metal workers, etc.), apprentices, and trainees and, for CWHSSA purposes, watchmen and guards. “Laborers” and “mechanics” are the two groups of workers that must be paid not less than Davis-Bacon wage rates.

1. Working foremen . Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered “laborers” and “mechanics” for labor standards purposes for the time spent performing construction work.

2. Exclusions. People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc. (Contact the contract administrator if you have any questions about whether a particular employee is excluded.) An alert prime contractor that reviews subcontractor payroll submissions can detect any misunderstandings early, prevent costly underpayments and protect itself from financial loss should underpayments occur.
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b. Employee. Every person who performs the work of a laborer or mechanic is “employed” regardless of any contractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor must make sure that the worker is paid at least as much as the wage rate on the wage decision for the classification of work they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics.
c. Apprentices and trainees. The only workers who can be paid less than the wage rate on the wage decision for their work classification are “apprentices” and “trainees” registered in approved apprenticeship or training programs. Approved programs are those which have been registered with the DOL or a DOL-recognized State Apprenticeship Council (SAC).

Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program.

1. Probationary apprentice. A “probationary apprentice” can be paid as an apprentice (less than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice.

2. Pre-apprentice. A “pre-apprentice”, that is, someone who is not registered in a program and who hasn’t been DOL- or SAC-certified for probationary apprenticeship is not considered to be an “apprentice” and must be paid the full journeyman’s rate on the wage decision for the classification of work they perform.

3. Ratio of apprentices and trainees to journeymen. The maximum number of apprentices or trainees that you can use on the job site cannot exceed the ratio of apprentices or trainees to journeymen allowed in the approved program.

Most often, the apprentice/trainee wage rate is expressed as a series of percentages tied to the amount of time spent in the program. For example, 0-6 months: 65%; 6 months - 1 year: 70%; etc. The percentage is applied to the journeyman’s wage rate. On Davis- Bacon projects, the percentage must be applied to the journeyman’s wage rate on the applicable wage decision for that craft.

For more information about working subcontractors, ask the contract administrator or your HUD Labor Relations Field Staff for a copy of Labor Relations Letter LR-96-01, Labor standards compliance requirements for self-employed laborers and mechanics.

Labor Relations Letters and other helpful Labor Relations publications are available at HUD’s Labor Relations web site (see the list of web site addresses in the Appendix). 84 2-7
d. Prevailing wages or wage rates. Prevailing wage rates are the wage rates listed on the wage decision for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage decisions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe benefit rate to the basic hourly rate unless you provide bona fide fringe benefits for your employees.

1. Piece-work. Some employees are hired on a piece-work basis, that is, the employee’s earnings are determined by a factor of work produced. For example, a Drywall Hanger’s earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter’s earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked.

Accurate time records must be maintained for any piece-work employees.

If the weekly piece rate earnings are not sufficient, the employer must recompute weekly earnings based upon the actual hours worked and the rate on the wage decision for the work classification(s) involved. e. Fringe benefits Fringe benefits can include health insurance premiums, retirement contributions, life insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits do not include employer payments or contributions required by other Federal, State or local laws, such as the employer’s contribution to Social Security or some disability insurance payments.
f. Overtime. Overtime hours are defined as all hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one- half times the regular rate of basic pay plus the straight-time rate of any required fringe benefits.

Note that the total hourly wage rate paid to any laborer or mechanic (basic wage or basic wage plus fringe benefits) may be no less than the total wage rate (basic wage or basic wage plus fringe benefits) on the wage decision for their craft. If the value of the fringe benefit(s) you provide is less than the fringe benefit rate on the wage decision, you will need to add the balance of the wage decision fringe benefit rate to the basic rate paid to the employee. For example, if the wage decision requires $10/hour basic rate plus $5/ hour fringe benefits, you must pay no less than that total ($15/hour) in the basic rate or basic rate plus whatever fringe benefit you may provide. You can meet this obligation in several ways: you could pay the base wage and fringe benefits as stated in the wage decision, or you could pay $15 in base wage with no fringe benefits, or you could pay $12 basic plus $3 fringe benefits. You can also off-set the amount of the base wage if you pay more in fringe benefits such as by paying or $9 basic plus $6 fringe benefits; as long as you meet the total amount. The amount of the base wage that you may off-set with fringe benefits is limited by certain IRS and FLSA requirements. 85 2-8
g. Deductions. You may make payroll deductions as permitted by DOL Regulations 29 CFR Part 3. These regulations prohibit the employer from requiring employees to “kick-back” (i.e., give up) any of their earnings. Allowable deductions which do not require prior DOL permission include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any other legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgments and other financial obligations legally imposed against the employee. h. Proper designation of trade. You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for Carpenters even if they aren’t considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs.

1. Split-classification. If you have employees that perform work in more than one trade during a work week, you can pay the wage rates specified for each classification in which work was performed only if you maintain accurate time records showing the amount of time spent in each classification of work. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed. i. Site of work. The “site of work” is where the Davis-Bacon wage rates apply. Usually, this means the boundaries of the project. “Site of work” can also include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project.

Referring, again, to our example above where the wage decision requiring a $15 total wage obligation ($10 basic wage plus $5 fringe benefits) was met by paying $9 base wage plus $6 fringe benefits: Note that overtime rates must be based on one and one-half times the basic rate as stated on the wage decision. In the above example, the employer must pay for overtime: $15/hr ($9 basic + $6 fringe) plus $5 (one-half of $10, the wage decision basic rate) for a total of $20 per hour.
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SECTION II - REPORTING REQUIREMENTS
2-5 COMPLETING A PAYROLL REPORT.

What information has to be reported on the payroll form? The weekly payroll form doesn’t ask for any information that you don’t already need to keep for wage payment and tax purposes. For example, you need to know each employee’s name; his or her work classification (who is working for you and what do they do?), the hours worked during the week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the net amount paid (how much should the paycheck be made out for?). No more information than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more information than you need to keep for IRS, Social Security and other tax and employment purposes.

You are required to submit certified payrolls to illustrate and document that you have complied with the prevailing wage requirements. The purpose of the contract administrator’s review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quickly. a. Project and contractor/subcontractor information. Each payroll must identify the contractor or subcontractor’s name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended.
b. Employee information. Effective January 18, 2009, payrolls shall not report employee addresses or full Social Security Numbers (SSNs). Instead, the first payroll on which each employee appears shall include the employee’s name and an individually identifying number, usually the last 4 digits of the employee’s SSN. Afterward, the identifying number does not need to be reported unless it is necessary to distinguish between employees, e.g., if two employees have the same name.

Employers (prime contractors and subcontractors) must maintain the current address and full SSN for each employee and must provide this information upon request to the contracting agency or other authorized representative responsible for federal labor standards compliance monitoring. Prime contractors may require a subcontractor(s) to provide this information for the prime contractor’s records. DOL has modified form WH- 347, Payroll, to accommodate these reporting requirements. c. Work classification. Each employee must be classified in accordance with the wage decision based on the type of work they actually perform.

For many contractors, the Weekly Certified Payroll is the only Davis-Bacon paperwork you need to submit!
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1. Apprentices or trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of that apprentice’s or trainee’s registration in a registered or approved program. A copy of the portions of the registered or approved program pertaining to the wage rates and ratios shall also accompany the first payroll on which the first apprentice or trainee appears.

2. Split classifications. For an employee that worked in a split classification, make a separate entry for each classification of work performed distributing the hours of work to each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the total gross amount earned for all classifications.
d. Hours worked. The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and total weekly hours for each employee. If an employee performs work at job sites other than the project for which the payroll is prepared, those “other job” hours should not be reported on the payroll. In these cases, you should list the employee’s name, classification, hours for this project only, the rate of pay and gross earnings for this project, and the gross earned for all projects. Deductions and net pay may be based upon the employee’s total earnings (for all projects) for the week. e. Rate of pay. Show the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and you do not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked.

1. Piece-work. For any piece-work employees, the employer must compute an effective hourly rate for each employee each week based upon the employee’s piece-work earnings for that week. To compute the effective hourly rate, divide the piece-work earnings by the total number of hours worked, including consideration for any overtime hours.

The effective hourly rate must be reflected on the certified payroll and this hourly rate may be no less than the wage rate (including fringe benefits, if any) on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week-to-week, only that the rate is no less than the rate on the wage decision for the classification of work performed. f. Gross wages earned. Show the gross amount of wages earned for work performed on this project. Note: For employees with work hours and earnings on other projects, you may show gross wages for this project over gross earnings all projects (for example, $425.40/$764.85) and base deductions and net pay on the “all projects” earnings.

Remember, the overtime rate is computed at one and one-half times the basic rate of pay plus any fringe benefits. For example, if the wage decision requires $10/hour basic plus $5/hour fringe benefits, the overtime rate would be: ($10 x 1 ½) + $5 = $20/hour. 88 2-11
g. Deductions. Show the amounts of any deductions from the gross earnings. “Other” deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collective bargaining (union) agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears. h. Net pay. Show the net amount of wages paid.
i. Statement of compliance. The Statement of Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347). Be sure to complete the identifying information at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to approved plans or programs; and 4(b) indicates that you are paying any required fringe benefit amounts directly to the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c).
j. Signature. Make sure the payroll is signed with an original signature in ink. The payroll must be signed by a principal of the firm (owner or officer such as the president, treasurer or payroll administrator) or by an authorized agent (a person authorized by a principal in writing to sign the payroll reports). Signature authorization (for persons other than a principal) should be submitted with the first payroll signed by such an agent. Signatures in pencil; signature stamps; xerox, pdf and other facsimiles are not acceptable.

