Colton City Council
June 7, 2022

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

LABOR COMPLIANCE REQUIREMENTS

Davis-Bacon and Related Acts:

The Prime Contractor is responsible for ensuring all Subcontractor(s) and lower -tier Subcontractor(s) compliance with all requirements of Davis-Bacon and Related Act s (DBRA). The Federal Labor Standards Provisions (HUD 4010) apply to this project and are attached.

A copy of the Federal Prevailing Wage Decision, (and upon request the State Wage Decision) the date of which reflects the latest applicable modification at the time of this bid advertisement, is included in the Contract Documents and Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supersede that modification included herein, up until a minimum of ten days prior to the actual Bid Opening for this project.

A weekly Certified Payroll Report (CPR) is required during the term of construction on the project.

Payment(s) of invoice(s) for this project may be delayed when CPRs are not submitted weekly. The CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the Prime Contractor. The payment request shall not be approved unless all CPRs for the project submitted through LCPtracker have been approved and accepted for each week worked during the time period covered by said payment request.

LCPtracker:

As permitted by the Department of Labor (DOL), The Department of Housing and Urban Development (HUD), and Title 8, section 16404 of the California Code of Regulations , the Prime C ontractor and each Subcontractor and every lower-tier Subcontractor subject to DBRA are allowed to submit CPRs electronically via LCPtracker

LCPtracker is a web-based system.. The Prime Contractor and Subcontractors and lower-tier Subcontractors will receive an email from LCPtracker providing their l og-on identification and temporary p assword. . The Contractors will need to follow the instructions in the email to set-up their permanent password and activate their account. Once their account is setup, LCPtracker Inc. provides two convenient training options:

Option 1: Computer-Based Training Courses: Pre-recorded videos can be viewed at any time by logging into the LCPtracker website and following these simple steps:
o Enter user name/password
o Select the “eTraining” link located at the top of the page. o Select “Contractor Training Videos”

Option 2: Web- Based Training Sessions: Online training sessions facilitated by members of LCPtracker’s customer support team are available several times per week. All that is needed to participate is a computer with Internet access, an email address and access to a phone. o Enter user name/password
o Select “Book Now” on the “Projects” tab and register for the Online training sessions. 2 of 24

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In order to meet labor compliance requirements, all contractors will be required to c omplete eDocuments which are accessed, submitted and approved through LCPtracker. All eDocuments are required to be signed by an owner/officer or authorized signer. Prior to the contractor being allowed by the system to certify CPRs, all eDocuments must be submitted to, and approved by, the County.

Other Required Documentation:

One of the documents that will be required to be uploaded in LCPtracker as part of the eDocuments, is a City business license or a letter stating the reasons why no business license is required. All contractors performing work on a project site located within an incorporated city must possess or obtain that city’s business license. However, if the project is located in an unincorporated area of the County, and the contractor’s business is located in an incorporated city, the contractor must possess or obtain a business license within the city where their business is located. Exception to business license requirement: A letter explaining the exception to the business license requirem ent will be required if the contractor’s business and the project work site are both located in the unincorporated area of the County.

Electronic Submission of Certified Payrolls:

Use of LCPtracker may require data entry in order to certify weekly payroll(s). Data entry includes information regarding employee identification, labor classification, total hours worked on the project, wage and benefit rates paid etc. Contractors currently using a payroll software system may be capable of interfac ing with LCPtracker. Submission of electronic CPRs will be required by every lower-tier Subcontractor .

The Prime Contractor and each Subcontractor and every lower -tier Subcontractor and any Vendors subject to this provision shall comply with Title 8, Section 16404 of the California Code of Regulations.

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REQUIRED DOCUMENTS

REQUIRED PRIOR TO CONTRACT AWARD

1. Bid Package signed by Contractor or letter stating that the project specifications document is part of the contract

2. Signed Partnership Agreement (if applicable)

REQUIRED PRIOR TO PRECONSTRUCTION CONFERENCE

3. Executed Contract/Purchase Order NOTE: The Labor Compliance Contract Addendum (LCCA) which includes the HUD Form 4010 and the Federal prevailing wage determination for the project must be attached to contract

4. Prime Contractor Information Form

5. Bonds (performance/payment or labor and material bonds)

REQUIRED PRIOR TO CONSTRUCTION

6. Contractor’s Certification of Compliance with Davis-Bacon and Related Act Requirements (Exhibit A1)*

7. Sub-Contractor’s Certification of Compliance with Davis-Bacon and Related Act Requirements (Exhibit A-1)*

8. Certification of Bidder Regarding Equal Employment Opportunity(Exhibit B)*

9. Certification by Proposed Sub-Contractor Regarding Equal Employment Opportunity (Exhibit C)*

10. Affirmative Action Compliance Form for Construction Contracts Over $10,000 (Exhibit D)*

11. A Copy of all executed Sub- Contractor contracts NOTE: The Labor Compliance Contract Addendum (LCCA) which includes the HUD Form 4010 and the prevailing wage determination for the project must be attached to contract

12. City Business License/Exception Letter

13. Certificate of Understanding and Authorization Form (Exhibit E)*

14. Fringe Benefit Statement Form (Exhibit F)*

15. Authorization for Payroll Deduction (Exhibit G)*

16. DOL Registered Apprentice Program*

17. DOL Apprenticeship Certification*

18. Apprenticeship Program Appendix A*

19. Project Wage Rate Sheet*

REQUIRED DURING CONSTRUCTION

20. Weekly Certified Payrolls (see “Electronic Submission of Certified Payrolls” section)

*Note: These forms are located on the LCPtracker online database discussed in “ Electronic Submission of Certified Payrolls” section and will be discussed by County CDH staff at the preconstruction conference .

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) Federal Labor Standards Provisions
U.S. Department of Housing
and Urban Development
Office of Labor Relations

1. 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 Stan dards Provisions are included in this Contract pursuant to the provisions applicable to such federal assistance.

A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work 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 wages and bona fide f ringe 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. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); 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 shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of w ork 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 ac tually 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 classification and wage rates conformed under 29 CFR

5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its S ubcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor e only w hen 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 utilized 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) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and H our Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the Contractor , the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the
recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of re ceipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1) (ii)(b) or (c) of this paragraph, shall 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.
(iii) 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 shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) 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, 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other federal contract with the same prime Contractor, or any other federally-assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part

Previous edition is obsolete Page 1 of 4 HUD-4010 (06/2009) ref. Handbook 1344.1

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3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.

Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, 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 Section I (b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, the Contractor shall 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. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)
(ii) (a) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a par ty, the Contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number. The required weekly payroll information may be submitted in any form desired.

Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/whd/forms/wh347instr.htm
or its successor site.

The prime Contractor is responsible for the submission of copies of payrolls by all S ubcontractors. Contractors and subcontractors shall maintain the full social secur ity number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(i i), the appropriate information is being maintained under 29 CFR

5.5(a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed 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 from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(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 of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Tit le 31 of the United States Code.
(iii) The Contractor or Subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, sponsor, applicant or owner, 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 m ay be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and Trainees
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individua lly registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by t he Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship T raining, Employer and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less t han the applicable wage rate on the wage determination for the classification of work

Previous edition is obsolete Page 2 of 4 HUD-4010 (06/2009) ref. Handbook 1344.1

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Apprentices shall 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, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified i n the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate, who is not registered and participating in a traini ng plan approved by the Employment and Training Administration, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5 shall 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 P art 3 which are incorporated by reference in this contract.

6. Subcontracts. The Contractor or Subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the contract clauses in this paragraph.

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 HUD or its designee, the U.S.

Department of Labor, or the employees or their representatives.

10. (i) Certification of Eligibility. By entering into this contract the Contractor certifies that neither it (nor he or she) 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 Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false state ments is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration Transactions", provides in part: "Whoever, for the purpose of influencing in any way the action of such Administration makes, utters or publishes any statement knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both."

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mecha nic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any Subcontractor because such employee has filed any complaint or insti tuted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards.

Previous edition is obsolete Page 3 of 4 HUD-4010 (06/2009) ref. Handbook 1344.1

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(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 the individual is employed on such work to work in excess of 40 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 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the Contractor and any Subcontractor responsible therefore shall be liable for the unpaid wages. 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 m echanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages.

HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same prime contract , or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any S ubcontractor or lower tier Subcontractor with the clauses set forth in subpar agraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C 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 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 Title 29 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 USC 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 subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

Previous edition is obsolete Page 4 of 4 HUD-4010 (06/2009) ref. Handbook 1344.1

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SECTION 3 CLAUSE
(Information for the Section 3 Report will be input on LCPtracker) 3-2.2 Employment opportunities for business and lower income persons in connection with assisted projects.

This clause applies to construction contracts of $100,000 or more, on projects funded with $200,000 or more in federal funds from the U.S. Department of Housing and Urban Development.

Assurance of compliance with regulations.
(A) Every contract or agreement for a grant, loan, subsidy or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities and new community facilities and new community development, entered into by the Department of Housing and Urban Development with respect to a Section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions of Section 3, the regulations set forth in this part, and any applicable rules and orders of the Department issued thereunder prior to approval of its application for assistance for a Section 3 covered project.
(B) Every applicant, recipient, contracting party, Contractor and Subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause (referred to as Section 3 clause):
a. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development as is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located or owned i n substantial part by persons residing in the area of the project.
b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth to 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract.

The parties to this contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. c. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organizations or worker’s representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
d. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of f ederal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the S ubcontractor is in violatio n of regulations issued by the Secretary of Housing and Urban Development 24 CFR 135. The Contractor will not subcontract unless the Subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Contractors and Subcontractors, its successors and assigns, to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135

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AFFIRMATIVE ACTION COMPLIANCE

GUIDELINES FOR CONSTRUCTION AND

NON-CONSTRUCTION CONTRACTORS

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AFFIRMATIVE ACTION COMPLIANCE

GUIDELINES FOR CONSTRUCTION AND

NON-CONSTRUCTION CONTRACTORS
These Affirmative Action Compliance Guidelines have been designed to provide Contractors with information
necessary to comply with Federal regulations found under Title 41, Part 60 of the Code of Federal Regulations. It is the intent of these guidelines to insur e that equal opportunity for employment is practiced by the
Contractor without regard to race, color, sex, religion, national origin, disability, and veteran’s status. These guidelines provide the minimum information necessary to comply with EEO and affirmative action requirements,
including the preparation of an Affirmative Action
Plan that complies with federal regulations regarding
Affirmative Action for federally-a ssisted projects.

Contractors are urged to contact the implementing entity or the U.S. Department of Labor's Office of Federal
Contract Compliance Programs (OFCCP) officer for any
necessary technical assistance in meeting

Affirmative Action requirements if they are
considering bidding under this contract.

I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM
A. The Affirmative Action program embodies the
following principals:

1. Discrimination because of race, color, age, sex,
religion, national origin, marital status, disability,
or veteran’s status is inconsistent with the
constitution, laws, and policies of the United
States, State of California and County of San
Bernardino.

2. The implementing entity is committed to insuring
that there be no discrimination by vendors,
Contractors (including professional services and
consultants), lessors, or lessees doing business
with the implementing entity.

3. Contractors and Subcontractors agree to take
affirmative personnel actions to hire and promote
workers who traditionally have been discriminated
against in the job market, including women,
minorities, members of certain ethnic and
religious groups, individuals with disabilities, and
veterans.

B. Affirmative Action Step Requirements for
CONSTRUCTION Contractors and Subcontractors:

1. Personnel affirmative action in recruitment, hiring, and promotion is required by Contractor and
Subcontractors who have entered into a federally -
assisted construction or non- construction contract
that exceed $10,000 or $10,000 in the aggregate
over a 12-month period.

2. Contractor s and Subcontractors who enter into a
CONSTRUCTION CONTRACT in excess of
$10,000 must take 16 specific affirmative action
steps to ensure equal employment opportunity.

These steps are included in 41 CFR 60- 4.3 (a) (7)
and are also included under "Standard Federal
Equal Employment Opportunity Construction
Contract Specifications" of Attachm ent "D" of the
bid package.

C. Affirmative Action Plan requirements for NON-
CONSTRUCTION Contractors:

1. All C
ontractors who have entered into a NON-
CONSTRUCTION CONTRACT and who: 1) do
business in the amount of $50,000 or more with
the implementing entity in any one fiscal year
and, 2) employ 50 or more employees, must
develop a written Affirmative Action Program
within 120 days after the contract award date.

2. All Subcontractors rendering services or supplies
to a Contractor in the amount of $50,000 or more
and employ 50 or more employees, must develop
a written Affirmative Action Program within 120
days after the contract award date.

D. Ex
emptions under 41 CFR 60:

The following persons/contracts shall be exempt from
this program:

1. A c
ontract or contracts by a Contractor that do not
exceed $10,000 in the aggregate over a 12-month
period.

2. Contracts for Work outside the United States

3. State and Local Governments

4. Contracts with certain educational institutions

5. Work on or near Indian Reservations

6. Spec
ific contracts and facilities found exempt by

7. Deput
y Assistant Secretary

8. National security contracts
Any Contractor who feels qualified for an exemption
should contact the local Contract Compliance Officer
or the U.S. Department of Labor's OFCCP Officer for
further information.

II. SATISFYING AFFIRMATIVE ACTION PLAN
A. Af
firmative Action Plan requirements for NON -
CONSTRUCTION Contractors can be met through the
following:

1. Completing a Contract Compliance Qualifying
Report for Non-construction
Contractors and
Vendors, (refer to the form found in the "Additional
Required Documents/Sample Documents" section
of Attachment "D" of the bid package).

2. Completing a Contractor’s Affirmative Action
Policy, including methods of recruiting minoritie s
and women. If the Contractor does not have its
own Affirmative Action Policy, it may adopt the
County's model Affirmative Action Policy ((refer to
the form found in the "Additional Required
Documents/Sample Documents" section of
Attachment "D" of the bid package).

3. Fol
lowing Federal Affirmative Action Plan
guidelines which comply with the requirements of
41 CFR 60.2.10.

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DEFINITIONS

Unless a provision of a contract otherwise requires, certain words and phrases shall be defined as follows:

A. “Affirmative Action” is a commitment to increase the number of minorities and women in the work force by
setting employment goals and timetables, including
action to achieve objectives. Affirmative Action seeks to ensure that discrimination is eliminated in dealings with employees or applicants for employment whether
the discrimination is intentional or unintentional. In addition, Affirmative Action seeks to improve job
standards and productivity through the removal of
artificial and unnecessary barriers to employ ment and
promotion and ensure that all job actions are related to job performance measures.

B. “Affirmative Action Plan” is a written affirmative plan required of Contractors and Subcontractors who have
50 or more employees and have entered into a
contract with the implementing entity that exceeds
$50,000, or $50,000 in contracts over a 12- month
period.

