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shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by DEVELOPER.
15. Other Agreements. Nothing contained in this Agreement shall preclude IWA from expending monies pursuant to Agreements concurrently or previously executed between the parties, or from entering into Agreements with other DEVELOPERs for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the IWA ordinance providing therefore, nor shall anything in this Agreement commit IWA of any such apportionment.
16. DEVELOPER’S OBLIGATION TO WARN PUBLIC DURING CONSTRUCTION.
Until final acceptance of the Improvements, DEVELOPER shall give good and adequate warning to the public of every dangerous condition existent in said improvements and will take all reasonable actions to protect the public from such dangerous condition.
17. Vesting of Ownership. DEVELOPER shall promptly dedicate or grant to IWA, without charge, all rights, rights-of-way or other property interests necessary to IWAs ownership and control of the Improvements to be constructed pursuant to this Agreement, which are on property owned or controlled by DEVELOPER. Upon acceptance of the work on behalf of IWA and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in IWA. DEVELOPER shall execute any documents to effectuate this provision.
18. Final Acceptance of Work. Acceptance of the work on behalf of IWA shall be made by the IWA Board upon recommendation of the IWA Engineer after final completion and inspection of all improvements. The IWA Board shall act upon the Engineer’s recommendation within thirty (30) days from the date the IWA Engineer certifies that the work has been finally completed, as provided herein, or at such other time deemed reasonable. Such acceptance shall not constitute a waiver of defects by IWA. At the final acceptance of the work the DEVELOPER shall provide IWA with a final cost statement which will be used for final payment of the offsite facilities.
The DEVELOPER shall be reimbursed an amount not to exceed $292,330, which reimbursement shall be paid to DEVELOPER after DEVELOPER submits all back -up documentation, including evidence of certified payrolls to the satisfaction of the IWA Engineer. Such reimbursement shall be paid within thirty (30) days of the determination of the satisfaction of the IWA Engineer.
19. Indemnity/Hold Harmless. IWA or any officer or employee thereof shall not be liable for injury to persons or property caused by reason of the acts or omissions of DEVELOPER, its agents or employees in the performance of this Agreement. DEVELOPER agrees to defend, indemnify and hold harmless IWA, its officials and employees from any and all
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claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of DEVELOPER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the I mprovements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or c onstruction of said SUBDIVISION, and the Improvements as provided herein, and in addition, to adjacent property owners because of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by the IWA of the Improvements shall not constitute an assumption by the IWA of any responsibility for the design or construction of the SUBDIVISION or the Improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by the IWA in approving the plans, unless the particular improvement design was specifically required by IWA over written objection by DEVELOPER submitted to the IWA Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Improvements, the DEVELOPER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however DEVELOPER shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for two years following the acceptance by the IWA of Improvements. It is the intent of this action that DEVELOPER shall be responsible for all liability for design and construction of the Improvements installed, or work done pursuant to this Agreement and that IWA shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement of security shall not be required to cover the provisions of this paragraph.
20. Sale or Disposition of Project . Sale or other disposition of this property will not relieve DEVELOPER from the obligations set forth herein. If DEVELOPER sells the property or any portion of the property within the PROJECT to any other person, the DEVELOPER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the DEVELOPER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the DEVELOPER of the obligations under this Agreement for the work or improvement done by DEVELOPER.
21. Time of the Essence. Time is of the essence of this Agreement.
22. Time for Completion of Work/Time Extension. DEVELOPER shall complete construction of the improvements required by this Agreement in accordance with the schedule of performance attached as Exhibit C hereto and incorporated herein (“Schedule of Performance”). The IWA, in their sole discretion, may authorize acceptance of individual Improvements to accommodate phasing of PROJECT development; provided, however, that production, storage and transmission needs must be complete and adequate for each
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phase of PROJECT development before they are considered for acceptance. In no instance will water service be provided by IWA to the PROJECT, or any part or phase thereof, without corresponding sewer service. IWA will not approve or accept any on -site improvement, or permit any connection to the Improvements, until all related improvements have been completed and accepted by IWA. In the event a good cause exists as determined by the IWA Engineer, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the IWA Engineer. Any such extension may be granted without notice to DEVELOPER’S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The IWA Engineer shall be the sole and final judge as to whether good cause has been shown to entitle DEVELOPER to an extension. Delay, other than delay in th e commencement of work, resulting from an act of IWA, or ‘by an act of God’, which DEVELOPER, could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by DEVELOPER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the IWA Engineer may require DEVELOPER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as ne cessary to compensate for any increase in construction costs as determined by the IWA Engineer.
23. Legal Responsibilities. The DEVELOPER shall keep itself informed of all local, State and Federal Laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The DEVELOPER shall at all times observe and comply with all such laws and regulations.