Only one employee authorization is needed for recurring (e.g., weekly) other deductions.

Written employee authorization is not required for income tax and Social Security deductions.

Only one Statement of Compliance is required for each employer’s weekly payroll no matter how many pages are needed to report the employee data. 89 2-12

SECTION III - PAYROLL REVIEWS AND CORRECTIONS
2-6 COMPLIANCE REVIEWS.

The contract administrator or other inspector may visit the project site and interview some of the workers concerning their employment on the project. The DOL may also independently conduct its own reviews (see 1-5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards requirements have been met. You will be notified by the contract administrator if these reviews find any discrepancies or errors.

You will be given instructions about what steps must be taken to correct any problems. a. On-site interviews. Every employer (contractor, subcontractor, etc.) must make their employees available for interview at the job site with the contract administrator or other agency representative, or HUD or DOL representative. The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay. Every effort will be made to ensure that these interviews cause as little disruption as possible to the on-going work. The interviewer will record the interview information, usually on a form HUD-11, Record of Employee Interview, and forward the interviews to the contract administrator.
b. Project payroll reviews. The contract administrator will compare the information on the interview forms to the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days and hours worked on the job site, work classification and rate of pay. The contract administrator will also review the payroll submissions to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifications are submitted (where needed); employee or other authorizations for other deductions are submitted (where needed); etc.
2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS.

The following paragraphs describe common payroll errors and the corrective steps you must take.
a. Inadequate payroll information. If an alternate payroll format used by an employer (such as some computer payrolls) is inadequate, e.g., does not contain all of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls on an acceptable form.
b. Missing identification numbers. If the first payroll on which an employee appears does not contain the employee’s individually identifying number, the employer will be asked to supply the missing information. This information can be reported on the next payroll submitted by the employer if the employer is still working on the project. Otherwise, the employer will be asked to submit a correction certified payroll. 90 2-13
c. Incomplete payrolls. If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will be asked to send a correction certified payroll.
d. Classifications. If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision or the employer may request an additional classification and wage rate (see 2-2). If reclassification results in underpayment (i.e., the wage rate reported on the payroll is less than the rate required for the new classification), the employer will be asked to pay wage restitution to all affected reclassified employees. (see 2-8 for instructions about wage restitution.)
e. Wage rates. If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees.
f. Apprentices and trainees. If a copy of the employee’s registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentice’s or trainee’s registration and/or the approved program ratio and wage schedule. If the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program, the employer will be asked to pay wage restitution to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeyman’s wage rate for the classification of work they performed.
g. Overtime. If the employees did not receive at least time and one-half for any overtime hours worked on the project, the following will occur:

1. If the project is subject to CWHSSA overtime requirements, the employer will be asked to pay wage restitution for all overtime hours worked on the project. The employer may also be liable to the United States for liquidated damages computed at $10 per day per violation. Or,

2. If the project is not subject to CWHSSA, the employer will be notified of the possible FLSA overtime violations. Also, the contract administrator may refer the matter to the DOL for further review.
h. Computations. If the payroll computations (hours worked times rate of pay) or extensions (deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if underpayments resulted from the errors. i. Deductions. If there are any “Other” deductions that are not identified, or if employee authorization isn’t provided, or if there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authorization or explain unusual deductions, as necessary. 91 2-14
j. Fringe benefits. If the wage decision contains fringe benefits but the payroll does not indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit correction certified payrolls and will be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary. k. Signature. If the payroll Statement of Compliance is not signed or is missing, the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compliance is signed by a person who is not a principle of the firm and that person has not been authorized by principle to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature of a principle or other authorized signatory.
l. On-site interview comparisons. If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a correction certified payroll report.
m. Correction certified payroll. Any and all changes to data on a submitted payroll report must be reported on a certified correction payroll. In no case will a payroll report be returned to the prime contractor or employer for revision. 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES.

Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the affected employees. Wage restitution must be paid promptly in the full amounts due, less permissible and authorized deductions. All wages paid to laborers and mechanics for work performed on the project, including wage restitution, must be reported on a certified payroll report.
a. Notification to the Employer/Prime contractor. The contract administrator will notify the employer and/or prime contractor in writing of any underpayments that are found during payroll or other reviews. The contract administrator will describe the underpayments and provide instructions for computing and documenting the restitution to be paid. The employer/ prime contractor is allowed 30 days to correct the underpayments. Note that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. If the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor.

HUD does not enforce or attempt to provide advice on employer obligations to make deductions from employee earnings for taxes or Social Security. However, HUD may refer to the IRS or other responsible agency copies of certified payroll reports that show wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action.
92 2-15
b. Computing wage restitution. Wage restitution is simply the difference between the wage rate paid to each affected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjustment rate. The adjustment rate times the number of hours involved equals the gross amount of restitution due. You may also compute wage restitution by calculating the total amount of Davis-Bacon wages earned and subtracting the total amount of wages paid. The difference is the amount of back wages due. c. Correction certified payrolls. The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time for which restitution is due (for example, Payrolls #1 through #6; or a beginning date and ending date). The correction payroll will list each employee to whom restitution is due and their work classification; the total number of work hours involved (daily hours are usually not applicable for wage restitution); the adjustment wage rate (the difference between the required wage rate and the wage rate paid); the gross amount of restitution due; deductions and the net amount actually paid. A properly signed Statement of Compliance must accompany the correction payroll.
d. Review of correction CPR. The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contractor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a correction certified payroll within 30 days. e. Unfound workers. Sometimes, wage restitution cannot be paid to an affected employee because, for example, the employee has moved and can’t be located. After wage restitution has been paid to all of the workers who could be located, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers) providing their names, Social Security Numbers, last known addresses and the gross amount due. In such cases, at the end of the project the prime contractor will be required HUD no longer requires the signature of the employee on the correction payroll to evidence employee receipt of restitution payment. In addition, except in the most extraordinary cases, HUD no longer requires employers to submit copies of restitution checks (certified, cashiers, canceled or other), or employee-signed receipts or waivers.

The contract administrator may communicate directly with a subcontractor when the underpayments are plainly evident and the subcontractor is cooperative. It is best to work through the prime contractor when the issues are complex, when there are significant underpayments and/or the subcontractor is not cooperative. In all cases, the subcontractor must ensure that the prime contractor receives a copy of the required corrective documentation.
93 2-16
to place in a deposit or escrow account an amount equal to the total gross amount of restitution that could not be paid because the employee(s) could not be located. The contract administrator will continue attempts to locate the unfound workers for 3 years after the completion of the project. After 3 years, any amount remaining in the account for unfound workers will be credited and/or forwarded by the contract administrator to HUD.

94 3-1
CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE

REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW

ACCOUNTS, AND SANCTIONS
WHAT HAPPENS WHEN THINGS GO WRONG?

3-1 INTRODUCTION.

Even in the best of circumstances, things can go wrong. In a Davis-Bacon context, “things going wrong” usually means there’s a difference of opinion or a dispute about whether and to what extent underpayments have occurred. These disputes are usually between the contract administrator and one or more employers (the prime contractor and/ or a subcontractor). The dispute may involve something simple such as an additional classification request that is pending before the DOL; or something as significant as investigative findings following a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views known and to lessen any delays in resolving the problem or issue.
3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES.

As mentioned in the Introduction above, a dispute about labor standards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL regulations provide for administrative review of issues where there is a difference of views between the contract administrator and any employer. The most common circumstances include:
a. Additional classifications and wage rates. Additional classification and wage rate requests are sometimes denied by the DOL. An employer that is dissatisfied with the denial can request reconsideration by the DOL Wage and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer will be required to pay any additional wages that may be necessary to satisfy the wage rate that is established.

1. Reconsideration. The DOL normally identifies the reasons for denial in its response to the request. Any interested person (for example, the contract administrator, employer, representatives of the employees) may request reconsideration of the decision on the additional classification request. The request for reconsideration must be made in writing and must thoroughly address the denial reasons identified by the DOL. Employer requests for reconsideration should be made through the contract administrator but may be made directly to the DOL. (See 2-2(d), and also DOL Regulations 29 CFR

1.8.) All requests initiated by or made through the contract administrator or HUD must be submitted through the HUD Headquarters Office of Labor Relations.

95 3-2

2. Administrative Review Board. Any interested party may request a review of the Administrator’s decision on reconsideration by the DOL’s Administrative Review Board. DOL regulations 29 CFR Part 7 explain the procedures for such reviews. (See also 29 CFR 1.9.)
b. Findings of underpayment. Compliance reviews and other follow-up enforcement actions may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work informally with you to reach such agreements. You will have an opportunity to provide additional information to the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies.