C. “Contract” means a federally-assisted purchase order, offer and acceptance, lease, agreement or other
arrangement creating an obligation to which the
implementing entity is a party, which would make one
of the parties within the definition a Contractor.

D. “Construction” means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or
improvements to real property, including facilities
providing utility services.

E. “Contractor” means a prime Contractor or
Subcontractor.

F. "Covered Area" means the geographical area
described in the solicitation from which the contract
resulted;

G. "Director" means Director, OFCCP, U.S> Dept. of
Labor, or any person to whom the Director delegates
authority to;

H. “Employee” means one who performs work for
compensation, or a person who is permanently or
regularly employed by the Contractor or
Subcontractor.

I. "Employer Identification Number" means the Federal
Social Security Number;

J. “Handicapped Status” means any person who:

1. Has a physical or mental impairment, which
substantially limits one or more of such person’s
major life activities.

2. Has a record or such impairment or,

3. Is generally regarded as having such an
impairment.

K. "Employer Identification Number" means the Federal
Social Security Number;
L. “Handicapped Status” means any person who:

1. Has a physical or mental impairment, which
substantially limits one or more of such person’s
major life activities.

2. Has a record or such impairment, or

3. Is gener ally regarded as having such an
impairment.

M. “Implementing Entity” means public jurisdiction who is administering the contract.

N. “Minority” includes:

1. Black (all persons having origins in any Black
African racial groups not of Hispanic origin);

2. Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);

3. Asian or Pacific Islander ( all persons having
origins in any of the original peoples of the Far
East, Southeast Asia, the Indian subcontinent or
the Pacific Islands);

4. American India or Alaskan native (all persons
having origins in any of the native peoples of
North America and maintaining identifiable tribal
affiliations through membership and participation
in community identification).

O. “Non-construction Contract” means any contract that does not fall within the definition of “Construction
Contract”.

P. “Officer” means the Contract Compliance Officer of
the implementing entity or U.S. Department of Labor
Office of Federal Contract Compliance Program
(OFCCP) Officer.

Q. “Persons” means any individual, firm, co-partnership, public service, joint venture, association, social club, fraternal organization, corporation, estate, trust
receiver, syndicate CITY, county, municipal
corporation, district or other political subdivision, or any other group or combination acting as a unit.

R. “Underutilization” means having fewer minorities or women in a particular job classification than would
reasonably be expected by their availability.

S. “Vietnam-Era Veteran” means a person who:

1. Served on actual duty for a period of more than
180 days, any part of which occurred between
August 5, 1964, and May 7, 1975, and was
discharged or released therefrom with other than
a dishonorable discharge; or

2. Was discharged or released from active duty for a
service-connected disability if any part of such
active duty was performed between August 5,
1964, and May 7, 1975.

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T. Violation and Appeal Procedure:

1. A Contractor found in violation of equal
opportunity/affirmative action laws will be referred
to the U.S. Department of Labor’s OFCCP
Division, and the Solicitor for Labor, Associate
Solicitor of Labor Relations and Ci vil Rights
Regional Solicitors and Regional Attorney are
authorized to institute enforcement proceedings
by filing a compliant and serving that compliant to
the Contractor (defendant), in accordance with
procedures set forth in 41 CFR 60-30.5. The
complaint shall contain information on the alleged
violation, a prayer regarding the relief being
sought, and the name and address of the attorney
representing the Government. Within 20 days
after receiving the complaint, the defendant shall
file an answer with the Chief Administrative Law
Judge, if the case has not been assigned to an
Administrative Law judge.

2. The answer shall contain a statement of the facts
which constitute the ground of defense, and shall:
1) specifically admit, explain, or deny each of the
allegations of the complaint unless the defendant
is without knowledge, or 2) state that the
defendant admits all the allegations contained in
the complaint. The answer may contain a waiver
for a hearing and if not, a separate paragraph in
the answer shall request a hearing. The answer
shall contain the name and address of the
defendant, or of the attorney representing the
defendant. Failure to file an answer or plead
specifically to an allegation of the complaint shall
constitute an admission of such allegation.

3. Contractor agrees to fully comply with the laws and
programs (including regulations issued pursuant thereto) identified herein. Such compliance is required to the
extent such laws, programs and their regulations are, by their own terms, applicable to this contract. Contractor warrants that he will make himself thoroughly familiar
with the applicable provisions of said laws, programs,
and regulations prior to commencing performance of the
contract. Copies of said laws, programs, and regulations are available upon request from the implementing
entity’s Contract Compliance Officer, or from the U.S.

Department of Labor's OFCCP Officer to the extent
applicable the provisions of said laws programs and
regulations are deemed to be a part of this contract as if fully set forth herein.

4. Vietnam Era Veterans’ Readjustment Assistance Acts of 1972 and 1974, as amended. Pub. L. 92-540, Title V,
Sec 503(a), Pub. L 93-508. Title IV, Sec. 402. (38
USCA 2011-2013).

5. Rehabilitation act of 1973, as amended (Handicapped) Pub. l 93-112 as amended. (29 USCA 701-794).

6. California Fair Employment Practice Act. Labor Code Sec. 1410 et seq.

7. Civil Rights Act of 1964, as amended (42 USCA 2000a
to 2000H-6) and Executive Order No. 11246, September
24, 1965, as amended.

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EQUAL OPPORTUNITY CLAUSES

The Contractor and Subcontractors not found
exempt under 41 CFR 60- 1.5, are required to
comply with the following equal opportunity
clauses as a condition of being awarded a
federally-assisted contract. Each nonexempt
prime Contractor shall include equal employment
opportunity clauses in each of its nonexempt
Subcontractors.

EQUAL OPPORTUNITY CLAUSE FOR

FEDERALLY-ASSISTED CONSTRUCTION

CONTRACTS

This clause is inserted pursuant to Executive Order 11246 of September 24, 1965, as amended, and Title VII of the Civil Rights Act of 1964, and is applicable pursuant to 41 CFR Sec. 60-1.4. The following requirements apply to Contractors and Subcontractors

(1) The Contractor will not discriminate against any
employee or applicant for employment because of
race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that
applicants are employed, and that employees are
treated during employment without r egard to their
race, color, religion, sex, national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and
applicants for employment, notices to be provided by
the contracting officer setting forth the pr ovisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, or national origin.

(3) The Contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency
contracting officer, advising the labor union or
workers’ representative of the Contractor ’s
commitments under Section 202 of Executive Order
11246 of September 24, 1965, and shall post copies
of the notice in conspicuous places available to
employees and applicants for employment.

(4) The Contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965 and of
the rules, regulations, and relevant orders of the
Secretary of Labor.

(5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations and orders of the
Secretary of Labor, pursuant thereto, and will permit
access to his books, records, and accounts by the
administering agency and Secretary of Labor for
purposes of investigation to ascertain compliance with
such rules, regulations, and orders

(6) In the event of the Contractor ’s noncompliance with the nondiscrimination clauses of this contract or with
any of such rules, regulations or orders, this contract may b e canceled, terminated or suspended in whole
or in part, and the Contractor may be declared
ineligible for further Government contracts in
accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24,
1965, or by rule, regulation or order of the Secretary
of Labor, or as otherwise provided by law.

(7) The Contractor will include the provisions of
paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations
or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon
each Subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or
purchase order as the contracting agency may direct
as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that
in the event t he Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or
vendor as a result of such direction by the contracting agency, the Contractor may request the United States
to enter into such litigation to protect the interests of the United states.

The applicant further agrees that it will be bound by
the above equal opportunity clause with respect to its
own employment practices when it participates in
federally assisted construction work; provided, that if the applicant so participating is a state or local
government, the above equal opportunity clause is
not applicable to any agency, instrumentality or
subdivision of such government which does not
participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of
Contractors and Sub contractors with the equal
opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of
Labor in obtaining the compliance of Contractor s and
Subcontractors with the equal opportunity clause and
the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such
compliance, and that it will otherwise assist the
administering agency in the discharge of the agency’s
primary responsibility for securing compliance.

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The applicant further agrees that it will refrain from
entering into any contract or contract modification
subject to Executive Order 1124 of September 24,
1965, with a Contractor debarred from, or who has
not demonstrated eligibility for Government
contracts and federally assisted construction
contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation
of the equal opportunity clause as may be imposed
upon Contractors and Subcontractors by the
administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive
Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the
following actions: Cancel, terminate, or suspend in
whole or in part this grant (contract, loan, insurance, guarantee), refrain from extending any further
assistance to the applicant under the program with
respect to which the failure or refund occurred until
satisfactory assurances of future compliance has
been received from such applicant, and refer the
case to the Department of Justice for appropriate
legal proceedings.

In addition to the above, Contractor will agree to
furnish all informat ion and reports, including
Standard form EEO -1, if applicable, to the U.S.

Equal Employment Opportunity Commission
(EEOC) and the U.S. Department of Labor's
OFCCP, as required by Executive Order No. 11246
of September 24, 1965.

EQUAL OPPORTUNITY CLAUSE FOR

SPECIAL DISABLED VETERANS

AND VETERANS OF THE VIETNAM ERA

This clause is inserted pursuant to Executive Order 11701 of January 24, 1973 and the Vietnam Era Veterans
Readjustment Assistance Acts of 1972 and 1974 (P.L. 92 - 540, 93-508), and is applicable pursuant to 41 CFR Sec. 60 - 250.

(1) The Contractor will not discriminate against any
employee or applicant for employment because he
or she is a disabled veteran or veteran of the
Vietnam Era in regard to any position for which the
employee or applicant for em ployment is qualified.

The Contractor agrees to take affirmative action to
employ, advance in employment and otherwise treat
qualified disabled veterans and veterans of the
Vietnam Era without discrimination based upon their
disability or veterans status in all employment
practices such as the following: employment,
upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for
training, including apprenticeship.

(2) The Contractor agrees that all suitable employment
openings of the Contractor which exist at the time of
the execution of this contract and those which occur
during the performance of this contract, including
those not generated by this contract and including
those occurring at an establishment of the
Contractor other than the one wherein the contract
is being performed but excluding those of
independently operated corporate affiliates, shall be
listed at an appropriate local office of the State
Employment Service System wherein the opening
occurs. The ConWytractor further agrees to provide
such reports to such local office regarding
employment openings and hires as may be
required.

(3) Listings of employment openings with the
employment service system pursuant to this clause
shall be made at least concurrently with the use of
any other recruitment source or effort and shall
involve the normal obligations which attach to the
placing of a bona fide job order, including the
acceptance of referrals of veterans and non-
veterans. The listing of employment openings does
not require the hiring of any particular job applicant
or from any particular group of job applicants, and
nothing herein is intended to relieve the Contractor
from any requirements in Executive Orders or
regulations regarding nondiscrimination in
employment.

(4) The reports required by paragraph (2) of this clause shall include, but not be limited to, periodic reports
which shall be filed at least quarterly with the
appropriate local office or, where the Contract or has
more than one hiring location in a State, with the
central office of that State Employment Service.

Such reports shall indicate for each hiring location,
(a) the number of individuals hired during the
reporting period, (b) the number of non-disable d
veterans of the Vietnam Era hired, (c) the number of
disabled veterans of the Vietnam Era hired, and (d)
the total number of disable veterans hired. The
reports shall include covered veterans hired for on-
the-job training under 38 USC Sec. 1787. The
Contractor shall submit a report within 30 days after
the end of each reporting period wherein any
performance is made on this contract identifying
data for each hiring location. The Contractor shall
maintain at each hiring location, copies of the
reports s ubmitted until the expiration of one year
after final payment under the contract, during which
time these reports and related documentation shall
be made available, upon request, for examination
by any authorized representatives of the contracting
officer or of the Secretary of Labor. Documentation
would include personnel records respecting job
openings, recruitment and placement.

(5) Whenever the Contractor becomes contractually
bound to the listing provisions of this clause, it shall advise the employment service system in each
State where it has establishments of the name and
location of each hiring location in the State. As long as the Contractor is contractually bound to these
provisions and has so advised the State system,
there is no need to advise the State system of
subsequent contracts. The Contractor may advise
the State system when it is no longer bound by this
contract clause.

(6) This clause does not apply to the listing of
employment openings, which occur and are filled
outside of the 50 States, the District of Columbia,
Puerto Rico, Guam and the Virgin Islands.

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(7) The provisions of paragraphs (2), (3), (4) and (5) of this clause do not apply to openings which the
Contractor proposes to fill from within his own
organization or to fill pursuant to a customary and
traditional employer - union hiring arrangement.

This exclusion does not apply to a particular
opening once an employer decides to consider
applicants outside of his own organization or
employer - union arrangement for that opening.

(8) As used in this clause:

a. “All suitable employment openings” includes,
but is not limited to, openings which occur in
the following job categories: production and
non-production; plant and office; laborers and
mechanics; supervisory and non-supervisory;
technical; and executive, administrative and
professional openings as are compensated on
a salary basis of less than $25,000 per year.

The term includes full -time employment,
temporary employment of more than three
days duration, and part -time employment. It
does not include openings which the
Contractor proposes to fill from within his own
organization or to fill pursuant to a customary
and traditional employer - union hiring
arrangement or openings in an educational
institution which are restricted to student s of
that institution. Under most compelling
circumstances an employment opening may
not be suitable for listing, including such
situations where the needs of the Government
cannot reasonably be otherwise supplied,
where listing would be contrary to nation al
security, or where the requirement of listing
would otherwise not be for the best interest of
the Government.

b. “Appropriate office of the State Employment
Service System” means the local office of the
federal - state national system of public
employment offices with assigned
responsibility for serving the area where the
employment opening is to be filled, including
the District of Colombia, Guam, Puerto Rico
and the Virgin Islands.
c. “Openings which the Contractor proposes to
fill from within his o wn organization” means
employment openings for which no
consideration will be given to persons outside
the Contractor’s organization (including any
affiliates, subsidiaries and the parent
companies) and includes any openings which
the Contractor proposes t o fill from regularly
established “recall” lists.
d. “Openings which the Contractor proposes to
fill pursuant to a customary and traditional
employer - union hiring arrangement” means
employment openings which the Contractor
proposes to fill from union ha lls, which is part
of the customary and traditional hiring
relationship which exists between the
Contractor and representatives of his
employees.
(9) The Contractor agrees to comply with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.

(10) In the event of the Contractor ’s noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(11) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, provided by or through the contracting
officer. Such notices shall state the Contract or’s
obligation under the law to take affirmative action to
employ and advance in employment qualified
disabled veterans and veterans of the Vietnam Era
for employment, and the rights of applicants and
employees.
(12) The Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that the Contractor is bound by the
terms of the Vietnam Era Veterans’ Readjustment
Assistance Act, and is committed to take affirmative
action to employ and advance in employment
qualified disabled veterans and veterans of the
Vietnam Era.
(13) The Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that such provisions will be
binding upon each Subcontractor or vendor. The
Contractor will take such action with respect to any
subcontract or purchase order as the Director of the
Office of Feder al Contract Compliance Programs
may direct to enforce such provisions, including
action for noncompliance.
(14) Collective bargaining agreement or other contract
understanding that the Contractor is bound by the
terms of the Vietnam Era Veterans’ Readjustment
Assistance Act, and is committed to take affirmative
action to employ and advance in employment
qualified disabled veterans and veterans of the
Vietnam Era.
(15) The Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that such provisions will be
binding upon each Subcontractor or vendor. The
Contractor will take such action with respect to any
subcontract or purchase order as the Director of the
Office of Federal Contract Compliance Programs
may direct to enforce such provisions, including
action for noncompliance.

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EQUAL OPPORTUNITY CLAUSE FOR

WORKERS WITH DISABILITIES

This clause is inserted pursuant to the Rehabilitation Act of 1973 (P.L. 93-112) and 41 CFR Sec. 60-741-4.

(1) The Contractor will not discriminate against any
employee or applicant for employment because of
physical or mental handicap in regard to any
position for which the employee or applicant for
employment is qualified. The Contractor agrees to
take affirmative action to employ, advance in
employment and otherwise treat qualified
handicapped individuals without discrimination
based upon their physical or mental handicap in all
employment practices such as the following:
employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or termination, rates
of pay or other forms of compensation, and
selection for training, including apprenticeship.

(2) The Contractor agrees to com ply with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.

(3) In the event of the Contractor’s non-compliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.

(4) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, pr ovided by or through the contracting
officer.

(5) Such notices shall state the Contractor’s obligation under the law to take affirmative action to employ
and advance in employment qualified handicapped
employees and applicants for employment, and the
rights of applicants and employees.

(6) The Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that the Contractor is bound by the
terms of Section 503 of the Rehabilitation Act of
1973, and is committed to take affirmative action to
employ and advance in employment physically and
mentally handicapped individuals.

(7) The Contractor will include the provisions of this
clause in every subcontract or purchase order of
$2,500.00 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to Section 503 of the Act, so that such
provisions will be binding upon each Sub contractor
or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the
Director of the Office of Federal Contract
Compliance Programs may direct to enforce such
provisions, including action for noncompliance.

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

STANDARD FEDERAL EQUAL

EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT PROVISIONS
(EXECUTIVE ORDER 11246, PURSUANT TO
41 CFR 60-4.3 (a)

1. As used in these specifications:

a. “Covered area” means the geographical area
described in the solicitation from which this
contract resulted;

b. “Director” means Dire ctor, Office of Federal
Contract Compliance Programs, United States
Department of Labor, or any person to whom the
Director delegates authority;

c. “Employer identification number” means the
Federal Social Security number used on the
Employer’s Quarter Federal Tax Return. U.S.

Treasury Department form 941.

d. “Minority” includes:

(i) Black (all persons having origins in any of
the Black African racial groups not of
Hispanic origin);

(ii) Hispanic (all persons of Mexican, Puerto
Rican, Cuban, Central or South American or
other Spanish Cu lture or origin, regardless
of race);

(iii) Asian and Pacific Islander (all persons
having origins in any of the original peoples
of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and

(iv) American Indian or Alas kan Native (all
persons having origins in any of the original
peoples of North America and maintaining
identifiable tribal affiliations through
membership and participation or community
identification).

2. Whenever the Contractor , or any Subc ontractor at
any tier, subcontracts a portion of the work involving
any construction trade, it shall physically include in
each subcontract in excess of $10,000 the provisions
of these specifications and the Notice which contains
the applicable goals for minority and f emale
participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.

Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all work in the Plan area
(including goals and timetables) shall be in
accordance with the plan for those trades which have
unions participating in the Plan. Contractors must be
able to demonstrate their participation in and
compliance with the provisions of any such
Hometown Plan. Each Contractor or Sub contractor
participating in an approved Plan is individually
required to comply with its obligations under the EEO
clause, and to make a good faith effort to achieve
each goal under the Plan in each trade in which it
has employees. The overall good faith performance
by other Contractors or Subcontractors toward a goal
in an approved Plan does not excuse any covered
Contractor’s or Subcontractor’s failure to take good
faith efforts to achieve Plan goals and timetables.

4. The Contractor shall implement the specific
affirmative action standards provided in paragraphs
7a through p of these specifications. The goals set
forth in the solicitation from which the contract
resulted are expressed as percentages of the total
hours of employment and training of minority and
female utilization the Contractor should reasonable
the able to achieve in each construction trade in
which it has employ ees in the covered area.

Covered construction Contractors performing
construction work in geographical areas where they
do not have a f ederal or federally assisted
construction contract shall apply the minority and
female goals established for the geographical area
where the work is being performed. Goals are
published periodically in the FEDERAL REGISTER
in notice form, and such notices may be obtained
from any Office of Federal C ontract Compliance
programs Office or from f ederal procurement
contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its
goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining
agreement, nor the failure by a union with whom t he
Contractor has a collective bargaining agreement, to
refer either minorities or women shall excuse the
Contractor’s obligations under t hese specifications,
Executive Order 11246 or the regulations
promulgated pursuant thereto.

6. In order for the nonworking trainin g hours of
apprentices and trainees to be counted in meeting
the goals, such apprentices and trainees must be
employed by the Contractor during the training
period and the Contractor must have made
commitment to employ the apprentices and trainees
at the c ompletion of their training, subject to the
availability of employment opportunities. Trainees
must be trained pursuant to training programs
approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor’s compliance with these
specifications shall be based upon its effort to
achieve maximum results from its actions. The
Contractor shall document these efforts fully, and

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

shall implement affirmativ e action steps at least as
extensive as the follow 16 steps:

a. Ensure and maintain a working
environment free of harassment,
intimidation, and coercion at all sites,
and in all facilities at which the
Contractor’s employees are assigned
to work. The Contrac tor shall
specifically ensure that all foremen,
superintendents, and other on-site
supervisory personnel are aware of and
carry out the Contractor’s obligation to
maintain such a working environment,
with specific attention to minority or
female individuals working at such sites
or in such facilities.

b. Establish and maintain a current list of
minority and female recruitment
sources, provide written notification to
minority and female recruitment
sources and to community
organizations when the Contractor or
its unions have employment
opportunities available, and maintain a
record of the organizations’ responses.

c. Maintain a current file of the names,
addresses and telephone numbers of
each minority and female off -the-street
applicant and minority or female
referral from a union, a recruitment
source or community organization and
of what action was taken with respect
to each such individual. If such
individual was sent to the union hiring
hall for referral and was not referred
back to the Contractor by the uni on or,
if referred, not employed by the
Contractor, this shall be documented in
the file with the reason therefore, along
with whatever additional actions the
Contractor may have taken.

d. Provide immediate written notification
to the Director when the union or
unions bargaining agreement has not
referred to the Contractor a minority
person or woman sent by the
Contractor, or when the Contractor has
other information that the union referral
process has impeded the Contractor’s
efforts to meet its obligations.

e. Develop on-the -job training
opportunities and/or participate in
training programs for the area which
expressly include minorities and
women, including upgrading programs
and apprenticeship and trainee
programs relevant to the Contractor ’s
employment needs, especially those
programs funded or approved by the
Department of Labor. The Contractor
shall provide notice of these programs
to the sources compiled under 7b
above.

f. Disseminate the Contractor ’s EEO
policy by providing notice of the policy
to unions and training programs and
requesting their cooperation in
assisting the Contractor in meeting its
EEO obligations by including it in any
policy manual and collective bargaining
agreement; by publicizing it in the
company newspaper, annual report,
etc.; by specific review of the policy
with all management personnel and
with all minority and female employees
at least once a year; and by posting the
company EEO policy on bulletin boards
accessible to all employees t hat each
location where constructi on work is
performed.

g. Review, at least annually, the
company’s EEO policy and affirmative
action obligations under these
specifications with all employees
having any responsibility for hiring,
assignment, layoff, termination or other
employment decisions including
specific review of these items with
onsite supervisory personnel such as
Superintendents, General Foremen,
etc., prior to the initiation of
construction work at any job site. A
written record shall be made and
maintained identifying the item and
place of t hese meetings, persons
attending, subject matter discussed,
and disposition of the subject manner.

h. Disseminate the Contractor ’s EEO
policy externally by including it in any
advertising in the news media,
specifically including minority and
female news med ia, and providing
written notification to and discussing
the Contractor’s EEO policy with other
Contractors and Subc ontractors with
whom the Contractor does or
anticipates doing business.

i. Direct its recruitment efforts, both oral
and written, to minority, female and
community organizations, to schools
with minority and female students and
to minority and female recruitment and
training organizations serving the
Contractor’s recruitment source, the
Contractor shall send written

14.a
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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

notification to organizations such as the
above, describing the openings,
screening procedures, and tests to be
used in the selection process.

j. Encourage present minority and female
employees to recruit other minority
persons and women and, where
reasonable, provide after school,
summer and vacation employment to
minority and female youth both on the
site and in other areas of a Contractor’s
work force.

k. Validate all tests and other selection
requirements where there is an
obligation to do so under 41 CFR Part
60-3.

l. Conduct, at least annually, an inventory
and evaluation at least of all minor8ty
and female personnel for promotional
opportunities and encourage these
employees to seek or to prepare for,
through appropriate training, etc., such
opportunities.

m. Ensure that seniority pract ices, job
classifications, work assignments and
other personnel practices, do not have
a discriminatory effect by continually
monitoring all personnel and
employment related activities to ensure
that the EEO policy and the
Contractor’s obligations under these
specifications are being carried out.

n. Ensure that all facilities and company
activities are non- segregated except
that separate or single-user toilet and
necessary changing facilities shall be
provided to assure privacy between the
sexes.

o. Document and maintain a record of all
solicitations of offers for subcontracts
from minority and female construction
Contractors and suppliers, including
circulation of solicitations to minority
and female Contractor associations
and other business associations.

p. Conduct a review, at least annually, of
all supervisors; adherence to and
performance under the Contractor ’s
EEO policies and affirmative action
obligations.

8. Contractors are encouraged to participate in
voluntary associations which assist in fulfilling
one or more of their affirmative action
obligations (7a – p). The efforts of a Contractor
association, joint Contractor -union, Contractor-
community or other similar group of which the
Contractor is a member and participant may be
asserted as fulfilling any one or more of its
obligations provided that the Contractor actively
participates in the group, makes every effort to
assure that the group has a positive impact on
the employment of minorities and women in the
industry, ensures that the concrete benefits of
the program are reflected in the Contractor’s
minority and female workforce participation
makes a good faith effort to meet its individual
goals and timetables, and can provide access to
documentation, which demonstrates the
effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however,
is the Contractor’s and failure of such a group to
fulfill an obligation shall not be a defense for the
Contractor’s noncompliance.

9. A single goal for minorities and a separate single
goal for women have been established. The
Contractor, however, is required to provide
equal employment opportunity and to take
affirmative action for all minority groups, both
male and female, and all women, both minority
and non-minority. Consequently, the Con tractor
may be in violation of the executive o rder if a
particular group is employed in a substantially
disparate manner (for example, even though the
Contractor has achieved its goals for women
generally, the Contractor may be in violation of
the Executiv e Order if a specific minority group
of women is underutilized).

10. The Contractor shall not use the goals and
timetables or affirmative action standards to
discriminate against any person because of
race, color, religion, sex, or national origin.

11. The Contractor shall not enter into any
Subcontract with any person or firm debarred
from Government contracts pursuant to
Executive Order 11246.

12. The Contractor shall carry out such sanctions
and penalties for violation of these specifications
and of the Equal Opportunity Clause, including
suspension, termination and cancellation of
existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as
amended, and its implementing regulations, by
the Office of Federal Contract Compliance
Programs. Any Contractor who fails to carry out
such sanctions and penalties shall be in violation
of these specifications and Executive Order
11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as
those standards prescribed in paragraph 7 of
these specifications, so as to achieve maximum

14.a
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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

results from its efforts to ensure equal
employment opportunity. If the Contractor fails
to comply with the requirements of the Executive
Order, the implementing regulations, or these
specifications, the director shall proceed in
accordance with 41 CRF 60-4.6.

14. The Contractor shall designate a responsible
official to monitor all employment related activity
to ensure that the company EEO policy is being
carried out, to submit reports relating to the
provisions hereof as may be required by the
Government and to keep records. Records shall
at lease include for each employee the name,
address, telephone numbers, construction trade,
union affiliation if any, employee identification
number when assigned, social security number,
race, sex, status (e.g., mechanic, apprentice
trainee, helper, or laborer) dates of changes in
status, hours worked per week in the indicated
trade, rate of pay, and locations at which the
work was performed. Records shall be
maintained in an easily understandable and
retrievable form; however, to the degree that
existing records satisfy this requirement,
Contractors shall not be required to maintain
separate records.

15. Nothing herein provided shall be construed as a
limitation upon the application of other laws
which establish different standards of
compliance or upon the application of
requirements for the hiring of local or other area
residents (e.g. those under the Public Works
Employment Act of 1977 and the Community
Development Block Grant Program).

a) The notice set forth in 41 CFR 60-4.2 and
the specifications set forth in 41 CFR 60-4.3
replace the New Form for Federal Equal
Employment Opportunity Bid conditions for
Federal and federally Assisted Construction
published at 41 CFR 32482 and commonly
known as the Model Federal EEO Bid
Conditions, and the New Form shall not be
used after the regulations in 41 CFR Part
60-4 become effective.

Minority Goals
The goal for the utilization of women employees on
federally-assisted construction contracts is set at 6.9%.

The goal for utilization of minorities, based on the
Standard metropolitan Statistical Area (SMSA) for
Riverside/San Bernardino County is 19%.

For additional information on these goals, please contact the OFCCP-Pacific Region at (415) 848-6969.

14.a
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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS

(Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000)

During the performance of this Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et . seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.

In addition to the forgoing requirements, all nonexempt Contractors and Subcontractors shall furnish to the owner, the following:

(1) A stipulation by the Contractor or Subcontractors, that any facility to be utilized in the performance of any nonexempt Contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.

(2) Agreement by the Contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

(3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities.

(4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements in paragraph (1) through (3) of this section in every nonexempt subc ontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions.

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

- Insert -

DAVIS-BACON WAGE DETERMINATION

14.a
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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) "General Decision Number: CA20220026 02/25/2022
Superseded General Decision Number: CA20210026
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: San Bernardino 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.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2022. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2022. |

14.a
Packet Pg. 576
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.

Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 01/21/2022
3 02/18/2022
4 02/25/2022
ASBE0005-002 09/01/2021
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 47.25 24.45 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66 ---------------------------------------------------------------- ASBE0005-004 07/05/2021
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from

14.a
Packet Pg. 577
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) mechanical systems, whether
they contain asbestos or not)....$ 22.40 13.07 ---------------------------------------------------------------- BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER......................$ 46.03 38.81 ---------------------------------------------------------------- * BRCA0004-011 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.48 18.63 *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 ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2021
Rates Fringes
MARBLE FINISHER..................$ 35.90 14.11 TILE FINISHER....................$ 30.47 12.52 TILE LAYER.......................$ 43.09 18.31 ---------------------------------------------------------------- BRCA0018-010 09/01/2020
Rates Fringes
TERRAZZO FINISHER................$ 33.66 14.20 TERRAZZO WORKER/SETTER...........$ 41.60 14.73 ---------------------------------------------------------------- CARP0213-001 07/01/2021
Rates Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock

14.a
Packet Pg. 578
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
---------------------------------------------------------------- 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 ---------------------------------------------------------------- ELEC0440-004 12/27/2021

COMMUNICATIONS AND SYSTEMS WORK

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) Rates Fringes
Communications System
Installer...................$ 39.60 3%+16.89
Technician..................$ 33.09 15.89
SCOPE OF WORK:

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 alarms, 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.
---------------------------------------------------------------- ELEC0477-002 06/01/2021
Rates Fringes
Electricians:....................$ 45.75 3%+25.33 CABLE SPLICER: $1.50 per hour above Electrician rate.

TUNNEL WORK: 10% above Electrician rate.

ZONE PAY:

Zone A - 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all
contractors
Zone B - Any work performed outside Zone A's 80 road miles, shall add $12.00 per hour to the current wage scale.
---------------------------------------------------------------- ELEC1245-001 01/01/2022
Rates Fringes

LINE CONSTRUCTION

14.a
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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) (1) Lineman; Cable splicer..$ 60.19 22.07
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 48.08 20.86
(3) Groundman...............$ 36.76 20.46
(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 01/01/2022
Rates Fringes
ELEVATOR MECHANIC................$ 61.34 36.885+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.
---------------------------------------------------------------- ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 51.03 27.20
GROUP 8....................$ 51.14 27.20
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 51.26 27.20
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 51.43 27.20
GROUP 13....................$ 51.53 27.20

14.a
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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) GROUP 14....................$ 51.56 27.20
GROUP 15....................$ 51.64 27.20
GROUP 16....................$ 51.76 27.20
GROUP 17....................$ 51.93 27.20
GROUP 18....................$ 52.03 27.20
GROUP 19....................$ 52.14 27.20
GROUP 20....................$ 52.26 27.20
GROUP 21....................$ 52.43 27.20
GROUP 22....................$ 52.53 27.20
GROUP 23....................$ 52.64 27.20
GROUP 24....................$ 52.76 27.20
GROUP 25....................$ 52.93 27.20
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 49.60 27.20
GROUP 2....................$ 50.38 27.20
GROUP 3....................$ 50.67 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 51.03 27.20
GROUP 6....................$ 51.14 27.20
GROUP 7....................$ 51.26 27.20
GROUP 8....................$ 51.43 27.20
GROUP 9....................$ 51.60 27.20
GROUP 10....................$ 52.60 27.20
GROUP 11....................$ 53.60 27.20
GROUP 12....................$ 54.60 27.20
GROUP 13....................$ 55.60 27.20
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 50.10 27.20
GROUP 2....................$ 50.88 27.20
GROUP 3....................$ 51.17 27.20
GROUP 4....................$ 51.31 27.20
GROUP 5....................$ 51.53 27.20
GROUP 6....................$ 51.64 27.20
GROUP 7....................$ 51.76 27.20
PREMIUM PAY:
$3.75 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.

14.a
Packet Pg. 582
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

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); 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); 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 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 5: Equipment Greaser (Grease Truck/Multi Shift).

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;

14.a
Packet Pg. 583
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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; 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, 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; 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.

14.a
Packet Pg. 584
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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 9: Heavy Duty Repairman
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 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 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.

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

14.a
Packet Pg. 585
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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, 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

14.a
Packet Pg. 586
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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. 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)

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)

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Packet Pg. 587
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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
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.); Tower crane operator and tower gantry
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

14.a
Packet Pg. 588
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)
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 (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

14.a
Packet Pg. 589
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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 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,

14.a
Packet Pg. 590
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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 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,

14.a
Packet Pg. 591
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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
---------------------------------------------------------------- ENGI0012-004 08/01/2020
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 56.40 30.00
(2) Dredge dozer............$ 50.43 30.00
(3) Deckmate................$ 50.32 30.00
(4) Winch operator (stern
winch on dredge)............$ 49.77 30.00
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 49.23 30.00
(6) Barge Mate..............$ 49.84 30.00
---------------------------------------------------------------- IRON0433-006 07/01/2020
Rates Fringes

IRONWORKER
Fence Erector...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural..............$ 41.00 33.45
PREMIUM PAY:
$6.00 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 $4.00 additional per hour at the following locations:

Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center

14.a
Packet Pg. 592
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) $2.00 additional per hour at the following locations:

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 03/01/2021
Rates Fringes
Asbestos Removal Laborer.........$ 37.49 21.88 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 07/01/2021
Rates Fringes

LABORER (GUNITE)
GROUP 1.....................$ 46.50 20.42
GROUP 2.....................$ 45.55 20.42
GROUP 3.....................$ 42.01 20.42
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

14.a
Packet Pg. 593
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) GROUP 3: Reboundmen
---------------------------------------------------------------- LABO0783-002 07/01/2020
Rates Fringes

LABORER (TUNNEL)
GROUP 1.....................$ 42.54 21.04
GROUP 2.....................$ 42.86 21.04
GROUP 3.....................$ 43.32 21.04
GROUP 4.....................$ 44.01 21.04

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

14.a
Packet Pg. 594
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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 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

14.a
Packet Pg. 595
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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

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 ---------------------------------------------------------------- LABO0783-005 07/01/2021
Rates Fringes
Brick Tender.....................$ 35.82 20.45 ---------------------------------------------------------------- LABO1184-001 07/01/2021
Rates Fringes
Laborers: (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 38.89 17.10
(2) Vehicle Operator/Hauler.$ 39.06 17.10
(3) Horizontal Directional

14.a
Packet Pg. 596
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) Drill Operator..............$ 40.91 17.10
(4) Electronic Tracking
Locator.....................$ 42.91 17.10
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 40.10 20.12
GROUP 2.....................$ 41.40 20.12
GROUP 3.....................$ 43.41 20.12
GROUP 4.....................$ 45.15 20.12

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
---------------------------------------------------------------- LABO1414-003 08/05/2020
Rates Fringes

LABORER

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Packet Pg. 597
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) PLASTER CLEAN-UP LABORER....$ 36.03 21.01
PLASTER TENDER..............$ 38.58 21.01
Work on a swing stage scaffold: $1.00 per hour additional.

Work at Military Bases - $3.00 additional per hour:

Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air
Facility-Seeley, North Island Naval Air Station, Vandenberg AFB.
---------------------------------------------------------------- PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 33.12 17.24
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 10/01/2021
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 43.63 22.92 ---------------------------------------------------------------- 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 01/01/2021

14.a
Packet Pg. 598
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) Rates Fringes
SOFT FLOOR LAYER.................$ 38.75 14.03 ---------------------------------------------------------------- PLAS0200-008 08/04/2021
Rates Fringes
PLASTERER........................$ 45.77 18.39 FORT IRWIN; MARINE CORPS AIR STATION 29 PALMS, AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. ---------------------------------------------------------------- PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ---------------------------------------------------------------- PLUM0016-002 09/01/2021
Rates Fringes

PLUMBER, PIPEFITTER,

STEAMFITTER
Work at Edwards AFB.........$ 60.83 25.36
Work at Fort Irwin Army
Base........................$ 64.33 25.36
Work at Marine Corps
Logistic Base at Nebo,
Marine Corps Logistic Base
at Yermo and Twenty-Nine
Palms Marine Base...........$ 60.83 25.36
Work ONLY on new additions
and remodeling of bars,
restaurants, stores and
commercial buildings, not
to exceed 5,000 sq. ft. of
floor space.................$ 52.20 24.38
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 39.91 22.71
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not

14.a
Packet Pg. 599
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 53.83 25.36
---------------------------------------------------------------- PLUM0345-001 09/01/2021
Rates Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 36.85 24.75
Sewer & Storm Drain Work....$ 40.94 22.13
---------------------------------------------------------------- ROOF0036-002 08/01/2021
Rates Fringes
ROOFER...........................$ 42.07 18.92 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 $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-009 01/01/2021
Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario
Rates Fringes
SPRINKLER FITTER.................$ 39.83 26.23 ---------------------------------------------------------------- SFCA0709-004 01/01/2021

THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO:

Rates Fringes
SPRINKLER FITTER (Fire)..........$ 48.71 29.15 ---------------------------------------------------------------- SHEE0105-003 01/01/2022

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Packet Pg. 600
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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........................$ 50.23 29.60
(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...$ 48.28 29.46
---------------------------------------------------------------- TEAM0011-002 07/01/2020
Rates Fringes

TRUCK DRIVER
GROUP 1....................$ 32.59 30.59
GROUP 2....................$ 32.74 30.59
GROUP 3....................$ 32.87 30.59
GROUP 4....................$ 33.06 30.59
GROUP 5....................$ 33.09 30.59
GROUP 6....................$ 33.12 30.59
GROUP 7....................$ 33.37 30.59
GROUP 8....................$ 33.62 30.59
GROUP 9....................$ 33.82 30.59
GROUP 10....................$ 34.12 30.59
GROUP 11....................$ 34.62 30.59
GROUP 12....................$ 35.05 30.59
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

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Packet Pg. 601
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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
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.
================================================================

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Packet Pg. 602
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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) (ii)).
---------------------------------------------------------------- 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

14.a
Packet Pg. 603
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) 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
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.
----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

14.a
Packet Pg. 604
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

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.

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

14.a
Packet Pg. 605
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISIO"

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

14.a
Packet Pg. 607
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) S

AMPLE DOCUMENTS
(Including Exhibits A through G)

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Packet Pg. 608
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

14.a
Packet Pg. 609
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) Created on 8/23/2012
CONTRACTOR’S CERTIFICATION OF COMPLIANCE WITH
DAVIS‐BACON AND RELATED ACTS REQUIREMENTS
PRIME CONTRACTOR
PROJECT NAME:  PROJECT CODE:

PROJECT ADDRESS:

PRIME CONTRACTOR NAME:

As the Prime Contractor for the above referenced project, I hereby make the following certification and acknowledgment with respect to the applicability of “DAVIS‐BACON AND RELATE D ACTS” requirements:

1. By   entering into   this contract   I certify and acknowledge   that the  above  referenced project is federally funded  and,  as  the  Prime  Contractor,  I  am  solely  responsible  for  complying  with  the  “DAVIS‐BACON  AND RELATED ACTS” requirements; and

2. The  Prime   Contractor   and  all  Subcontractors   are    required  to   pay  their   laborers   and  mechanics employed  a  wage  not  less  than  the  highest  wage  applicable  to  their  work  classifications.  If  no  federal  work classification  appears  to  apply,  the  Prime  Contractor  shall  make  a  written  request  to  the  County  of  San Bernardino to obtain the applicable wor k classification and wage rate prior to the start of construction. The Prime Contractor is solely responsible for ensuring that all Subcontractors are in compliance with the “DAVIS‐ BACON AND RELATED ACTS” requirements.
__________________________________
PRIME CONTRACTOR
_______________________________________
PRIME CONTRACTOR SIGNATURE
________________
DATE
________________
TITLE
IF PRIME CONTRACTOR IS A CORPORATION OR PARTNERSHIP
LIST THE LEGAL NAMES AND TITLES OF ALL PARTNERS OR CORPORATE OFFICERS. _______________________________________
NAME
_______________________________________
NAME
_______________________________________
NAME
_______________________________________
NAME
_______________________________________
NAME
________________
TITLE
________________
TITLE
________________
TITLE
________________
TITLE
________________
TITLE
EXHIBIT: A

14.a
Packet Pg. 610
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) Created on 8/21/2012
SUBCONTRACTOR’S CERTIFICATION OF COMPLIANCE WITH
DAVIS‐BACON AND RELATED ACTS REQUIREMENTS

SUBCONTRACTOR
PROJECT NAME:  PROJECT CODE:

PROJECT ADDRESS:

PRIME CONTRACTOR NAME:

SUBCONTRACTOR NAME:

As the undersigned Subcontractor, having executed a contract with the above named contractor on the above referenced  project,  hereby  make  the  following  certification  and  acknowledgment  with  respect  to  the applicability of “DAVIS‐BACON AND RELA TED ACTS” requirements:

1. By executing a contract with the above named contractor, I/we certify and acknowledge that the above referenced  project  is  federally  funded  and  will  comply  with  the  “DAVIS‐BACON  AND  RELATED  ACTS” requirements.

2. I/we have read the “LABOR COMPLIANCE  CONTRACT ADDENDUM” including the wage determination for the above referenced project. I/we acknowledge the receipt and adherence to following provisions set forth in the “FEDERAL LABOR STANDARDS PROV ISIONS” before participation on this project.

3. I/we will include the “LABOR COMPLIANCE CONTRACT ADDENDUM” including the wage determination for the above referenced project in any lower tier subcontracts/purchase orders executed. I/we will forward to Prime Contractor a copy of all executed subcontracts/purchase orders to any lower tier subcontractors within seven (7) days of the execution date.
________________________________________

SUBCONTRACTOR
________________________________________
SUBCONTRACTOR SIGNATURE
_____________________
DATE
_____________________
TITLE
IF SUBCONTRACTOR IS A CORPORATION OR PARTNERSHIP
LIST THE LEGAL NAMES AND TITLES OF ALL PARTNERS OR CORPORATE OFFICERS. ____________________________________________
NAME
____________________________________________
NAME
____________________________________________
NAME
____________________________________________
NAME
____________________________________________
NAME
_____________________
TITLE
_____________________
TITLE
_____________________
TITLE
_____________________
TITLE
_____________________
TITLE
EXHIBIT: A‐1

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Packet Pg. 611
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) Created on 8/24/2012
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
PRIME CONTRACTOR
PROJECT NAME:  PROJECT CODE:

PROJECT ADDRESS:

INSTRUCTIONS
This certification   is   required   pursuant   to   Executive   Order   11246    (30 F.R. 12319‐25).   The implementing  rules and  regulations   provide  that  any  bidder  or  prospective  contractor,  or  any  of  their  proposed  Subcontractors,  shall state  as  an  initial  part  of  the  bid  or  negotiations  of  the  contract  whether  it   has   participated  in   any    previous contract or subcontract subject to the Equal Opportunity Clause; and, if so, whether it has filed all compliance reports due under applicable instru
ctions.