If informal exchanges do not result in agreement, the final determination and schedule of back wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing on the matter before the DOL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the HUD Headquarters Office of Labor Relations.

1. DOL review. The DOL will review the contract administrator’s report and the arguments against the findings presented in the hearing request. The DOL may affirm or modify the findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review. If DOL concludes that violations have occurred, you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge (ALJ). (See DOL Regulations 29 CFR 5.11 (b) and 29 CFR Part 6, Rules of Practice for Administrative Proceedings.)

2. Administrative Review Board. Contractors and/or subcontractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOL ALJ in the administrative hearing process. See DOL regulations 29 CFR Part 7 for more information about this proceeding.
3-3 WITHHOLDING.

The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or other violations are not corrected within 30 days after written notification to the prime contractor. DOL may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. If withholding is deemed necessary, you will be notified in writing. Only the amounts needed to meet the contractor’s (and/or subcontractors’) liability shall be withheld.
96 3-3
3-4 DEPOSITS AND ESCROWS.

In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final payments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, we allow projects to proceed to final closing and final payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and liquidated damages, if necessary, in a special account. The deposit or escrow account is controlled by the contract administrator. When a final decision is rendered, the contract administrator makes disbursements from the account in accordance with the decision.

Deposit/escrow accounts are established for one or more of the following reasons:
a. Where the parties have agreed to amounts of wage restitution that are due but the employer hasn’t furnished evidence yet that all of the underpaid workers have received their back wages, e.g., some of the workers have moved and could not be located. The amount of the deposit is equal to the total gross amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the documented payments are returned to the depositor. Amounts for any workers who cannot be located are held in the deposit/escrow account for three years and disposed as described in 2-8(f) of this Guide. b. Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount of wage restitution and any liquidated damages, if applicable, that are estimated to be due. If the final determination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor.

If the parties agree to the investigative findings, the amounts due to the workers will be paid by the employer. As these workers are paid and proper documentation is provided to the contract administrator, the gross amounts corresponding to the documented payments are returned to the depositor.

1. If the employer is unable to make the payments to the workers, e.g., lacks the funds necessary, the contract administrator may make disbursements directly to the workers in the net amounts calculated by the employer. The amounts withheld from the workers for tax deduction will be returned to the employer as payments to workers are made. The employer shall be responsible for reporting and transmitting withholdings to the appropriate agencies.

Remember, the prime contractor is responsible and will be held liable for any wage restitution that is due to any worker employed in the construction of the project, including workers employed by subcontractors and any lower-tier subcontractors. See 1-4, Responsibility of the Principal Contractor, and 2-8, Restitution for Underpayment of Wages. 97 3-4

2. If the employer is not cooperating in the resolution, the contract administrator shall make disbursements to the workers in accordance with the schedule of wages due. Amounts for unfound workers will be retained as described above (See 2-8(f) and 3-4(a)).

If the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in 3-4(c), below.
c. Where the parties are waiting for the outcome of an administrative hearing that has been or will be requested contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision. 3-5 ADMINISTRATIVE SANCTIONS.

Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or DOL.

a. DOL debarment. Contractors and/or subcontractors that are found by the Secretary of Labor to be in aggravated or willful violation of the labor standards provisions of the Davis-Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis-Bacon Act contracts for up to 3 years. Debarment includes the contractor or subcontractor and any firm, corporation, partnership or association in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12. b. HUD sanctions. HUD sanctions may include Limited Denials of Participation (LDPs), debarments and suspensions.

1. Limited Denial of Participation. HUD may issue to the employer a limited denial of participation (LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and for the geographic jurisdiction of the issuing HUD Office. HUD regulations concerning LDP’s are found at 24 CFR

24.700-24.714.

Remember, if you have any questions or need assistance concerning labor standards requirements help is always available. Contact the contract administrator for the project you’re working on or the HUD Field Labor Relations staff in your area. 98 3-5

2. Debarment and suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceedings against a contractor and/or subcontractor in connection with improper actions regarding Davis-Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for making false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has been indicted for making false statements. HUD regulations concerning debarment and suspension are found at 24 CFR Part 24.
3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS.

Contractors and/or subcontractors that are found to have willfully falsified payroll reports (Statements of Compliance), including correction certified payroll reports, may be subject to civil or criminal prosecution. Penalties may be imposed of $1,000 and/or one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code).

ACRONYMS AND SYMBOLS
CDBG - Community Development Block Grant
CFR - Code of Federal Regulations
CPR - Certified Payroll Report
CWHSSA - Contract Work Hours and Safety Standards Act
DBA - Davis-Bacon Act
DBRA - Davis-Bacon and Related Acts
DOL - Department of Labor
FHA - Federal Housing Administration
FLSA - Fair Labor Standards Act
HUD - Housing and Urban Development (Department of)
IHA - Indian Housing Authority
LCA - Local Contracting Agency
LDP - Limited Denial of Participation
O/T - Overtime
PHA - Public Housing Agency
S/T - Straight-time
SAC - State Apprenticeship Council/Agency
TDHE - Tribally-Designated Housing Entity
§ - Section
¶ - Paragraph
100
A-2
DAVIS-BACON - RELATED WEB SITES*
HUD Office of Labor Relations:
www.hud.gov/offices/olr
HUD Regulations:
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR HUDClips (HUD Forms and Publications):
www.hud.gov/offices/adm/hudclips/index.cfm
DOL Davis-Bacon and Related Acts Homepage:
http://www.dol.gov/whd/contracts/dbra.htm
DOL Regulations:
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR Davis-Bacon Wage Decisions:
www.wdol.gov
DOL Forms:
www.dol.gov/whd/programs/dbra/forms.htm
*Web addresses active as of January 2012
101
A-3
Project Wage Rate Sheet
U.S. Department of Housing
and Urban Development
Office of Labor Relations
Project Name: Wage Decision Number/Modification Number:

Project Number: Project County:

Work
Classification
Basic
Hourly
Rate (BHR)
Fringe
Benefits
Total
Hourly
Wage Rate
Laborers
Fringe
Benefits
$
Bricklayers $ Group # BHR Total Wage
Carpenters $ $
Cement Masons $ $
Drywall Hangers $ $
Electricians $ $
Iron Workers $ $
Painters $ Operators Fringe Benefits: $
Plumbers $ Group # BHR Total Wage
Roofers $ $
Sheet Metal Workers $ $
Soft Floor Workers $ $
Tapers $ $
Tile Setters $ Truck Drivers Fringe Benefits: $
Other Classifications Group # BHR Total Wage
$
$
$
Additional Classifications (HUD Form 4230-A)
Work
Classification
Basic
Hourly
Rate (BHR)
Fringe
Benefits
Total
Hourly
Wage Rate
Date of
HUD Submission
to DOL
Date of
DOL
Approval
$
$
$
102
A-4
103
A-5
104
105
U.S. Department of Housing and Urban Development
Office of Departmental Operations and Coordination
Washington, DC 20410
Email: [email protected]
Labor Relations Desk Guide
LR01.DG
106
"General Decision Number: CA20240024 09/20/2024
Superseded General Decision Number: CA20230024
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Orange County in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis‐Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.

Modification Number     Publication Date
0              01/05/2024
1              01/12/2024
2              01/26/2024
3              02/02/2024
4              02/09/2024
5              02/23/2024
6              03/08/2024
7              05/24/2024
8              06/28/2024
9              07/05/2024
10             07/12/2024
11             08/09/2024
12             08/16/2024
13             08/23/2024
14             09/06/2024
15             09/13/2024
16             09/20/2024
ASBE0005‐002 09/01/2023
Rates          Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58            25.27 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97            20.36 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 108
ASBE0005‐004 07/04/2022
Rates          Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52            13.37 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ * BRCA0004‐010 05/01/2024
Rates          Fringes
BRICKLAYER; MARBLE SETTER........$ 45.53            20.29 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty‐Nine Palms, Needles and 1‐15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ BRCA0018‐004 06/01/2023
Rates          Fringes
MARBLE FINISHER..................$ 40.21            15.23 TILE FINISHER....................$ 34.78            13.64 TILE LAYER.......................$ 48.29            19.18 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ BRCA0018‐010 09/01/2023
Rates          Fringes
TERRAZZO FINISHER................$ 39.95            14.65 TERRAZZO WORKER/SETTER...........$ 47.85            15.14 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ CARP0213‐001 07/01/2021
Rates          Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
109
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60            16.28
(2) Millwright..............$ 52.10            16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73            16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85            16.28
(5)  Sawfiler...............$ 51.69            16.28
(6)  Scaffold Builder.......$ 42.80            16.28
(7)  Table Power Saw
Operator....................$ 51.70            16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H‐Beams driven or placed in pre‐ drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ CARP0213‐004 07/01/2021
Rates          Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60            16.28
STOCKER/SCRAPPER............$ 22.16             8.62
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ CARP0721‐001 07/01/2021
Rates          Fringes
Modular Furniture Installer......$ 21.85             7.15 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ ELEC0011‐001 01/01/2024
COMMUNICATIONS AND SYSTEMS WORK
Rates          Fringes
Communications System
Installer...................$ 46.47         3%+17.08
SCOPE OF WORK:
110
Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational,
security and entertainment purposes for the following: TV monitoring and surveillance, background‐foreground music, intercom and telephone interconnect, inventory control
systems, microwave transmission, multi‐media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings.

Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function;
excluding all other data systems or multiple systems which include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems.  Does not
cover work performed at China Lake Naval Ordnance Test
Station.  Fire alarm work shall be performed at the current inside wireman total cost package.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ ELEC0441‐001 01/01/2024
Rates          Fringes
CABLE SPLICER....................$ 60.19            24.24 ELECTRICIAN......................$ 57.54            24.16 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ * ELEC0441‐003 06/26/2023
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems  or CCTV highway systems)
Rates          Fringes
Communications System
Installer...................$ 44.33            16.43
Technician..................$ 31.23            15.39
SCOPE OF WORK  The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi‐media,
111
multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock
systems.

A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background‐Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low‐Voltage Master Clock Systems Multi‐Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave Guide
C. *Fire Alarm Systems‐installation, wire pulling and
testing.

D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and CCTV
E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems
*Fire Alarm Systems

1. Fire Alarms‐In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and fringe benefits.

2. Fire Alarms‐Open Wire Systems: installed by the Technician. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ ELEC0441‐004 01/01/2024
Rates          Fringes
ELECTRICIAN (TRANSPORTATION
SYSTEMS, TRAFFIC SIGNALS &
STREET LIGHTING)
Cable Splicer/Fiber Optic
112
Splicer.....................$ 58.14            24.17
Electrician.................$ 57.54            24.16
Technician..................$ 43.16            23.72
SCOPE OF WORK: Electrical work on public streets, freeways, toll‐ways, etc, above or below ground.  All work necessary for the installation, renovation, repair or removal of
Intelligent Transportation Systems, Video Surveilance
Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges.  Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll‐ways, etc.

Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video
Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc.

Any and all work required to install and maintain any
specialized or newly developed systems. All cutting,
fitting and bandaging of ducts, raceways, and conduits.

The cleaning, rodding and installation of ""fish and pull wires"". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if
needed.

JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system.

JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for
electrical, telephone, cable television and comnmunication systems.  Pulling, terminating and splicing of traffic
signal and street lighting conductors and electrical
systems including interconnect, dector loop, fiber optic cable and video/data.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ ELEC1245‐001 06/01/2024
Rates          Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16            24.46
(2) Equipment specialist
113
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30            22.01
(3) Groundman...............$ 40.76            21.51
(4) Powderman...............$ 51.87            18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ ELEV0018‐001 01/01/2024
Rates          Fringes
ELEVATOR MECHANIC................$ 66.63       37.885+a+b FOOTNOTE:
a. PAID VACATION:  Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ ENGI0012‐004 08/01/2024
Rates          Fringes
OPERATOR:  Power Equipment
(DREDGING)
(1) Leverman................$ 64.10            38.75
(2) Dredge dozer............$ 58.13            38.75
(3) Deckmate................$ 58.02            38.75
(4) Winch operator (stern
winch on dredge)............$ 57.47            38.75
(5) Fireman‐Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93            38.75
(6) Barge Mate..............$ 57.54            38.75
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ ENGI0012‐024 07/01/2023
Rates          Fringes
114
OPERATOR:  Power Equipment
(All Other Work)
GROUP  1....................$ 53.90            32.80
GROUP  2....................$ 54.68            32.80
GROUP  3....................$ 54.97            32.80
GROUP  4....................$ 56.46            32.80
GROUP  6....................$ 56.68            32.80
GROUP  8....................$ 56.79            32.80
GROUP 10....................$ 56.91            32.80
GROUP 12....................$ 57.08            32.80
GROUP 13....................$ 57.18            32.80
GROUP 14....................$ 57.21            32.80
GROUP 15....................$ 57.29            32.80
GROUP 16....................$ 57.41            32.80
GROUP 17....................$ 57.58            32.80
GROUP 18....................$ 57.68            32.80
GROUP 19....................$ 57.79            32.80
GROUP 20....................$ 57.91            32.80
GROUP 21....................$ 58.08            32.80
GROUP 22....................$ 58.18            32.80
GROUP 23....................$ 58.29            32.80
GROUP 24....................$ 58.41            32.80
GROUP 25....................$ 58.58            32.80
OPERATOR:  Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP  1....................$ 55.25            32.80
GROUP  2....................$ 56.03            32.80
GROUP  3....................$ 56.32            32.80
GROUP  4....................$ 56.46            32.80
GROUP  5....................$ 56.68            32.80
GROUP  6....................$ 56.79            32.80
GROUP  7....................$ 56.91            32.80
GROUP  8....................$ 57.08            32.80
GROUP  9....................$ 57.25            32.80
GROUP 10....................$ 58.25            32.80
GROUP 11....................$ 59.25            32.80
GROUP 12....................$ 60.25            32.80
GROUP 13....................$ 61.25            32.80
OPERATOR:  Power Equipment
(Tunnel Work)
GROUP  1....................$ 55.75            32.80
GROUP  2....................$ 56.53            32.80
GROUP  3....................$ 56.82            32.80
GROUP  4....................$ 56.96            32.80
GROUP  5....................$ 57.18            32.80
GROUP  6....................$ 57.29            32.80
GROUP  7....................$ 57.41            32.80
115
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional.  Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator‐inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt‐rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator‐skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant
operator; Trenching machine oiler
GROUP 3: Asphalt‐rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini‐max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or similar types ‐ Hughes 100 or 200 or similar types ‐
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway 116
signalman; Hydra‐hammer‐aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power‐driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck

GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types ‐ Watson 1000 auger or similar types ‐ Texoma 330, 500 or 600 auger or similar types ‐ drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary‐Johnson‐Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber‐tired earth moving equipment (single engine, up to and including 25 yds. struck); Self‐propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1‐1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator‐bulldozer, tamper‐scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D‐5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt‐rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast‐in‐place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self‐propelled);
Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types ‐ Watson 1500, 117
2000 2500 auger or similar types ‐ Texoma 700, 800 auger or similar types ‐ drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy‐duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley‐Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber‐tired earth‐moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck);
Rubber‐tired earth‐moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber‐tired scraper operator (self‐loading paddle wheel type‐John
Deere, 1040 and similar single unit); Self‐ propelled curb and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1‐1/2 yds. up to and including 6‐1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type
larger than D‐5 ‐ 100 flywheel h.p. and over, or
similar‐bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types‐Watson 3000 or 5000 auger or similar types‐Texoma 900 auger or similar
types‐drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol‐blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type‐except Quad 9 cat.); Rubber‐tired earth‐moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber‐tired earth‐moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar 118
and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6‐1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types ‐ Watson, auger 6000 or
similar types ‐ Hughes Super Duty, auger 200 or similar types ‐ drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi‐engine); Pipe mobile machine operator; Rubber‐tired earth‐ moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber‐tired self‐ loading scraper operator (paddle‐wheel‐auger type self‐loading ‐ two (2) or more units)
GROUP 13: Rubber‐tired earth‐moving equipment operator
operating equipment with push‐pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote‐ control earth‐moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (multiple
engine‐up to and including 25 yds. struck)
GROUP 16: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (single engine, over 50 yds. struck); Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem ‐ Quad 9 and similar type)
GROUP 18: Rubber‐tired earth‐moving equipment operator, 119
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units ‐
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber‐tired earth‐moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units ‐ single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber‐tired earth‐moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units ‐ multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber‐tired earth‐moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units ‐
single engine, over 50 yds. struck); Rubber‐tired
earth‐moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units ‐ multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber‐tired earth‐moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units ‐
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber‐tired
earth‐moving equipment operator, operating with the tandem push‐pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system
(single engine, over 50 yds. struck); Rubber‐tired
earth‐moving equipment operator, operating equipment with the tandem push‐pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. 120
struck)
GROUP 25: Concrete pump operator‐truck mounted; Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull   or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A‐frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge‐type unloader and turntable operator;
Helicopter hoist operator
GROUP 5:  Hydraulic boom truck; Stinger crane (Austin‐Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K‐crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
121
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power‐driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power‐driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy‐duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber‐tired, rail or track type); Pneumatic concrete placing machine operator 122
(Hackley‐Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7:  Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:

That area within the following Boundary:  Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I‐15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian.  Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian.  Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM.  Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM.  Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM.  Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM.  Continue S following R32E lines to the NW corner of T31S, R32E, MDM.  Continue W to the NW corner of T31S, R31E, MDM.  Continue S to the SW corner of T32S, R31E, MDM.  Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.

Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.

Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.

Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.

Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state 123
line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:

That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.

Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.

Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.

Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.

$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:

That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the 124
Western half of the NW quarter of Section 2, T8S, R29E, MDM.

Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.

Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.

Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.

REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ IRON0433‐006 01/01/2024
Rates Fringes

IRONWORKER
Fence Erector...............$ 42.53 26.26
Ornamental, Reinforcing
and Structural..............$ 47.45 34.90
PREMIUM PAY:
$9.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve‐Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center‐Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms ‐ Marine Corps, U.S. Marine Base ‐ Barstow, U.S. Naval Air Facility ‐ Sealey, Vandenberg AFB Army Defense Language Institute ‐ Monterey, Fallon Air Base, Naval Post Graduate School ‐ Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station ‐ Two Rock ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ LABO0300‐005 07/01/2024
Rates          Fringes
125
Asbestos Removal Laborer.........$ 43.88            25.13 SCOPE OF WORK:  Includes site mobilization, initial site cleanup, site preparation, removal of asbestos‐containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos‐ containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ LABO0345‐001 07/01/2022
Rates          Fringes
LABORER (GUNITE)
GROUP 1.....................$ 48.50            21.37
GROUP 2.....................$ 47.55            21.37
GROUP 3.....................$ 44.01            21.37
FOOTNOTE: GUNITE PREMIUM PAY:   Workers working from a
Bosn'n's Chair or suspended from a  rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates.   Workers doing gunite and/or
shotcrete work in a tunnel shall  receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal‐to‐portal basis.   Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such  structure is in excess of 75'‐0"" above base level and which work must be performed in whole or in part more than 75'‐0"" above base level, that work performed above the 75'‐0"" level  shall be compensated for at 35 cents per hour above the  applicable
classification wage rate.

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ LABO0652‐001 07/01/2022
Rates          Fringes
LABORER (TUNNEL)
126
GROUP 1.....................$ 45.68            23.30
GROUP 2.....................$ 46.00            23.30
GROUP 3.....................$ 46.46            23.30
GROUP 4.....................$ 47.15            23.30

LABORER
GROUP 1.....................$ 36.39            21.04
GROUP 2.....................$ 36.94            21.04
GROUP 3.....................$ 37.49            21.04
GROUP 4.....................$ 39.04            21.04
GROUP 5.....................$ 39.39            21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike‐off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt‐rubber material loader; Laborer, general or construction; Laborer, general clean‐up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling ‐ all concrete pouring operations
GROUP 2:  Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper ‐ pot tender and form person; Guinea
chaser; Headerboard person ‐ asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower 127
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2‐1/2 ft. drill steel or longer; Dri‐pak‐it machine; Gas, oil and/or water pipeline wrapper, 6‐in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi‐plate; Kettle person, pot person and workers applying asphalt, lay‐kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come‐alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand‐propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand‐guided lagging hammer; Head rock
slinger; Laborer, asphalt‐ rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non‐metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No‐joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot‐Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
128
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ LABO0652‐003 07/01/2022
Rates          Fringes
Brick Tender.....................$ 37.32            21.45 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ LABO1184‐001 07/01/2022
Rates          Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69            18.25
(2) Vehicle Operator/Hauler.$ 40.86            18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71            18.25
(4) Electronic Tracking
Locator.....................$ 44.71            18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90            21.32
GROUP 2.....................$ 43.20            21.32
GROUP 3.....................$ 45.21            21.32
GROUP 4.....................$ 46.95            21.32
129
LABORERS ‐ STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender ‐ removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings.  Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ LABO1414‐001 08/03/2022
Rates          Fringes

LABORER
PLASTER CLEAN‐UP LABORER....$ 38.92            23.32
PLASTER TENDER..............$ 41.47            23.32
Work on a swing stage scaffold: $1.00 per hour additional. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ PAIN0036‐001 07/01/2023
Rates          Fringes
130
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59            17.12
(2) All Other Work..........$ 38.52            18.64
REPAINT of any previously painted structure.  Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ PAIN0036‐008 09/01/2022
Rates          Fringes
DRYWALL FINISHER/TAPER...........$ 46.28            23.52 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ PAIN0036‐015 01/01/2020
Rates          Fringes
GLAZIER..........................$ 43.45            23.39 FOOTNOTE:  Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up  Additional $1.25 per hour for work on the outside  of the building from a swing stage or any suspended contrivance, from the ground up
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ PAIN1247‐002 01/01/2024
Rates          Fringes
SOFT FLOOR LAYER.................$ 43.20            18.03 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ PLAS0200‐009 08/03/2022
Rates          Fringes
PLASTERER........................$ 47.37            19.64 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ PLAS0500‐002 07/01/2023
Rates          Fringes
CEMENT MASON/CONCRETE FINISHER...$ 44.00            27.11 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ PLUM0016‐001 09/01/2024
131
Rates          Fringes

PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 57.67            25.63
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 42.49            23.86
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 59.48            26.61
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ PLUM0345‐001 09/01/2023
Rates          Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 40.20            25.90
Sewer & Storm Drain Work....$ 44.29            23.28
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ ROOF0036‐002 08/01/2024
Rates          Fringes
ROOFER...........................$ 49.43            20.58 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ SFCA0669‐008 01/01/2024
DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, 132
AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:

Rates Fringes
SPRINKLER FITTER.................$ 45.31 27.91 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ SFCA0709‐003 09/01/2023
SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES:

Rates          Fringes
SPRINKLER FITTER (Fire)..........$ 54.29            32.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ SHEE0105‐003 07/01/2024
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates          Fringes
SHEET METAL WORKER
(1) Commercial ‐ New
Construction and Remodel
work........................$ 59.40            30.34
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A‐C,
heating, ventilating
systems for human comfort...$ 56.95            30.04
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ * TEAM0011‐002 07/01/2024
Rates          Fringes
TRUCK DRIVER
GROUP  1....................$ 39.59            34.34
GROUP  2....................$ 39.74            34.34
GROUP  3....................$ 39.87            34.34
133
GROUP  4....................$ 40.06            34.34
GROUP  5....................$ 40.09            34.34
GROUP  6....................$ 40.12            34.34
GROUP  7....................$ 40.37            34.34
GROUP  8....................$ 40.62            34.34
GROUP  9....................$ 40.82            34.34
GROUP 10....................$ 41.12            34.34
GROUP 11....................$ 41.62            34.34
GROUP 12....................$ 42.05            34.34
WORK ON ALL MILITARY BASES:

PREMIUM PAY:  $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport,   Point Arguello, Point Conception, Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles ‐ 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles ‐ 3 axles; Boot person; Cement mason distribution truck;  Fuel truck driver; Water truck ‐ 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6‐1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6‐1/2 yds. water level and over; Vehicle or combination of vehicles ‐ 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
134
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull ‐ single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck ‐ 50 yds. or more water level; Water pull ‐ single engine with attachment
GROUP 11: Water pull ‐ twin engine; Water pull ‐ twin engine with attachments; Winch truck driver ‐ $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ WELDERS ‐ Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal
Contractors applies to all contracts subject to the
Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017.  If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government‐contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 135
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198‐005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SULA2012‐007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers
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Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG‐OH‐0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

State Adopted Rate Identifiers
Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R §1.3(g)‐(h). Example: SAME2023‐007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:
*  an existing published wage determination
*  a survey underlying a wage determination
*  a Wage and Hour Division letter setting forth a position on a wage determination matter
*  a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis‐Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
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With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations.  Write to:

Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION"
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City of Aliso Viejo

AGENDA ITEM
DATE: November 20, 2024
TO: Mayor and City Council
FROM: So Kim, Community Development Director
SUBJECT: FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT FOR STC TRAFFIC, INC. FOR ON-CALL TRAFFIC

ANALYSIS
Recommended Action:

Approve and authorize the City Manager to execute a fourth amendment to the professional services agreement with STC Traffic, Inc. to extend the agreement to June 30, 2026.

Fiscal Impact:

There will be no fiscal impact as project applicants will be required to submit deposits up front to cover the cost of STC Traffic, Inc. services.

Discussion:

In September 2022, the City Manager authorized a professional services agreement with STC Traffic, Inc. (STC) to peer review traffic analyses submitted by applicants for development projects, with a budget of $50,000, an initial term ending in December 2022, and with options to renew the agreement for two additional one-year terms through 2024.

In December 2022, the City Manager approved the first amendment, extending the agreement term by one year to December 31, 2023. In August 2023, the City Council approved a second amendment, increasing the total compensation from $50,000 to $100,000. In December 2023, the City Manager approved a third amendment, extending the agreement for an additional year, now ending on December 30, 2024.

Staff is requesting Council approval to extend the agreement beyond the original renewal term to June 2026 to allow STC to complete review of projects already in progress. There will be no fiscal impact as the current agreement amount is sufficient for the remaining projects and will be paid by project applicants through deposit accounts. Staff will conduct a Request for Proposal per the Purchasing Policy for on-call traffic analysis for new development projects.
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Attachments:

1. Original Agreement

2. Fourth Agreement Amendment
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CITY OF ALISO VIEJO

FOURTH AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

FOR TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING SERVICES

1. PARTIES AND DATE.

This Fourth Amendment to the Professional Services Agreement for Traffic Engineering and Transportation Planning Services (“Fourth Amendment”) is entered into on the ____ day of ________, 2024, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and STC Traffic, Inc, a corporation (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into an agreement entitled Professional Services Agreement for Traffic Engineering and Transportation Planning Services dated September 7, 2022 (“Agreement”).

2.2 First Amendment. The Parties entered into a First Amendment to extend the agreement for an additional one-year term, ending December 30, 2023.