Where   the  certification  indicates    that   the  bidder   has    not   filed   a   compliance  report    due    under applicable instructions,  such  bidder  shall  be  required   to submit  a compliance report within seven (7) calendar days after bid opening.  No contract shall be awarded unless such report is submitted.

BIDDER’S CERTIFICATION
BIDDER’S NAME:

ADDRESS:

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.

Yes     No (IF YES, identify the most recent contract.) ________________________________________________ ____________________________________________________________________________________ (IF NO, contractor may be required to submit an EEO‐1 survey or other reports to the Equal Employment    Opportunity Commission, EEOC at 800‐669‐4000 or online at http://www.eeoc.gov/eeo1survey/index.html.

2. Complianc
e reports were filed in connection with such contract or subcontractor with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission.

Yes     No     None Required

3. Has Bidder ever been or is bidder being considered for sanction due to violation of EXECUTIVE ORDER 11246, as amended.  http://www.dol.gov/compliance/laws/comp‐eeo.h tm Yes     No
Certification: The information above is true and complete to the best of my knowledge and belief. ___________________________________________________________    ___________________________ PRIME CONTRACTOR (Print Name) TITLE
___________________________________________________________    ___________________________ CONTRACTOR SIGNATURE            DATE
EXHIBIT: B

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Packet Pg. 612
Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) Created on 8/24/2012

CERTIFICATION
BY PROPOSED SUBCONTRACTOR
REGARDING EQUAL EMPLOYMENT OPPORTUNITY

SUBCONTRACTOR
PROJECT NAME:  PROJECT CODE:

PROJECT ADDRESS:

INSTRUCTIONS
This certification   is   required   pursuant   to   Executive    Order   11246   (30 F.R. 12319‐25).   The implementing  rules and  regulations   provide  that  any  bidder  or  prospective  Contractor,  or  any  of  their  proposed  Subcontractors,  shall state  as  an  initial  part  of  the  bid  or  negotiations  of  the  contract  whether  it   has   participated  in   any    previous contract or subcontract subject to the Equal Opportunity Clause; and, if so, whether it has filed all compliance reports due under applicable instru
ctions.

Where   the   certification  indicates    that  the    Subcontractor  has  not   filed  a   compliance   report    due   under applicable  instructions,   such   Subcontractor   shall  be  required   to  submit  a   compliance  report  before  the  Prime Contractor approves the subcontract or permits work to begin under the subcontract. No contract shall be awarded unless such report is submitted.

SUBCONTRACTOR’S CERTIFICATION
SUBCONTRACTOR’S NAME:

ADDRESS:

1. Subcontractor has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.

Yes     No (IF YES, identify the most recent contract.)  ________________________________________________ ____________________________________________________________________________________ (IF NO, contractor may be required to submit an EEO‐1 survey or other reports to the Equal Employment    Opportunity Commission, EEOC at 800‐669‐4000 or online at http://www.eeoc.gov/eeo1survey/index.html.

2. Complianc
e reports were filed in connection with such contract or subcontractor with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission.

Yes     No     None Required

3. Subcontractor has ever been or is being considered for sanction due to violation of EXECUTIVE ORDER 11246, as amended.  http://www.dol.gov/compliance/laws/comp‐eeo.h tm Yes     No
Certification: The information above is true and complete to the best of my knowledge and belief. ___________________________________________________________    ________________________________ SUBCONTRACTOR (Print Name) TITLE
___________________________________________________________    ________________________________ SUBCONTRACTOR SIGNATURE           DATE
EXHIBIT: C

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

AFFIRMATIVE ACTION COMPLIANCE FORM
FOR CONSTRUCTION CONTRACTS OVER $10,000

PRIME CONTRACTOR SUBCONTRACTOR
PROJECT NAME: PROJECT CODE:

COMPANY – CONTRACTOR NAME:

Please check the box that applies to your company to affirm an understanding and implementation of AFFIRMATIVE ACTION COMPLIANCE requirements and that you have read and completed the requirements for the project as noted below:

I / We have reviewed and underst and the “CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (ATTACHMENT D)” of the bid package and/or “LABOR COMPLIANCE CONTRACT ADDENDUM”. ** MANDATORY REQUIREMENT **
I / We DO currently maintain an effective Affirmative Action Program. The Affirmative Action Program complies with the Standard Federal Equal Employment Opportunity Construction Contract Provisions Executive Order 11246, pursuant to 41 CFR 60-4.3 (a) and will furnish a copy upon request.

I / We DO NOT currently maintain an Affirmative Action Program. I / We agree to the Equal Opportunity Clause for Federally-Assisted Construction Contracts (Executive Order 11246), as amended, and Title VII of the Civil Rights Act of 1964, and is applicable pursuant to 41 CFR 60- 1.4) of “CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (ATTACHMENT D) ” of the bid package and /or “LABOR COMPLIANCE CONTRACT ADDENDUM”.

Personnel affirmative action in recruitment, hiring and promotion is required by Contractors and Subcontractors who have entered into a federally -assisted c onstruction contract that exceeds $10,000 or $10,000 in the aggregate over a 12 -month period. Contractors or Subcontractor who enter into a “Construction Contract” in excess of $10,000 must take 16 spec ific affirmative action steps to ensure equal employment opportunity.

These steps are included in 41 CFR 60- 4.3 (a) (7) and are also included under “Standard Federal Equal Employment Opportunity Construction Contract Specifications” of “CONSTRUCTION CONTR ACT LABOR COMPLIANCE PROVISIONS (ATTACHMENT D) ” of the bid package and /or “LABOR COMPLIANCE CONTRACT ADDENDUM”.

I certify the information above is true and complete to the best of my knowledge and belief. ____
_______________________________________________________ ________________________________ CONTRACTOR (Print Name) TITLE
___________________________________________________________ ____ ____________________________

CONTRACTOR SIGNATURE DATE
EXHIBIT: D
Created on 3/12/2014

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) Created on 8
/24/2012
CERTIFICATE OF

UNDERSTANDING
AND AUTHORIZATION FORM
PRIME CONTRACTOR  SUBCONTRACTOR
** Complete If Owner/Officer Is NOT Signing Statement of Compliance ** PROJECT NAME:  PROJECT CODE:

COMPANY – CONTRACTOR NAME:

The undersigned
certifies that the company principal(s), and the authorized payroll officer have read the most current  “DAVIS‐BACON  LABOR  STANDARDS”  (A  Contractor’s Guide  to  Prevailing  Wage  Requirements  for Federally‐Assisted  Construction  Projects)  and  understand  the  labor  standards  clauses  pertaining  to  this project  including  the  pre‐construction  conference  discussions  and  all  related  documents  required  for  this project by the implementing agency in the pre‐construction checklist package.

THE FO
LLOWING PERSON(S) IS DESIGNATED AS THE PAYROLL OFFICER FOR THE UNDERSIGNED COMPANY – CONTRACTOR AND IS AUTHORIZED TO SIGN THE STATEMENT OF COMPLIANCE WHICH WILL ACCOMPANY EACH WEEKLY CERTIFIED PAYROLL REPORT FOR THIS PROJECT.
____
______________________________________    __________________________________________ PAYROLL AGENT (PRINT NAME) PAYROLL AGENT (SIGNATURE)
__________________________________________    __________________________________________ OWNER/OFFICER (PRINT NAME) OWNER/OFFICER (SIGNATURE)
____
______________________________________    __________________________________________ TITLE (PARTNER/CORPORATE OFFICER OR OWNER) DATE
***  A  PAYROLL  OFFICER  MAY  SELF‐CERTIFY  AUTHORIZATION  TO  SIGN  PAYROLL  REPORTS  ONLY  IF  A  SOLE‐ PROPRIETOR.  ALL  OTHERS  MUST  HAVE  AUTHORIZATION  FROM  A  SECOND  CORPORATE  OFFICER  /  PARTNER OR OWNER. ***
EXHIBIT: E

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

FRINGE BENEFIT STATEMENT FOR
M
PRIME CONTRACTOR  SUBCONTRACTOR
PROJECT NAME:  PROJECT CODE:

COMPANY – CONTRACTOR NAME:

Use this form to identify those bona fide Fringe Benefit Plan(s) in which your employees are participating. List all third party plans, funds or trustees to which your firm  makes  fringe  benefit  payments  in  the  interest  of  your  employees.  Provide  an  hourly  equivalent  of  each  fringe  type  (in  dollars)  below.  Payrolls  will  be monit
ored to ensure the proper Fringe Benefit rates are being paid. Additional documentation may be required.

CLASSIFICATION:      EFFECTIVE DATE:      SUBSISTENCE OR TRAVEL PAY $:

FRINGE BENEFIT HOURLY AMOUNT:  NAME,  ADDRESS AND CONTACT INFORMATION OF PLAN, FUND OR PROGRAM NAME:

ADDRESS:

VACATION/HOLIDAY $:

CONTACT INFORMATION:

NAME:

ADDRESS:

HEALTH & WELFARE $:

CONTACT INFORMATION:

NAME:

ADDRESS:

PENSION $:

CONTACT INFORMATION:

NAME:

ADDRESS:

APPRENTICE/TRAINING $:

CONTACT INFORMATION:

NAME:

ADDRESS:

OTHER $:

CONTACT INFORMATION:

CLASSIFICATION:      EFFECTIVE DATE:      SUBSISTENCE OR TRAVEL PAY $:

FRINGE BENEFIT HOURLY AMOUNT:  NAME,  ADDRESS AND CONTACT INFORMATION OF PLAN, FUND OR PROGRAM NAME:

ADDRESS:

VACATION/HOLIDAY $:

CONTACT INFORMATION:

NAME:

ADDRESS:

HEALTH & WELFARE $:

CONTACT INFORMATION:

NAME:

ADDRESS:

PENSION $:

CONTACT INFORMATION:

NAME:

ADDRESS:

APPRENTICE/TRAINING $:

CONTACT INFORMATION:

NAME:

ADDRESS:

OTHER $:

CONTACT INFORMATION:

I certify under penalty of perjury that fringe benefits are paid to the approved plans, funds or programs as listed above:
_____ _________

CONTRACTOR
(PRINT NAME)    TITLE

CONTRACTOR
SIGNATURE     DATE
EXHIBIT: F

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

FRINGE BENEFIT FORM INSTRUCTIONS
Supplemental statements MUST be submitted during the progress of work should a change in rate of any of the classifications be made.

NOTE:  To receive credit for employer paid benefit contributions, plans must be bona fide and contributions must be documented.

On the Fringe Benefit Statement, indicate the name, address and phone number of the administrator of the Plan, Fund or Program.

VACATION
PLAN/PAID  HOLIDAY  DOCUMENTATION:  Please  submit  copies  of  your  company’s  policy  for  employer  paid vacation  and  holidays.  For   vacation,  please  explain  how  you  track  the  vacation  hours  for  each  employee.  Additionally, please submit copies of monthly reports or statements from the bank/fund depository showing that the plan and vacation amounts are available for the workers.

HEALTH  AND  WELFARE  DOCUMENTATION:  For  your  Health  &  Welfare  Plan,  please  submit  copies  of  the  plan documentation indicating monthly or quarterly billings for the covered benefits (and delineating all benefits per worker), as well as statements and copies of checks transmitted by your company to the trust fund or plan for these benefits.

PENSIO N PLAN DOCUMENTATIO N: Please submit copies of the plan documentation from the Plan Administrator including the plan summary, account balances, monthly or quarterly transmittals into the account and copies of checks transmitted by your company as payments into the accounts.

APPRENTICE/TRAINING DOCUMENTATION: Please submit copies of the Apprentice/Training Certification Letter from your Federally  Registered  Program  Sponsors.  The  apprenticeship  program  must  be  registered  with  the  Department  of  Labor (DOL),  Office  of  Apprenticeship.  Include  level,  step  or  period  of  the  apprentice;  apprentice’s  wage  scale  and  ratio information. A training or apprentice wage can be paid only if the traine e is registered in a DOL approved apprenticeship or training  program  or  with  a  State  Apprenticeship  Agency  recognized  by  DOL.  Otherwise,  the  individual  is  to  be  paid  the Davis‐Bacon and Related Acts (DBRA) prevailing wage rate for the classification of work that they are performing regardless of their skill level. (Federal regulations DO NO
T REQUIRE the employment of apprentices on federally funded projects) OTHER DOCUMENTATION:  Please  submit  copies  of  explanation,  monthly  reports  or  statements  and  plan  documentation from the Plan Administrator for all “OTHER” company paid plan(s). The implementing agency will verify plan(s) for employer to receive credit.

FRINGES PAID IN CASH: Indicate if some or all fringes will be added to the employee’s basic hourly rate.

If your company does not operate under a collective bargaining agreement or contribute based on an hourly amount; you may  use  the  following  formulas  to  compute  hourly  benefits.  Please  be  advised  that  examples  are  provided  only  to demonstrate how the formulas are used.

Annual
Calculation: The annual calculation is based on 2080 hours per year (40hrs x 52 weeks per year) Formula: Empl
oyee’s Basic Hourly Rate x Number of Benefit Hours (8 Hrs a Day x Number of Days) divided by 2080 Annual Hours.

Example:  At $20/Hr, with 80 vacation hours a year, the hourly rate would cal culate as follows:
$20 X 80 Hrs = $1,600 divided by 2,080 hours per year = $.77 Fringe Benefit Hourly Amount: $.77
Monthly Calculation: The monthly calculation factor 173.33 is based on 2080 hours per year divided by 12 months.

Formula: Mon
thly Benefit Plan Contribution divided by 173.33
Example: If employer pays $200/month for a medical benefit, the monthly hourly rate calculates as follows:

A monthly plan contribution of $200 divided by 173.33 = $1.15 Fringe Benefit hourly amount: $1.15

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders) Created on 8/23/2012
AUTHORIZATION FOR PAYROLL DEDUCTION(S)
PRIME CONTRACTOR  SUBCONTRACTOR
PROJECT NAME:  PROJECT CODE:

COMPANY – CONTRACTOR NAME:

EMPLOYEE NAME:  EMPLOYEE #:

MUST be completed and signed by the employee who has "OTHER/GARNISH" deduction(s) subtracted from his/her payroll.  Deduction  types  include:  Alimony,  Child  Support,  other  Court‐Ordered  Deductions  or  Garnishments, Uniforms, 401K, Loans, Advance Paybacks, or Insurance, etc. This form is to be submitted before the first Certified Payroll  reflecting  the  deduction(s).  ALL  “Other/Garnish”  deductions  must  be  accompanied  by  supporting documentation.