2.3 Second Amendment. The Parties entered into a Second Amendment to increase the compensation amount by $50,000, to a total of $100,000.

2.4 Third Amendment. The Parties entered into a Third Amendment to extend the agreement for an additional one-year term, ending December 30, 2024.

2.5 Fourth Amendment. The Parties now desire to enter into a Fourth Amendment to extend the agreement to June 30, 2026.

3. TERMS.

3.1 Term.

Pursuant to Section 3.1.2 of the Agreement, the City hereby exercises the option to renew the Agreement and extend the term of the Agreement from December 31, 2024 to June 30, 2026, unless earlier terminated as provided in the Agreement.

3.2 Declaration of Political Contributions. Prior to the City’s approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of their employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Fourth Amendment.
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3.3 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Fourth Amendment, the remaining provisions of the Agreement shall remain in full force and effect. From and after the date of this Fourth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fourth Amendment.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Fourth Amendment.

3.5 Counterparts. This Fourth Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
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SIGNATURE PAGE FOR FOURTH AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING SERVICES BETWEEN THE CITY OF ALISO VIEJO AND STC TRAFFIC, INC.

IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to Agreement on this ____ day of __________, 2024.

CITY OF ALISO VIEJO
Approved:

By:

Mitzi Ortiz
City Manager
ATTEST:

By: _______________________________
Lauren Torres
Deputy City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
STC TRAFFIC, INC.
[TWO SIGNATURES, President OR Vice
President AND Secretary OR Treasurer
REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
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CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
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CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.

To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.

Name of Business Print Name
Signature
Date
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EXHIBIT “A”

SCOPE OF SERVICES
STC offers a comprehensive suite of services to support all of the City's transportation needs, as highlighted below.

Traffic Engineering Design Services
• Traffic Signal Plans
• Signing and Striping Plans
• Traffic Control Plans
• Street Lighting/Electrical
Design
• Roadway and Intersection
Design
• Complete Streets Design
• Bicycle and Pedestrian
Facilities Design (including
Cyde Tracks and Multi-Use
Paths)
• Roundabout Design
• Traffic Calming Measures
• ADA Compliance
• GIS Analysis and Exhibits
• Engineering Plan Checks
• Traffic Signal Assessments
• Field Reviews
• Signal Warrant Analysis
• Multi-Way Stop Warrant Analysis
• Sight Distance Evaluations
• Communication Systems
Design (including Fiber Optic
Traffic Signal Interconnect)
• Signal nming and Coordination Plans
• Traffic Data Collection
• Agency Permits
• Utility Coordination
Transportation Planning Services
• Traffic Impact Analysis and
Reviews
• VMT Analysis. and Reviews
• Trip Generation Analysis
• Parking Studies
• Corridor Studies
• Feasibility Studies/Alternatives
Analysis
• Complete Streets Studies
• Neighborhood Traffic Calming
Assessments
• Local Mobility Assessments
• School Zone Safety
Evaluations/Walk Audits
• Local Road Safety Plans
• Active Transportation Plans
• Safe Routes to Schools Plans
• Circulation and Mobility Elements
• CEOA/NEPA Support
• Transportation and Land Use Models
• Collision Analysis and Safety Countermeasures
• Grant Writing and Management
• Community and Stakeholder Engagement
• City Council and Planning Commission Support
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Traffic Engineering Systems and Operations Services
• Constructability Reviews • At-Grade Rail Crossing Operations • Construction Management • Transit Priority Systems
• Traffic Electrical Inspection Services • Traffic Signal and Comm. System Master Plans
• Maintenance Reviews • Bench Testing and Field Verifications • TMC Design, Operations and Mgmt • Systems Integration • Agency Staff Training • Systems Diagnostics and Troubleshooting • Performance Monitoring • ITS Planning. Design and Implementation • Traffic Signal Tuning & Control Logic • Communications &Network Engineering 169
EXHIBIT “B”

COMPENSATION
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City of Aliso Viejo

AGENDA ITEM

DATE: November 20, 2024

TO: Mayor and City Council

FROM:

Rose Rivera, Senior Planner
So Kim, Community Development Director

SUBJECT:

STUDY SESSION FOR THE AVALON ALISO VIEJO MIXED -USE

PROJECT

Recommended Action:

Conduct a public hearing to review the proposed plans for a mixed-used project, consider public testimony, and provide feedback to the Applicant.

Summary:

This is a follow- up to the first study session held on September 18, 2024. The study session will provide the City Council and the public with another opportunity to review and provide feedback on the proposed Avalon Aliso Viejo mixed- use project at 26501 Aliso Creek Road. The project is not subject to approval and no permits will be granted as a result of this study session.

Fiscal Impact:

None.

Background:

On September 18, 2024, the City Council held a study session for the proposed Avalon Aliso Viejo mixed-use development located at 26501 Aliso Creek Road (“Project”). Project background is provided in Table 1 below.

Table 1

PROJECT BACKGROUND
Site Address 26501 Aliso Creek Road
Assessor’s Parcel Number 629-101-16
Applicant/Agent Mark Janda (Avalon Bay Communities, Inc.)

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PROJECT BACKGROUND (CONTINUED)
Property Owner Value Rock Realty
General Plan Designation High Density Residential/Town Center Commercial & Open Space
Zoning District Specific Plan 2 (SP-2)
Site Size (Assessor’s) 4.4 acres
Proposed Project Site Size (Assessor’s) 4.4 acres
Existing Conditions Surface parking and landscaping

SURROUNDING AREA
Direction Land Use(s) Zoning District(s)
North Retail/Commercial Specific Plan 2 (SP-2)
South Retail/Commercial Town Center Commercial (TC)
East Retail Commercial Specific Plan 2 (SP-2)
West Residential and
Open Space
Specific Plan 1 (SP-1)
Open Space (OS)

At the September 18th study session, concerns were raised by the City Council and the public regarding parking and traffic, potential view impacts created by the height of the building, geological concerns related to slope stability, security, and impacts on the local schools. These topics will be discussed in further detail below.

Discussion:

The Project site is on an approximately 4.4 -acre parcel at the northwest corner of Enterprise and Town Center ( Figures 1 and 2).

The Project proposes to remove the
existing surface parking and landscaping to accommodate a mixed -use development that consists of the following:

• Five levels of residential units above the ground floor commercial space ο 343 residential units
 309 market rate units
 3 4 affordable units ( 26 moderate- income, five low -income, and three very low-income)
ο 17,273 square f oot commercial space, 1,000 square foot leasing office, and 995 square foot mail room
• Eight levels of parking structure at the center
ο Seven levels above grade and one basement level
ο Rooftop amenity space for residents (clubhouse, patio seating, fitness area, pool/spa).
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Figure 1. Project Location

Figure 2. Project Site Plan
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As part of the Project, the Applicant requests the following entitlements:

1. Site Development Permit (SDP) - Pursuant to AVMC Section 15.74.020 to allow new building construction. The Project includes the development of a mixed-use project comprising of 343 dwelling units and 17,273 square feet of ground- floor retail/restaurant space over an existing parking area.

2. Specific Plan Amendment (SPA) - Pursuant to AVMC Section 15.78.030 to amend the Commons Specific Plan No. 2 as follows:

• Reconfigure the existing “High Density Residential Development” zone (the “SP2-RH Zone”) to approximately 4.4-acre subsection of the Specific Plan area as shown in Image 1;
• Permit general retail and food service uses, including full -service restaurants, retail sale of take- out food, coffee houses, outdoor dining, medical spa, and medical office uses no greater than 2,500 sf, in the ground floor commercial space;
• Increase the number of dwelling units from 140 to 343 throughout the Specific Plan;
• Increase the permitted density in the SP2-RH Zone from 30 to 78 dwelling units per acre;
• Apply residential parking requirements from the Aliso Viejo Municipal Code;
• Decrease the drive aisles from 26 feet to 24 feet;
• Permit up to 20 percent of the parking spaces to be compact (9’-0” x 16’- 0”);
• Reduce the north setback from 20 feet to 15 feet; and • Increase the height limit on the “Enterprise Side” from 80 to 89 feet.

3. Vesting Tentative Map (VTM) - Pursuant to AVMC Section 14.08.030 to subdivide the Project site into two lots: one lot containing the commercial uses and the other for the residential uses.

4. Development Agreement - P ursuant to AVMC Section 15.82.010 to provide further site-specific regulations and community benefits in connection with the Project.

Project Design

The Project consists of a six-story mixed-use building which would wrap around an eight- level parking structure and rooftop residential amenity space. The building will range in height from 68 feet (top of residential parapet) to 89 feet ( top of the rooftop amenity parapet). The building exterior will feature a stucco finish with composite siding. 174

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Decorative elements will include awnings, balconies with a variety of railing styles, and perforated metal panels. The ground floor non- residential spaces will have a glass storefront. The project will maintain a minimum setback of 15 feet and an average setback of 20 feet from Enterprise. For specific massing and scale purposes, provided below are conceptual renderings of the proposed project. Additional renderings are included in Attachment 1.

Figure 3. Conceptual Rendering as viewed from Enterprise and Town Center

Figure 4. South Elevation (Enterprise side)

General Plan and Zoning Compliance

The General Plan Land Use Element identifies the Commons shopping center as one of five sites in the City with the Community Benefit Overlay (“CBO”) area. CBO areas were established to allow alternative future development plans. The Land Use Element further states that development consistent with the Land Plan or a less intensive alternative can be allowed with an amended development agreement (“DA”). Accordingly in 2005, the City Council adopted The Commons Specific Plan (“SP”) for the Commons shopping center and executed a DA that established an alternative future development, including 175

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development standards (“SP/2005 DA”). It should be noted that the 2005 DA has since expired.

Table 1 below compares the development standards and the project specifics of the General Plan Land Plan, SP /2005 DA, and the Project. The Applicant is proposing to amend certain development standards of the Specific Plan as shown in Table 1.

Table 1: Project Specifics
General Plan Land Plan Specific Plan/2005 DA Project
300 dwelling units 140 dwelling units 343 dwelling units 400,000 SF non-
residential 396,570 SF non-residential 253,904 SF non-residential

Building Height Max
(Residential)
Building Height Max
(Residential)
68’-89’ (Enterprise Side)
89’ (East Side)
80’ (Enterprise Side)
140’ (East Side)
Number of Stories Number of Stories
11 8 (including rooftop
amenity area)

Parking (Residential) Parking (Residential)1
1 space/studio

1.2 space/1 bedroom
2 space/2 or more bedroom

0.25 space/unit for guests
2 spaces/unit

0.25 spaces/unit for guests
Parking (Non-Residential) Parking (Non-Residential)
840 1,013 (includes Tesla)

Setbacks Setbacks
15’ min./20’ avg.
(Enterprise)
15’ min./20’ avg.
(Enterprise)
20’ (North) 15’ (North)
10’ (East/West) 10’ (East/West)

Housing Element

The City's 6
th Cycle Housing Element was adopted by the City Council in 2023 and certified by the California Housing and Community Development (“HCD”) on June 24, 2024. The Housing Element identifies sites within the City that have adequate capacity to accommodate the total number of housing units required by the Regional Housing Needs Assessment (“RHNA”) allocation. The Commons Specific Plan Area is one of the identified sites within the Housing Element. The project would provide 19 units fewer units than what is identified in the Housing Element; however, the City’s remaining inventory can accommodate the shortfall that would be created if the project was approved in its 176

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current configuration as shown in Table 2 below. Strikethrough font reflects the Housing Element number of units and red underlined text reflects the Project.

Table 2. Housing Element Site Inventory

Housing Element Sites Very Low
Income
Units

Low
Income
Units
Moderate
Income
Units
Above
Moderate
Income Units

Commons

9 3

9 5

18 26
326
309
Freedom Lane 170 170 169 0
ADUs 2 4 2 0
Columbia 18 18 6 18
Town Center 176 174 168 0
Aliso Viejo Parkway 63 63 21 63
35 Journey 18 18 6 18
2A Liberty 34 34 33 0
27231 Aliso Viejo Pkwy 36 36 36 0
526 459 425 1,917
526 520 522 467 408 1936
RHNA REQUIRED 390 214 205 386 1195

Development Agreement

The Project includes a Development Agreement (“DA”) that would provide assurance to the property owner that it can implement the Project and continue its operation and that the conditions imposed by the City will not change after the approval of the Projec t. The Development Agreement was negotiated based on the Project scope of 343 residential units and 17,243 square feet of non- residential. In exchange, the Applicant has agreed to support the City and community by directly funding City services with a cash payment of $2,806,559.60 over two installments; and establish a 30- Year Community Facilities District (the “CFD”), providing an initial amount of $236,878.45 that grows 3.0% annually.

City Council and Public Comments

At the September 18th Study Session, comments were received regarding view impacts of the building, parking and traffic, geological concerns, security of the building, and the impacts the project would create on the local schools. A more detailed discussion of the public comments (shown as underlined text) and Staff’s response (shown as regular text) is provided below. The Applicant also submitted a letter to the City in response to the public comments which is included as Attachment 2.

Parking and Traffic . Comments were received regarding pedestrian and cyclist safety, adequacy of parking spaces proposed by the Project and within the larger Commons at 177

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Aliso Viejo Town Center (“Commons”); and increased traffic and congestion within the Commons and adjacent streets.

Vehicular access to the Project site would be provided via two existing driveways. One driveway would provide access from Town Center via Enterprise to the southeast of the site; a second driveway would provide access via Aliso Creek Road to the east. The Project would provide a total of 590 automobile parking spaces for residents (504) and guests (86) in the parking structure. Vehicle parking for the proposed commercial uses and the leasing office would be accommodated in the existing surface parking lot adjacent to the Project site. A bicycle room would be provided within the subterranean level of the parking garage, providing long-term storage of 50 bicycles for the residents.

Pedestrian access to the Project site would be provided from a pedestrian walkway along Town Center and from three outdoor staircases from Enterprise. A pedestrian walkway would be provided along the southeastern and northeastern boundaries of the proposed mixed-use structure. The commercial uses would be accessible from ground floor entrances at the eastern and northern boundaries of the proposed mixed- use structure.

Incorporation of pedestrian walkways will ensure that residents and patrons can move safely through the Project. Additionally, the Applicant will implement pavement marking and signage to increase pedestrian/cyclist safety.

The Project proposes a total of 590 parking spaces that includes 504 for residential units and 86 for guests (see Table 3 below).

Table 3: Proposed Parking
Residential Parking Ratio Project
1 space / studio 1 space x 48 units = 48

1.2 space / 1 bedroom 1.2 space x 168 units = 202
2 spaces / 2 or more bedrooms 2 spaces x 127 units = 254

0.25 / unit for guests 0.25 x 343 = 86

While the number of guest parking complies with the Specific Plan, the number of residential parking does not comply. The Applicant is requesting to amend the Specific Plan to comply with the Aliso Viejo Municipal Code (“AVMC”) parking requirements instead of the Specific Plan. Table 4 below compares the parking requirements of the AVMC, Specific Plan, and the Project.

Table 4. Parking Comparison

AVMC Requirement
Specific Plan
Requirement
Proposed
Project
Residential 504 686 504
Guest 172 86 86
Non-Residential 1,110 1,275 1,013

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A parking analysis was prepared by the Applicant’s consultant, Linscott, Law and Greenspan Engineers (“LLG”) , which was peer-reviewed by City staff and the City’s consultant (STC Traffic Engineers) to determine whether the number of parking spaces would be sufficient for the Project. In LLG’s estimation, the Parking Study shows that the Project’s parking supply of 590 spaces will be adequate in serving the residential Project’s parking demand, and that parking needs of customers and employees of the retail components of the Project wil l be sufficiently accommodated by sharing parking within The Commons’ unreserved supply of 784 spaces (excluding 225 spaces reserved for Tesla and four Tesla test drive spaces).

LLG also prepared a Traffic Analysis (November 28, 2023), which included a driveway queuing analysis to determine if the spillover queue on Town Center at Enterprise can be accommodated within the transition area of the turn pocket or on- site without affec ting public roadways. The Traffic Analysis was reviewed by the City’s Public Works Department and STC to ensure that adequate vehicle queuing is provided at Enterprise and Town Center . B ased on their review, with the implementation of the following mitigation measures, traffic impacts resulting from the Project would be reduced to a less than significant level.

1. R estripe the eastbound left turn pocket at Town Center and Enterprise to provide additional storage space to accommodate the queue. The length of the turn pocket would be determined in consultation with and require the approval of the City’s Public Works Department.

2. E ither upgrade the traffic signal to provide a westbound right turn overlap at Town Center and Enterprise or provide payment to the City to install the improvements.

Potential view impacts created by the height of the building. Concerns were raised regarding the potential view obstruction caused by the proposed building and the height of the building in relation to adjacent buildings . The Project site is located in an area surrounded by multi-story office, residential, and commercial buildings. The Project at 89’ would be taller than the existing commercial buildings within the immediate area, including the Hoag Medical building located on the southwest corner of Enterprise and Town Center Drive, which has an approximate height of 54 feet. However, the Project would not substantially impact Viewscape Corridors or Landscape Corridors designated by the General Plan. The Project would not be visible from designated Viewscape Corridors, including El Toro Road and Wood Canyon Drive, due to distance and topography.

Although the Project may be visible intermittently from designated Landscape Corridors, including SR-73 and Aliso Creek Road, long- range views afforded to motorists t raveling along these roadways would not be substantially altered, as the proposed development would be setback at least 515 feet from these roadways. Further, the Project is designed to tuck into the adjacent slope to the southwest that visually reduces the number of stories and contains design features like varied setbacks and articulation to further reduce apparent mass and visual impact from surrounding areas.

Geological concerns related to slope stability . Comments were receiv ed related to the stability of the adjacent slope as a result of necessary grading for the Project. The Project 179

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proposes to excavate portions of the slope and construct a retaining wall to stabilize the remainder of the slope and accommodate the new buildings. The proposed grading plan and associated construction would be required to comply with all applicable regulations in the California Building Co de, as well as the recommendations of the soil engineering and engineering geology reports pursuant to A VMC Chapter 13.08, Grading and Excavation Code. Inspections would be required throughout the grading and construction process to ensure compliance. Compliance with the City’s established regulatory framework and standard engineering practices and design criteria would reduce the likelihood of impacts from seismic-related hazards.