DEDUCTION TYPE:   EXPLANATION FOR DEDUCTION(S):  WEEKLY AMOUNT:

I, _______________________________ ,  HEREBY AUTHORIZE _______________________________________ (PRINT EMPLOYEE NAME)                                                                                                        (COMPANY ‐ CONTRACTOR NAME) TO  MAKE  THE  ABOVE  LISTED  DEDUCTION(S)  FROM  MY  PAYROLL  CHECK.  IT IS UNDERSTOOD THAT THESE DEDUCTIONS ARE IN THE INTEREST OF THE  EMPLOYEE AND NOT A CONDITION OF EMPLOYMENT, OR A DIRECT OR INDIRECT FINANCIAL  BENEFIT  ACCRUING TO THE EMPLOYER, AND  NOT OTHERWISE FORBIDDEN BY LAW.

EMPL
OYEE SIGNATURE     DATE

CONTRACTOR
SIGNATURE     DATE
EXHIBIT: G

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Attachment: Attachment A - Contract CDBG Hutton Center Patio Improvements (3647 : Contract Award - Metro Builders)

ITEM NO. 15

STAFF REPORT

DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH

MIKE'S CUSTOM FLOORING FOR THE COLTON POLICE

DEPARTMENT AND INFORMATION SYSTEMS DEPARTMENT
FLOORING PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve Change Order No. 1 with Mike’s Custom Flooring, Inc. for $19,882.74 for the Colton Police Department and Information Systems Department Flooring Project.

BACKGROUND

The existing floor at the Colton Police Department was installed over 20 years ago. Information Systems Carpet Squares were installed over 15 years ago. Flooring at both departments is in bad shape and poses a safety risk in some areas. The existing flooring is subject to heavy use by City employees and in need of replacement. Staff is recommending a vinyl laminate flooring system throughout the area that can handle the heavy use (foot traffic) and has a life span of 25 years.

ISSUES/ANALYSIS

In accordance with Colton Municipal Code (CMC) Section 3.08.100, a request for Notice Inviting Informal Bids was sent on December 29, 2021. A Mandat ory Pre-Bid Meeting and Job Walk was held on January 5, 2022 at 10:00 am. On January 26, 2022, three (3) bids were received from known flooring contractors in Southern California . On March 1, 2022 City Council awarded Mike’s Custom Flooring Inc. a contract for $59,237.57 to replace the flooring throughout the Colton Police Department and Information Systems Department. 15 Packet Pg. 619
Staff Report to the Mayor and City Council
Contract Amendment - Mike's Custom Flooring
June 7, 2022

On April 12, 2022 during the pre -construction meeting, the need was determined for moisture testing and mitigation work for the proper installation of the flooring. Mitigation work includes the use of a special adhesive to protect the new flooring from moisture. The Change Order includes testing, mitigation work and additional flooring installation in the Police Department Briefing Room.

In light of this, the contractor submitted Change Order No. 1 for $19,882.74 the breakdown is shown in exhibit “A” (Change Order No. 1). Change Order No. 1 reflects a 34% increase in the total contract amount , requiring City Council approval . Once Change Order No. 1 is approved, the total contract amount will be $79,120.31.

FISCAL IMPACTS

Sufficient appropriations for Change Order No. 1 are available in the FY2021-22 Building Maintenance Fund Capital Outlay Account No. 605-6150-6211-4950-0000-000.

ALTERNATIVES

1. Provide direction to staff.

ATTACHMENT

1. Attachment I-Change Order No. 1
15 Packet Pg. 620
DATE:

FROM: Ed C. Vasquez
TO:

INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:

These modifications are based upon site requirement for the mitigation due high levels of moisture I. INCREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1.00 LS 11,442.69$ = 11,442.69$
2 1.00 EA 938.40$ 938.40 $
3 1.00 LS 3,377.55$ 3,377.55 $
4 1.00 LS 3,020.50$ 3,020.50 $
5 1.00 LS 380.00$ 380.00 $
6 1.00 LS 570.00$ 570.00 $
7 1.00 LS 637.60$ 637.60 $
-$
-$
-$
-$
TOTAL = 20,366.74$
II. DECREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1.00 LS 484.00$ 484.00 $
SUB-TOTAL= 484.00$
TOTAL AMOUNT OF CHANGE ORDER #1 = 19,882.74$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 59,237.57$
CHANGE ORDER NO.1 = 19,882.74$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 79,120.31$

CITY OF COLTON
May 10, 2022
CONTRACT CHANGE ORDER NO. 1
The amount of the contract will be increased by the sum of$19,882.74(34% of the contract amount) and contract time shall be extended by0 calendar days. The undersigned Contractor approves the foregoing Change Order # 1as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

Moisture Epoxy Barrier (Dispatch and Reception Area 1,441SF) Colton PD and IS Flooring

PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
Mike's Custom Flooring Inc.
1351 Park Ave, Suite 102
Redlands CA 92373
DriTAc 5800 ToughBond Adhesive
Apply RH Adhesive all other areas (6,141 SF)
Installation of Briefing Room Flooring (963 SF)
Credit Back for VCT Demo
Brian A. Dickinson, Public Works/Utilitity Services Director DATE Michael Lujan, Mike's Custom Flooring DATE
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.

William R. Smith, City Manager DATE
Demo Executive offices flooring (95 SY)
Furnitire Moving and Cubicles (95 SY)
Additional 6" Rubber Base - Black (200 LF)
1 of 1

15.a
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Attachment: Attachment I-Change Order No. 1 (3638 : Contract Amendment - Mike's Custom Flooring)

ITEM NO. 16

STAFF REPORT

DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE M STREET LINE REPAIR EMERGENCY UPDATE AND CONTINUANCE OF EMERGENCY.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the continuance of Emergency under Colton Municipal Code Section 3.08.130(A) to make critical repairs to the Colton’s Transmission/Distribution system as soon as possible.

BACKGROUND

On January 12 th, 2022, at approximately 2:10 pm, the Century sub tripped offline due to the likely cause of either SCE 115 kV Transmission line arcing or a tree fire. This closed all circuits connected to the Century Substation, or the entire Southeast wing of the City. The nature of this outage created a major explosion and subsequent fire as well as a power line whiplash in the area of the outage. The result of these events caused major damage to Colt on’s interconnecting 66 kV line and pole infrastructure. The damage to this line spans across Transmission lines and critical distribution lines. Colton’s line crews do not have the capability to make the repairs to these higher voltage lines due to lack o f equipment needed and manpower. This repair work is critical to the safety and grid stability of the Century sub area.

As a result of this situation, Public Works and Utility Services staff is requesting Emergency repair work to be contracted through an internal competitive process (not formal or informal) and to be approved and performed as soon as possible.

ISSUES/ANALYSIS

16 Packet Pg. 622
Staff Report to the Mayor and City Council
Emergency Update - M Street Line Repair
June 7, 2022

Public Contract Code section 22050(a) authorizes the City to proceed with awarding a public works contract to perform emergency work without giving notice for bids upon adoption by the City Council by a four -fifths vote of a resolution finding that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency. Pursuant to Section 3.08.130 of the City’s Municipal Code and Public Contract Code section 22050(b), the City Council delegated authority to make an emergency determination and award a contract to perform emergency work to the City Manager.

The City Manager determined this work constituted an emergency that did not permit undergoing the formal competitive bidding process because this repair work is critical to the safety and grid stability of the Century sub area.

In order to mimic a co mpetitive process, staff sent the request to five qualified contractors and two responded. Diversified Utility Services, Inc. was selected as the least cost/best fit provider and final contracting has been completed. Diversified has ordered parts and deliv eries are pending at this time. The contract required a change order of $10,886.06 (bringing the total contract cost to $102,060.06) as a result of wire supply purchase requirements and City Council approved the change on May 3 rd, 2022. Diversified has beg un ordering parts and will provide updates as they receive them.

Now, pursuant to Colton Municipal Code Section 3.08.130(A) and Public Contract Code section 22050(b)(3), the City Manager must report to the City Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. In turn, pursuant to Public Contract Code section 22050(c)(2), the City Council must review the emergency action b y the City Manager and determine, by a four-fifths vote, there is a need the continue the action.

FISCAL IMPACTS

Sufficient appropriations for the approved total contract of $102,060.06 for the repairs on M - Street are available in the adopted FY2021 -22 B udget in Electric Fund Professional Services Account Number 520 -8004-2350-0923-000. The goal is to complete all work before summer if materials can arrive within 2-4 weeks after final contracting.

ALTERNATIVES

Provide alternative direction to Staff.
16 Packet Pg. 623

ITEM NO. 17

STAFF REPORT

DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE A CONTRACT FOR ENVIRONMENTAL SERVICES
WITH ECORP; A REIMBURSEMENT AGREEMENT WITH THE

APPLICANT, AND A BUDGET APPROPRIATION RESOLUTION
FOR A 4-STORY HOTEL PROJECT (DAP-001-741), RESOLUTION R- 66-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the City Manager to execute the at tached Contract for Professional Services Agreement (PSA) with E CORP in the amount of $66,00 0 to provide environmental services on behalf of the Anand Patel project for DAP -001-741, as per the terms of the PSA, including exhibits attached thereto.

2. Authorize the City Manager to approve Reimbursement Agreement with Anand Patel to fund environmental consulting and legal services, as needed, for processing entitlements for a 4- story hotel project (DAP-001-741).

3. Adopt Resolution No. R -66-22, amending the FY 2021-22 budget to increase Revenue Account No. 100 -6799-000 and increase appropriations in Expenditure Account No. 100 - 6300-6301-2357 by $ 75,900.00 for the purposes of funding environmental consulting services from ECORP and associated Administrative C harges for a 4-story hotel project (DAP-001-741).

BACKGROUND

On M arch 2, 2022, the City received Conditional Use Permit and Architectural and Site Plan Review applications to expand the existing “Welcome Inn” hotel located at 2042 West Valley 17 Packet Pg. 624
Staff Report to the Mayor and City Council
Contract Award & Reimbursement Agreement - ECORP / Anand Patel June 7, 2022

Blvd. with a four-story, 89 room hotel , including some extended stay units and a manager’s unit on a 1.04-acre site within the B -P (Business Park) of the HUB C ity Centre Specific Plan (HUBCCSP). The proposed hotel is a brand of Motel 6 called Studio 6.

As the “lead agency” for carrying out and approving the proposed project, the City of Colton is responsible for causing the environmental document to be prepared (CEQA Guidelines, Section 15367). Because the City is the public agency having jurisdiction by law over th e project, the environmental document becomes the City’s document to comply with CEQA. Staff, the environmental consultant and the Applicant have agreed to the scope of this proposal.

ISSUES/ANALYSIS

Staff is recommending that one of the City’s pre -qualified environmental consultants, ECORP, be selected to continue preparation of the Initial Study. All technical analyses associated with the Initial Study will be prepared directly by the consultant and subconsultants (Traffic/VMT). The consultant’s service s will be overseen directly by staff to ensure that content, quality, and timeframe commitments are met.

Staff is also requesting approval of a corresponding Reimbursement Agreement with the applicant to ensure funding of all consultant services, including legal services associated with the project.

The total cost for the environmental services to prepare the Initial Study is $66,000.00, plus a 15% administrative fee of $9,900.00. Along with this request, it is necessary to amend the FY 2021-22 budget to account for the revenue and expenditures for this contract.

FISCAL IMPACTS

Approval of Resolution No. R -66-22 is necessary to amend the FY 2021 -22 budget to increase revenue receipted pursuant to the reimbursement agreement and appropriations for the contracted services and associated administrative charges:

Increase appropriations in General Fund Planning Division Professional Services Account Number 100-6300-6301-2357-0000-000 by $75,900; and, Increase revenues in General Fund Developer Reimburs ement Account Number 100 - 6799-000 by $75,900.

The cost of the contracted services will be paid by the applicant through a deposit agreement.

City staff ensure s that funds are on deposit with the City prior to entering into the contract amendment for professional services. The cumulative amount of the amended contract, not including the administrative fees, is $75,900 ($66,000+$9,900).

ALTERNATIVES
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Staff Report to the Mayor and City Council
Contract Award & Reimbursement Agreement - ECORP / Anand Patel June 7, 2022

1. Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1 - Resolution-R-66-22

2. Attachment 2 - PSA_DAP-001-741

3. Attachment 3 - REIMBURSEMENT AGREEMENT_DAP-001-741
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28 RESOLUTION NO. R-66-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING THE FY2021-22 BUDGET TO FUND THE ENVIRONMENTAL SERVICES FOR THE 2042 W. VALLEY BLVD – FOUR-STORY HOTEL BUILDING PROJECT COST-

RECOVERY PLANNING APPLICATIONS

WHEREAS, ECORP, on behalf of Anand Patel , has submitted applications for a Conditional Use Permit and Architectural and Site Plan Review to allow a four-story, 89 room hotel with manager’s unit on 1.04 acres within the B -P (Business Park) of the HUB CCSP (APN: 0254-151-07, 08, & 09); and

WHEREAS, the applicants have agreed to fund in original contract with ECORP for environmental services, with 15% administrative charge, for total of $75,900.00 pursuant to a Reimbursement Agreement between the applicants and the City; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Colton does hereby find, determine and declare as follows:

SECTION 1. The Fiscal Year 2021-22 adopted budget is hereby amended to:
 Increase appropriations in General Fund Planning Division Professional Services Account Number 100-6300-6301-2357-0000-000 by $75,900.00; and,
 Increase revenues in General Fund Developer Reimbursement Acc ount Number 100 -6799-000 by $75,900.00.

PASSED, APPROVED, AND ADOPTED this 7th day of June, 2022.

____________________________________

FRANK NAVARRO
Mayor

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28 ATTEST:

___________________________
CAROLINA R. PADILLA
City Clerk

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23152.06000\30453088.2 Exhibit “C”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of June, 2022, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and ECORP, with its principal place of business at 3838 Camino Del Rio Nort h, Suite 370, San Diego , CA 92108 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Environmental Document Preparation services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional environmental consulting services for the development of a four-story hotel building located at 2042 W. Valley Blvd. ("Project") as set forth in this Agreement Terms.

2.3 Scope of Services and Term.

2.3.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

2.3.2 Term. The term of this Agreement shall be from June 7, 2022 to June 7, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months/ Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedul es and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

2.4 Responsibilities of Consultant.

2.4.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

2.4.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

2.4.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

2.4.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Brant Brechbiel, Vice President and Contracts Officer.

2.4.5 City's Representative. The City hereby designates David Alvarez, Senior Planner, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement.

The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any perso n other than the City Manager, City's Representative or his/her designee.

2.4.6 Consultant's Representative. Consultant hereby designates Brant Brechbiel, Vice President and Contracts Officer, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

2.4.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

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2.4.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled i n the professional calling necessary to perform the Services.

Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its emplo yees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure t o comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the saf ety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

2.4.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed w ithin the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

2.4.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

2.4.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements an d restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electr onic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify info rmation of newly hired employees, or by some other legally acceptable method.

Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal b usiness hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

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2.4.10.2 Employment Eligibility; Subcontractors, Consultants, Sub -subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreemen t to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

2.4.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly aut horized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause:
(1) failure of Consultant or its subcontractors, consultants, sub -subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

2.4.10.4 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, e mployee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

2.4.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their a pplication to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governm ental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

2.4.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regu lations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

2.4.11 Insurance.

Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Consultant shall, at its expens e, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit ; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction o f coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub- consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) (A) General Liability . The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, pa rts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributo ry basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured.

Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state t hat: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken ch ain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employer’s Liability Coverage . The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies i ncluding breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation . Al l insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, emplo yees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby

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3.2.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and vol unteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.11.7 Subconsultant Insurance Requirements . Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.10 Reporting of Claims . Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

2.4.12 Water Quality Management and Compliance.

2.4.12.1 Storm Water Management . Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

2.4.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in c ompliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and stor m water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq .); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

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2.4.12.3 Standard of Care . Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement.

Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

2.4.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s fa ilure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

2.5 Fees and Payments.

2.5.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed sixty-six thousand dollars ($66,000.00) without written approval of the City Council or City Manager as applicable. City Manager may authorize up to 5% increase in compensation for extra work. Extra Work, if authorized, will be compensated at the rates and manner set forth in this Agreement.

2.5.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

2.5.3 Reimbursement for Expenses . Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

2.5.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agree ment. Consultant shall not perform, nor be

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) compensated for, Extra Work without written authorization from the City.

2.5.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section

3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

2.6 Labor Code Requirements.

2.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applic able "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and ha rmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

2.6.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for co nstruction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and a ll subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance mo nitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City.

Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders i ssued by the Department of Industrial Relations against Consultant or any subconsultant.

2.6.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

2.7 Accounting Records.

2.7.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

2.8 General Provisions.

2.8.1 Termination of Agreement.

2.8.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

Consultant may not terminate this Agreement except for cause.

2.8.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement.

Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

2.8.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manne r as it may determine appropriate, services similar to those terminated.

2.8.2 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respect ive parties may provide in writing for this purpose:

Consultant: ECORP
3838 Camino Del Rio North, Suite 370
San Diego, CA 92108
Attn: Brant Brechbiel, Vice President and Contracts Officer

City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Mark Tomich, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable ad dress.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

2.8.3 Ownership of Materials and Confidentiality.

2.8.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

2.8.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

2.8.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and h old harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

2.8.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, of ficials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

2.8.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materi als shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services.

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

2.8.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written n otice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (incl uding attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify , defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

2.8.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

2.8.5 Indemnification.

2.8.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees a nd other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

2.8.5.2 If Consultant’s obligation to def end, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court o f competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

2.8.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

2.8.7 Governing Law; Government Code Claim Compliance. This Agreement shall be

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed condi tions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

2.8.8 Time of Essence . Time is of the essence for each and every provision of this Agreement.

2.8.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

2.8.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

2.8.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

2.8.12 Construction; References; Captions . Si nce the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augm ent, or describe the scope, content, or intent of this Agreement.

2.8.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

2.8.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom , estoppel, or otherwise.

2.8.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

2.8.16 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwi se unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

2.8.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultan t, to

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Int erest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no membe r, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

2.8.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

2.8.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

2.9 Subcontracting.

2.9.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, excep t as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel)

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF COLTON AND ECORP.

CITY OF COLTON ECORP

By: ____________________________ By: _________________________ Wiliam R. Smith Brant Brechbiel
City Manager Vice President & Contracts Officer

Attest:

____ By: _________________________
City Clerk Carolina R. Padilla
City Clerk

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) EXHIBIT "A"

SCOPE OF SERVICES

PROJECT UNDERSTANDING
The Proposed Project is located at 2042 W. Valley Boulevard, in the City of Colton on approximately 1.54 acres (67,087 square feet). The Project site is located within the City’s Colton Hub City Centre Specific Plan (CHCCSP). It is our understanding that the Project consists of the construction and operation of 37,571 square feet of commercial hotel space (89 guestrooms) within one four -story structure, reconfiguration of the surface parking area, and associated site improvements. The site is currently developed with an existing 40-room hotel that will continue to operate. The Project site is designated for Business Park uses per the City’s CHCCSP and is located in the General Commercial (C-2) zone. The Project requires an Architectural and Site Plan Review and Parcel Me rger to combine the vacant parcel (Assessor’s Parcel Number [APN] 025-4151-108) where the proposed hotel would be constructed with the parcel (APN 025 -415-109) currently developed with an existing hotel. This proposal presents ECORP’s proposed technical approach, schedule, and cost to complete the CEQA document and supporting technical studies.

Preliminary Project information provided by the Applicant and the City to be used in the analysis includes:

 Civil Engineering Plans (Conceptual Grading Plan, Storm Drain Plan, Utility Plan, Truck Turning Template for Fire Apparatus);
 Architectural Plans (Site Plan, Floor Plans, Elevations, Conceptual Landscape Plan); and  Preliminary geotechnical information.

In order to effectively analyze the impacts of the Proposed Project, ECORP recommends that the following technical analyses be completed for use in support of the Initial Study:

 Air Quality and Greenhouse Gas Emissions Analysis
 Cultural Resources Assessment
 Energy Consumption Analysis
 Noise Impact Analysis

ECORP has retained Translutions, Inc., a transportation planning and traffic engineering company, to provide traffic analysis services for this Project. The scope of services to be provided by Translutions, Inc. includes:

 Focused Traffic Analysis
 Optional Full Vehicle Miles Travelled (VMT) Impact Analysis

This scope of work assumes that a Mitigated Negative Declaration (MND) will be the appropriate environmental document. ECORP will prepare the Initial Study (IS) and MND for the Project.

SCOPE OF WORK

Task 1 – TECHNICAL ANALYSES

Task 1A – Air Quality and Greenhouse Gas Emissions Analysis For efficiency and to reduce costs, ECORP proposes to analyze potential air quality and greenhouse gas (GHG) emission-related impacts in the body of the Initial Study. The assessment will quantify short-term (i.e., construction) and long-term (i.e., operational) emissions generated by the Proposed Project using the

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) California Emissions Estimator Model version 2020.4.0 (CalEEMod) software. CalEEMod is a statewide land use emissions computer model designed to quantify pollutant emissions associated with operations from a variety of land use projects. Project criteria air pollutant and GHG emissions will be compared to the thresholds of significance promulgated by the South Coast Air Quality Management District (SCAQMD), including SCAQMD’s recommended Localized Significance Thresholds (LSTs). LSTs were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (I - 4). The LST methodology as sists lead agencies in analyzing localized impacts associated with Project - specific level proposed projects. In the case of the GHG analysis specifically, Project GHG emissions will be assessed against the SCAQMD numeric bright ‐line threshold of 3,000 metr ic tons of CO2e annually.

Project GHG emissions will also be compared to the City of Colton Climate Action Plan.

Task 1A Deliverables:

The results of the analysis will be incorporated into the IS/MND.

Task 1B – Cultural Resources Assessment
All cultural resources fieldwork and reporting will be carried out by or under supervision of a Registered Professional Archaeologist (RPA) who meets the Secretary of the Interior’s Professional Qualifications Standards for historic and prehistoric archaeology.

A reco rds search will be conducted at the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System (CHRIS) maintained by the California Office of Historic Preservation. The records search will identify the locati ons and extent of previous surveys conducted within one mile of the Project area and will determine if there are any known cultural resources (i.e., pre-contact [prehistoric] or historic archaeological sites or historic -period features) located within or near the Project area. The records search will identify resources listed on or determined eligible for listing on the National Register of Historic Places (NRHP) and/or the California Register of Historical Resources (CRHR) located within or near the Project area.

In addition, a search of the Sacred Lands File will be requested from the Native American Heritage Commission (NAHC). The search will identify any known sensitive or sacred Native American resources located within or near the Proposed Project. It should be noted that the Sacred Lands File search will not constitute consultation in compliance with Senate Bill (SB) 18 or Assembly Bill (AB) 52. SB 18 and AB 52 consultation are separate processes from cultural technical studies and are not included in this scope of work.

ECORP will complete a site visit for the 1.54 -acre Project area. A review of aerial photographs indicates that the entire Project area is either paved or includes an existing motel building. County assessor records obtained for the parcels indicates that the existing motel was constructed in 1985. ECORP will perform a field visit to verify that there are no older features or structures present that are potentially historic in age but are not on record with the County. The Project area will be examined for evidence of cultural resources, including pre-contact and historic-period (i.e., over 50 years of age) cultural deposits and features. If any resources are encountered, they must be recorded and mapped in detail in accordance with the standards of the California Office of Historic Preservation (OHP). For costing purposes, ECORP assumes that existing structures are confirmed to be modern in age and that no cultural resources will need to be recorded on the property.

This scope does not include preparing Department of Parks and Recreation 523 records or evaluating resources for the CRHR. If any of these services are needed, a separate scope and cost will be prepared based on the level of effort required.

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) A Cultural Resources Assessment w ill be prepared to document the methods and results of the records search, Sacred Lands File search, and field visit. The report will include a brief summary of the environmental setting and cultural background of the Project area and will describe any cultural resources within the Project area in detail. Because the natural ground surface cannot be examined, the assessment will draw heavily from records search information and data on soils and geology for the immediate area.

Should any data gaps be identif ied that warrant additional out -of-scope effort, ECORP will discuss the options with the client before finalizing the report and before preparing a contract amendment. All correspondence with the NAHC will be provided as an attachment to the report. ECORP will respond to one round of consolidated, non-conflicting comments on the cultural report.

NOTE: ECORP was recently notified by several Information Centers of the California Historical Resources Information System of expected delays in processing or scheduling records search requests as a result of the COVID -19 pandemic and the effect it is having on staffing levels and Information Center closures. As a result, the schedule of completion of work under this task may be affected. ECORP will keep the Client apprised of any schedule implications as they become known, but will not be held responsible for delays to the project as a result of Information Center closures or delays.

Task 1B Deliverables:
 A Cultural Resources Assessment submitted electronically for review.

Task 1C – Energy Consumption Analysis
To better integrate the energy analysis with the rest of CEQA, the Governor’s Office of Planning Research (OPR) has added relevant questions regarding potential energy impacts to the sample environmental checklist in Appendix G. ECORP proposes to analyze Project energy consumption in the body of the Initial Study, where potential impacts related to Project energy consumption will be assessed against OPR’s proposed standards of significance; i.e., whether the P roject result in the wasteful, inefficient, or unnecessary consumption of energy, or wasteful use of energy resources; and, whether the Project would conflict with an applicable plan for renewable energy or energy efficiency. There are no established thresholds of significance, statewide or locally, for what constitutes a wasteful, inefficient, and unnecessary consumption of energy. Therefore, for the purposes of this analysis, the amount of energy necessary consumed by the Project, including Project construction and operation, will be quantified and compared to that consumed in San Bernardino County as a whole.

Task 1C Deliverables:
 The results of the analysis will be incorporated into the IS/MND.

Task 1D – Noise Impact Analysis
ECORP will evaluate potential noise impacts from construction and operations of the Project. The analysis in the Initial Study will be supported by modeling documentation included as an attachment to the Initial Study.

The applicable noise for the Project area will be reviewed and noise standards (the City of Colton General Plan Noise Element and Section 18.42.050 of the Municipal Code) regulating noise impacts will be discussed for the Project site as well as land uses adjacent to, and nearby, the Project site. The predominate source of noise in the Project area is traffic on Interstate 10. Since there are no sensitive noise receptors in the vicinity, baseline noise will be calculated with the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108) coupled with traffic counts provided by Caltrans.

Construction would occur during implementation of the Proposed Project. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used. The construction noise impacts will be evaluated in terms of hourly equivalent continuous noise levels (Leq). The analysis will rely on the

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) Federal Transit Administration Roadway Construction Noise Model and predicted construction noise levels will be compared to the thresholds of the National Institute for Occupational Safety and Health (NIOSH).

In addition to construction noise, an analysis of vibration impacts will be based on the California Department of Transportation’s 2020 vibration analysis guidance.

Traffic generated by the Project would result in offsite noise. Potential noise impacts from vehicular traffic will be assessed qualitatively as a doubling of traffic is necessary in order to result in a perceptible noise increase. Noise generated by Project operations (i.e., parking lot noise and mec hanical equipment noise) will be addressed qualitatively.

Task 1D Deliverables:
 The results of the analysis will be incorporated into the IS/MND.

Task 1E – Traffic Impact Analysis and Vehicle Miles Traveled Screening Analysis (Translutions, Inc.)
The analysis will include a Screening Analysis for Vehicle Miles Traveled (VMT) and will address existing traffic conditions and Project access. A full VMT analysis may be required if the Project does not screen out using the City’s Screening tools. Optional T ask 1F provides the scope of services for a full VMT analysis.

Traffic conditions will be examined for the a.m. and p.m. peak hours under the following analysis scenarios:

 Existing Conditions; and
 Existing Plus Project Conditions.

It is anticipated that the analysis will be conducted at the intersection of Wildrose Avenue and Valley Boulevard and the Project driveway. Specific tasks to be performed during the preparation of the focused traffic analysis are as follows:

Task 1.E.1: Coordination with City Staff
Translutions will consult with the City’s Public Works Department to achieve the following:

 Confirmation of the appropriate study area and analysis intersections.  Confirmation of the appropriate analysis scenarios to be included in the traffic analysis.  Verification of the acceptability of traffic analysis methodologies and assumptions and trip distribution patterns, prior to completing the study.

Task 1.E.2: Data Collection
Translutions will collect existing intersection turn volumes for the a.m. and p.m. peak periods for the study area intersections. For purposes of this scope and budget estimate, it is anticipated that up to two intersections will be counted within the Project study area.

Task 1.E.3: Project Trip Characteristics
Peak hour trip ge neration for the proposed project will be developed using trip rates from Institute of Transportation Engineers Trip Generation Manual (10th Edition) . Trip distribution patterns for the Proposed Project will be developed to reflect local travel patterns in the Project vicinity and based on discussion with City staff.

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) Task 1.E.4: Existing and Existing with Project Traffic Conditions Existing, and existing with Project traffic volumes will be developed for the Project driveway by adding Project traffic assignments to the existing without Project traffic conditions. Intersection levels of service will be calculated using the Highway Capacity Manual (HCM) analysis methodologies. For purposes of this analysis, Synchro 11 software, which uses the HCM 6th Edition methodologies, will be used.

Task 1.E.5: Vehicle Miles Traveled (VMT) Screening Analysis The City of Colton has approved the City of Colton VMT Guidelines (June 2, 2020). These guidelines include a CEQA assessment for VMT analyses and list the VMT thresholds, screening tools, and methodologies. An evaluation of Project size, Project type, and Project location will be conducted to identify daily trip generation, identify if the Project would be considered locally serving, and evaluate if the Project location is either part of a High -Quality Transit Area or in a low VMT generating area. Based on the City’s Guidelines and our review of the Project area, the project will likely screen out from the requirements of a full VMT analysis using the High-Quality Transit Area Screening Tool.