Security. Comments were received regarding safety and security measures for the proposed Project. According to the Applicant, various safety measures will be implemented including the following:

• Lighting: Use of higher lumen lights and strategic placement in areas for higher security, such as access entries, hallways, pathways and parking lots/garages. • Landscaping: Use of landscape design that would not result in potential hiding areas.
• Surveillance: Use of surveillance including security guards and patrol . S ecurity cameras will also be placed in common areas and entries. • Access Control: Vehicle entry transponders will control access to the parking garage. Doors leading into the community will be locked and would only be accessed by tenants via a digital security app.

Further, the Project is required to comply with the AVMC ’s Crime Prevention Through Environmental Design ("CPTED") regulation s, which is a strategy for designing the physical environment, including buildings or spaces, to minimize opportunities for crime to occur in specific places.

Impacts on the local s chools. Comments were received that population growth resulting from Project implementation would overburden the local schools. B ased on the 2022 Developer Fee Justification Study conducted by the Capistrano Unified School District (“CUSD”), the Project is anticipated to generate approximately 15 student s. The 2022 Developer Fee Justification Study conducted by CUSD concluded that while there is capacity for students in grades transitional kindergarten through grade five, student capacity at the CUSD is currently exceeded for grades six through 12. However, the Project would be subject to payment of school impact fees in accordance with Senate Bill 50 (SB 50). Developer fees collected by CUSD pursuant to SB 50 are used for the provision of additional and reconstructed or modernized school facilities. If t he Project were to be approved, the Applicant would be required to pay all statutory fees in place at the time and demonstrate proof of payment to the City for approval of a building permit.

Further, during the public review period for the Project’s Initial Study/Mitigated Negative Declaration, the document was distributed to CUSD and no comments were received.

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Environmental Analysis

An Initial Study and Mitigated Negative Declaration (“IS/MND”) was prepared pursuant to Section 15063 and 15070 of California Environmental Quality Act (“CEQA”) Guidelines to address the potential environmental effects of the project. The purpose of an IS/ MND is to identify effects on the environment of a Project and to indicate the manner in which those effects can be mitigated. The City as the lead agency consulted with the City’s CEQA consultant, DeNovo Planning Group to prepare the IS/MND in accordance with CEQA, the State CEQA Guidelines, and the City of Aliso Viejo Local CEQA Guidelines.

Based on information contained in the IS/MND, the City has concluded the Project will not have a significant effect on the environment with the incorporation of mitigation measures. The MND is based on the finding that, through compliance with Mitigations Measures and Conditions of Approval, the Project’s potential for significant adverse impacts would be reduced to a less than significant level with respect to aestheti cs, air quality, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, land use and planning, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utiliti es and service systems as areas that may have potential impacts. Additionally, the Orange County Fire Authority (OCFA) reviewed the proposed project and concluded that based on initial assessment, there does not appear to be any significant concerns relate d to fire department requirements. The Draft IS/MND was circulated for a 30-day public comment review period from August 26, 2024 through September 25, 2024.

Next Steps:

Following receipt and evaluation of comments from agencies, organizations, and/or interested individuals, the City will determine whether any substantial new environmental issues have been raised and if further documentation may be required.

Public Notice:

On November 7, 2024, a public notice was published in the Laguna Niguel News, mailed to all owners of real properties within 300 feet of the subject real property, emailed to all parties on the project interest list, and posted at the project site.

City Attorney:

The City Attorney has reviewed this staff report.

Attachments:

1. Staff Report and Attachments from the September 18, 2024 Study Session

2. Letter from Avalon Bay dated October 31, 2024

3. Power Point Presentation
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Avalon Aliso Viejo Mixed-Use Project
Study Session
26501 Aliso Creek Road
City Council
November 20, 2024
190
Background
• September 18, 2024 - first study session
• Project concerns raised at the study session included:
o Parking and traffic
o Potential view impacts
o Geological concerns related to slope stability
o Security
o Impacts on local schools
191
Building and Site Summary

PROJECT BACKGROUND
Site Address 26501 Aliso Creek Road
Assessor’s Parcel Number 629-101-16
Applicant/Agent Mark Janda (Avalon Bay Communities, Inc.) Property Owner Value Rock Realty
General Plan Designation High Density Residential/Town Center Commercial & Open Space
Zoning District Specific Plan 2 (SP-2)
Site Size (Assessor’s) 4.4 acres
Proposed Project Site Size (Assessor’s) 4.4 acres
Existing Conditions Surface parking and landscaping

1.Site Development Permit (SDP)

2.Specific Plan Amendment (SPA)

3.Vesting Tentative Map (VTM)

4.Development Agreement (DA)
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Project Design
195
General Plan and Zoning Compliance
General Plan Land Plan Specific Plan/2005 DA Project
300 dwelling units 140 dwelling units 343 dwelling units 400,000 SF non-residential 396,570 SF non-residential 253,904 SF non-residential Building Height Max
(Residential)
Building Height Max
(Residential)
68’-89’ (Enterprise Side)
89’ (East Side)
80’ (Enterprise Side)
140’ (East Side)
Number of Stories Number of Stories
11 8 (including rooftop
amenity area)
Parking (Residential) Parking (Residential)1
1 space/studio

1.2 space/1 bedroom
2 space/2 or more bedroom

0.25 space/unit for guests
2 spaces/unit

0.25 spaces/unit for guests
Parking (Non-Residential)
840 1,013 (includes Tesla)
Setbacks Setbacks
15’ min./20’ avg.(Enterprise) 15’ min./20’ avg. (Enterprise) 20’ (North) 15’ (North)
10’ (East/West) 10’ (East/West)
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Housing Element
• Housing Element (HE)
certified by HCD in
June 2024
• Commons Specific
Plan Area an identified
site in the HE
Housing Element Site
Very Low
Income
Units
Low
Incom
e
Units
Moderate
Income Units
Above Moderate
Income Units
Commons16 9 3 9 5 18 26
326
309
Freedom Lane 170 170 169 0
ADUs 2 4 2 0
Columbia 18 18 6 18
Town Center 176 174 168 0
Aliso Viejo Parkway 63 63 21 63
35 Journey 18 18 6 18
2A Liberty 34 34 33 0
27231 Aliso Viejo
Pkwy
36 36 36 0
526 459 425 1,917
526 520 522 467 408 1936
RHNA

REQUIRED
390 214 205 386 1195
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Development Agreement
• Provide assurance to the property owner that the conditions imposed by the City will not change after the approval of the Project • In exchange, the Applicant has agreed to:
o Provide cash payment to the City of $2,806,559.60 over two installments; and
o Establish a 30-Year Community Facilities District (the “CFD”), providing an initial amount of $236,878.45 that grows 3.0% annually
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Parking and Traffic
• Comments received included:
o Pedestrian and cyclist safety
o Adequacy of parking spaces
o Increased traffic and congestion
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Parking Analysis
Parking Ratio Project
1 space / studio 1 space x 48 units = 48

1.2 space / 1 bedroom 1.2 space x 168 units = 202
2 spaces / 2 or more
bedrooms 2 spaces x 127 units = 254

0.25 / unit for guests 0.25 x 343 = 86
Total = 590
Municipal Code
Requirement
Specific Plan
Requirement
Proposed
Project
Residential 676 772 590
Non-
Residential 1,110 1,275 1,013
200
Potential View Impacts
• Concerns raised regarding potential view obstruction
• Project maximum height is 89’
o Hoag Medical building approximate height is 54'
• Project would not impact Viewscape Corridors or Landscape Corridors designated by the General Plan
• Project designed to reduce apparent mass and visual impact 201
Geological Concerns
• Comments were received related to the stability of the adjacent slope • Project proposes to excavate portions of the slope and construct a retaining wall • The proposed grading plan and associated construction would be required to comply with all applicable regulations in the California Building Code and AVMC Grading and Excavation Code • Inspections required throughout the grading and construction process to ensure compliance 202
Security
• Comments received regarding safety and security measures • Various safety measures include:
o Lighting: Use of higher lumen lights and strategic placement in certain areas for higher security o Landscaping: Use of landscape design that would not result in potential hiding areas o Surveillance: Use of surveillance including security guards, patrol, and cameras o Access Control: Vehicle entry transponders for the parking garage and secured doors accessible only to tenants via a digital security app
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Impacts on Local Schools
• Project subject to payment of school impact fees
• Developer fees collected used for additional, reconstruction or modernization of school facilities • Applicant would pay required school fees prior to issuance of a building permit • Draft IS/MND distributed to CUSD and no comments were received 204
Environmental Analysis
• Initial Study and Mitigated Negative Declaration (“IS/MND”) was prepared and circulated for public review
• Public comments are under review by City staff and the City's CEQA consultant 205

Aliso Viejo City CouncilNovember 20, 2024

Aliso Viejo City Council
November 20, 2024