Task 1.E.6: Draft Study Preparation and Submittal
Translutions will prepare a draft focused analysis repo rt documenting the analysis procedures, existing conditions, traffic queues, recommended improvements and VMT screening. The draft analysis will be submitted for review to the client. Upon completion of the Client’s review, the study will be submitted to the City.

Task 1.E.7: Analysis Revisions and Final Study
Upon completion of the City’s review of the analysis, Translutions will coordinate with City staff to respond to any comments on the study. Translutions will then revise the analysis for submittal for final review and approval.

Task 1.E.8: Meetings/Public Hearings
It is not anticipated that representatives of Translutions will be required to attend public meetings for this Project.

Task 1E Deliverables:
 A Focused Traffic Impact Analysis will be prepared to document the results of the VMT screening analysis will be submitted electronically for review.

Task 1F – Optional Full Vehicle Miles Traveled Impact Analysis (Translutions, Inc.)

Optional Task 1.F.1: Model Runs
If a full VMT analysis is required by the City, Translutions will modify the San Bernardino Transportation Analysis Model (SBTAM) to include the Project socio-economic data. The model will also be modified so that the Project forms a discrete traffic analysis zone (TAZ). Select Zone model runs will be conducted to identify project trip assignment which will be used to calculate Project VMT. This task will be conducted using the base year as well as future year models. It is not anticipated that significant network edits will be required as part of this task.

Task 1.F.2: VMT Calculation
Based on the requirements, VMT for the following scenarios will be calculated:
 Base Year without Project
 Base Year with Project
 Base Year Project VMT
 Future Year without Project

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 Future Year Project VMT

The Project’s analysis of resulting VMT rate will be evaluated and compared against the City’s thresholds.

Task 1.F.3: Mitigation Measures (if Required)
If the Project is anticipated to have impacts under VMT, mitigation measures will be identified. VMT reductions as mitigations (if required) for the Project will be calculated by applying either factors

Task 1F Deliverables:
 A full VMT Analysis Report will be submitted electronically for review.

TASK 2: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

Task 2A – Administrative Draft IS/MND and Project Description Using the Project-specific information provided by the Client (e.g., site plan, landscape plan, drainage plan, utilities plan), technical reports prepared for the Project a s described above, and other reference material (e.g., literature reviews and records searches), ECORP will complete the CEQA Initial Study (IS) checklist using the City-approved format. ECORP will prepare a description of the Project including the location of the Project area (including a Project map), a brief description of the environmental setting; an identification of environmental effects using the above-referenced checklist format, a brief substantiation of the checklist entries, and a list of refere nces and preparers. ECORP will provide mitigation measures (if required) that can be developed using existing data. A site visit by an Environmental Planner will be conducted. The site- specific analyses prepared for the Project (described above) will ident ify the potential for significant impacts and will identify mitigation measures.

ECORP has assumed that the City will conduct AB 52 Native American consultation and will provide the results of that consultation to ECORP for inclusion in the IS/MND. Should the City require assistance with AB 52 consultation, ECORP can provide that service for a separate scope and fee.

The Administrative Draft IS/MND will include the Project description, Project location, identification of the Project proponent, a list of t he mitigation measures, and the proposed finding of no significant effect.

After review and receipt of comments from the Client, a revised Administrative Draft IS/MND will be prepared for submittal to the City. We have assumed one round of review with the City. After receipt of one (1) set of integrated comments on the Administrative Draft IS/MND from the City, ECORP will revise the Administrative Draft IS/MND accordingly.

Task 2A Deliverables:
 An electronic copy of the Project Description
 An electronic copy of the Administrative Draft IS/MND will be submitted to the City via email for review and comment.

Task 2B – Prepare Draft IS/MND
After receipt of one (1) set of integrated comments on the Administrative Draft IS/MND from the City, we will revise the IS/MND accordingly. ECORP will provide five (5) bound copies and one (1) electronic copy of the environmental document to the City for internal use. ECORP will prepare the necessary Summary Form for Electronic Document Submittal for electronic submittal to the State Clearinghouse. We have assumed that the mailing list will be provided by the City and/or Applicant. ECORP will prepare up to twenty (20) copies (on compact disc or flash drive) of the document and provide them to the City for

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Attachment: Attachment 2 - PSA_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP / Anand Patel) distribution to addr essees on the mailing list. ECORP will prepare the following notices as required by CEQA:

 Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration  Notice of Completion (State Clearinghouse Cover)

It is assumed that one copy of each of these notices will be filed with the San Bernardino County Clerk and the State Clearinghouse, as appropriate, by the City. One electronic copy of each notice will be provided to the City. The NOI is required by CEQA to be either posted on -site, mailed to the surround ing property owners, or published in a newspaper of general circulation. It has been assumed that the City will arrange for the NOI to be published in a newspaper of general circulation. Document distribution, filing with the County Clerk and State Clearinghouse, and publishing of the notices in a newspaper of general circulation is assumed to be done by the City; however, ECORP can provide these services as an optional task for an additional fee.

Task 2B Deliverables:
 Five (5) bound copies and one (1) electronic copy of the Draft IS/MND for City use  Twenty (20) copies of the Draft IS/MND to mailing list (on compact disc or flash drive)  One Summary Form for Electronic Document Submittal for uploading to the State Clearinghouse  Notice of Intent and Notice of Completion

Task 2C – Final IS/MND and MMRP
The Lead Agency (City) must consider any comments received on the MND when making a decision on the Proposed Project. For costing purposes, we have assumed that ten (10) comment letters containing three (3) comments each will be received (or a total of 30 comments). ECORP will collate all public comments and comment letters regarding the IS/MND and prepare written responses to comments for inclusion in the Final IS/MND. It is assumed that the City staff will receive all public and agency comments and will forward to ECORP as soon as possible after receipt.

The Final IS/MND will include responses to comments received on the Draft IS/MND, any changes to the Draft IS/MND, and the Mitigation Monitoring and Report ing Program (MMRP, if required), prepared in accordance with CEQA Guidelines Section 15097. ECORP will prepare the MMRP in table format, with input from the City. An Administrative Final IS/MND and MMRP will be prepared, and after review by the City, the Final IS/MND and MMRP will be provided.

ECORP will prepare the following notice as required by CEQA:

 Notice of Determination (NOD)

It is assumed that a copy of the NOD will be filed with the San Bernardino County Clerk and the State Clearinghouse, as appropriate, within five business days of adoption the MND by the City. An electronic copy of the NOD will be provided to the City. It has been assumed that the Applicant will pay any fees associated with this notice.

Task 2C Deliverables:
 Electronic submittal of the Administrative Final IS/MND and MMRP  Five (5) bound hardcopies with and one (1) electronic copy of the Final IS/MND for City use  Notice of Determination (NOD)

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23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "B"

SCHEDULE OF SERVICES

MITIGATED NEGATIVE DECLARATION SCHEDULE

The schedule we propose will provide for completion of the technical studies and a Draft Initial Study/MND within 28 weeks of receiving a Contract and all Applicant-provided plans and reports.

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23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "C"

COMPENSATION
ECORP total estimated costs for the work described herein is One Hundred Sixty-Six Thousand Dollars ($66,000.00). The estimated cost is detailed by task on the spreadsheet below.

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CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

DEVELOPMENT OF VACANT PARCEL FOR A NEW FOUR-STORY HOTEL BUILDING AND SITE IMPROVEMENTS LOCATED AT 2042 W. VALLEY BLVD

1. PARTIES AND DATE.

This Reimbursement Agreement ("Agreement") is made this _____day of June, 2022, by and between the City of Colton, a California municipal corporation ("City"), and Anand Patel, with its principal place of business at 2042 W. Valley Blvd , Colton , California 92324 (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1. Property. The owner, Anand Patel, of that certain real property located within the City of Colton, County of San Bernardino, California, and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).

2.2 Project. The Applicant is contemplating the development of the Property as described in Exhibit “ B” attached hereto and incorporated he rein by reference (“Project”) . The Applicant has submitted an application for discretionary land use approvals for the Project, including those listed in Exhibit “C” attached hereto and incorporated herein by reference, as well as all related environmenta l review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.

2.3 Consultants. To provide the City with the needed expertise and information necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").

2.4 Reimbursement. As a condition to the City's completion of the Project review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out -of-pocket expenses incurred by the City, in the manner and amounts set forth in thi s Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.

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3. TERMS.

3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.

3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsultants) those Consultants listed in Exhibit “D” attached he reto and incorporated herein by reference, but shall have the right to retain any additional consultants or sub-consultants pursuant to this Agreement. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.

The Applicant agrees th at, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the A pplicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.

3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privil eged, proprietary, confidential, and exempt from disclosure under the Public Records Act.

3.4 Applicant's Reimbursement of Costs and Expenditures . The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated with the Project, other out-of-pocket expenses incurred by the City ("Costs"). The City has preliminarily reviewed the scope(s) of work required and has estimated the aggregate Costs for all Consultants one hundred sixty-six thousand dollars ($66,000), plus an additional administrative fee of 15% nine thousand nine hundred dollars ($9,900.00) ("Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit in the amount of $66,000 and separate check in the amount of $9,900.00 to cover the initial Estimated Costs, which amount the City shall separately account for in a Project deposit account ("Deposit Account").

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As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account drops below ($5,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Ten Thousand Dollars ($10,000), or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.

City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").

The City shall use reasonable good faith efforts to consult with the Applicant prior to amending any scope of services to be provided by the C onsultants and incurring Excess Costs. The Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to the commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replenishin g the Deposit Account.

For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.

The City shall maintain accurate records of invoices received from, and payments made to, the Cons ultants resulting from the Project, and will provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Cons ultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.

3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the Parties, and shall terminate when all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of it s obligations under this Agreement . For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its

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obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.

3.6 Early Termination.

3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior writt en notice to the Applicant in the event that Applicant either: (1) fails to satisfy any obligation of this Agreement; or (2) fails to reasonably prosecute its application(s) for the Project.

3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 3. 5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contin gent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination.

3.6.3 Notice to Consultants . Within two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination.

3.7 Assignability. This Agreement may not be assigne d by either Party without the prior and express written consent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.

3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.

All modifications to this Agreement must be approved by the City Council.

3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.

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3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City ’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsib le and reimburse the City for whatever legal fees and expert or other costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.

This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such third party action or proceeding . Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides n ot to continue the defense of such third party action or proceeding, Applicant shall be obligated to reimburse City for any and all costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third party action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and expert or other costs.

3.11 Attorneys' Fees. In the event that any action or proceeding, including ar bitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from th e other, in addition to all other legal and equitable remedies avail able to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.

3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Bernardino , California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.

3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreemen t and the remainder of the Agreement may be enforced in its entirety.

3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.

3.15 Representations of Authority . Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all

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necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.

3.16 Notices. Notices required under this Agreement shall be sent to the following:

City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Mark Tomich, Development Services Director

Applicant: Attn: Anand Patel
2042 W. Valley Blvd
Colton, CA 92324

Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) i f sent by facsimile, upon transmission and actual receipt by the receiving Party; (3) if by express courier service or hand delivery , on the date of receipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate.

[SIGNATURES ON NEXT TWO PAGES]

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CITY’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

DEVELOPMENT OF VACANT PARCEL FOR A NEW FOUR-STORY HOTEL BUILDING AND SITE IMPROVEMENTS LOCATED AT 2042 W. VALLEY BLVD

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest:

_________________________
Carolina R. Padilla
City Clerk

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APPLICANT’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

DEVELOPMENT OF VACANT PARCEL FOR A NEW FOUR-STORY HOTEL BUILDING AND SITE IMPROVEMENTS LOCATED AT 2042 W. VALLEY BLVD

ANAND PATEL

By: _________________________
Signature

_________________________
Name: Anand Patel

_________________________
Title: Property Owner

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EXHIBIT "A"

LEGAL DESCRIPTION OF THE PROPERTY

Assessor’s Parcel Number - 0254-151-07, 08 and 09

In the City of Colton, County of San Bernardino State of California, Lot 6 and portion of Lot 5 in the City of Colton, County of San Bernardino 54 of Maps, in the office of said County.

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EXHIBIT "B"

PROJECT DESCRIPTION

Conditional Use Permit and Architectural and Site Plan Review to allow a four-story, 89 room hotel with manager’s unit on 1.04 acres within the B -P (Business Park) of the HUB CCSP (ANP’s: 0254-151-08 and 0254-151-09).

The environmental review includes the preparation of an Initial Study that will provide for future development of the proposed project.

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EXHIBIT "C"

PERMITS AND OTHER APPROVALS

- Conditional Use Permit and Architectural and Site Plan Review - Lot Merger or Tentative Parcel Map (if dedication required) - Initial Study/Anticipated Mitigated Negative Declaration

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EXHIBIT "D"

CONSULTANTS

BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.

ECORP
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $66,000, without prior approval by each party.

OTHER CONSULTANTS
Any and all other consultants , including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).

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Attachment: Attachment 3 - REIMBURSEMENT AGREEMENT_DAP-001-741 (3653 : Contract Award & Reimbursement Agreement - ECORP /

ITEM NO. 18

STAFF REPORT

DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE CONTRACT FOR ENVIRONMENTAL SERVICES WITH

KIMLEY-HORN FOR THE ASHLEY FURNITURE PROJECT,

REIMBURSEMENT AGREEMENT WITH APPLICANT, AND ADOPT
BUDGET APPROPRIATION, RESOLUTION R-68-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the City Manager to execute the attached Professiona l Services Agreement (PSA) with Kimley-Horn in the amount of $126,75 0 to provide environmental services on behalf of the Ashley Furniture project for DAP -001-745 and DAP -001-746, as per the terms of the PSA, including exhibits attached thereto.

2. Approve Reimbursement Agreement with Ashley Furniture to fund environmental consulting and associated legal services as needed, for processing entitlements for the Ashley Furniture project (DAP-001-745 and DAP-001-746).

3. Adopt Resolution No. R -68-22, amending the FY 2021-22 budget to increase Revenue Account No. 100 -6799-000 and increase appropriations in Expenditure Accoun t No. 100 - 6300-6301-2357 by $1 45,762.50 for the purposes of funding environmental consulting services with Kimley-Horn and associated Admini strative Charges for the Ashley Furniture Project (DAP-001-745 and DAP-001-746).

BACKGROUND

On March 17, 2022, the City received an application for Architectural and Site Plan Review for a 40,000 sf addition to an existing furniture store, lot line adjus tment, landscape improvements, and site improvements (DAP-001-745) on a 3.71 acre parcel within the C-2 (General 18 Packet Pg. 665
Staff Report to the Mayor and City Council
Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture June 7, 2022