The IWA, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the DEVELOPER to comply with this section.
24. No Vesting of Rights . Performance by DEVELOPER of this Agreement shall not be construed to vest DEVELOPER’S rights with respect to any change in any capacity or service fee or regulation of IWA.
25. Non-disturbance of Maps and Obligations . This Agreement does not rescind, replace, or otherwise affect any obligation that the DEVELOPER may have under any map recorded pursuant to the Subdivision Laws to complete the design and construction of any improvements, nor does it alter any obligation to the DEVELOPER may have under any such map to dedicate or otherwise transfer any real property or improvements to IWA or to any other public entity. Performance by DEVELOPER of this Agreement shall not be construed to vest DEVELOPER’S rights with respe ct to any change in any capacity or service fee or regulation of IWA.
26. Assignment. This Agreement may not be assigned by DEVELOPER in whole or in part without the prior written consent of the IWA. If assigned by DEVELOPER pursuant hereto, this Agreement shall apply to, bind, and inure to the benefit of the Parties and their respective successors and assigns.
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27. Non-Liability of Officials and Employees of IWA . No official, representative, agent, attorney, consultant or employee of IWA shall personally be liable to the DEVELOPER in the event of any default by IWA under the terms of this Agreement.
28. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed a s follows unless a written change of address is filed with the IWA:
Notice to IWA:
___________________
Indio Water Authority
83-101 Avenue 45
Indio, California 92201
Notice to
DEVELOPER:
SST Real Estate LLC
46-E Peninsula Center Dr. #489 ____________________
Rolling Hills Estates, CA 90274 ____________________
______________________________________________
29. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.
30. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
31. Litigation or Arbitration . If suit, or arbitration is brough t to enforce the terms of this Agreement, each party is responsible for their own legal fees.
32. Governing Law; Venue . This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California, with venue in Riverside County Superior Court.
33. Amendment. This Agreement may be amended or modified only by a written instrument approved and signed by the Parties.
34. No Third-Party Beneficiaries. No person or entity shall be deemed to be a third-party beneficiary hereof and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than IWA and the DEVELOPER, any rights, remedies, obligations, or liabilities under or by reason of this Agreement.
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35. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, and the intent, rights and obligations of the Parties hereunder remain intact without substantial change, the remainder of the Agreement shall remain in ful l force and effect unless amended or modified by the mutual consent of the parties.
36. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement.
37. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the IWA, the appropriate party shall be the IWA Manager.
38. Claims. Any claim by DEVELOPER against IWA hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the IWA shall be waived if not made within six (6) months after accrual of the cause of action.
39. Interpretation. DEVELOPER acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
40. Authority. IWA warrants and represents that upon Authority approval, the President of the IWA is duly authorized to enter into and execute this Agreement on behalf of IWA.
The party signing on behalf of DEVELOPER warrants and represents that they are duly authorized to enter into and execute this Agreement on behalf of DEVELOPER and shall be personally liable to IWA if they are not duly authorized to enter into and execute this Agreement on behalf of DEVELOPER.
[Signatures continued next page]
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IN WITNESS WHEREOF, this Agreement is executed by IWA, by and through its President.
DEVELOPER INDIO WATER AUTHORITY
Name of Organization President of Indio Water Authority
Type of Organization
ATTEST:
Secretary
Notarized Signature APPROVED AS TO FORM
Print Name
General Counsel
Title
Notarized Signature
Print Name
Title
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EXHIBIT A
LEGAL DESCRIPTION
The real property in the City of Indio, County of Riverside, State of California, described as: Lot 18, 19 and 20 in block 4 of Gillette Park as shown on file in Book 14, Page 59 of Maps, records of Riverside County, California.
Also Known as 45733 Oasis Street, Indio, CA 92201
APN: 611-193-016, 611-193-017 and 611-193-018.
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EXHIBIT B
SCOPE OF WORK FOR IMPROVEMENTS
Install Offsite water improvements per approved plans for the blue Sapphire apartments dated 11/21/2023.
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EXHIBIT C
SCHEDULE OF PERFORMANCE
Start Approximately March 28, 2024
Completion: May 31, 2024
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Engineer’s Opinion of Probable Cost
WATER IMPROVEMENTS
Project Name: ________________________________________________ ________________________________________________
Tract No.: ________________________________________________ Project Address: ________________________________________________ Date: ________________________________________________
WATER IMPROVEMENTS
Prepared By: ________________________________________________ (Include seal) Address: ________________________________________________ ________________________________________________
DESCRIPTION UNIT QUANTITY
UNIT COST
(LABOR &
EQUIPMENT)
TOTAL
COST
Including the following:
Mobilization & Demobilization L.S. 1 $5,000 $5,000
Construction Staking L.S. 1 $10,000 $10,000
Traffic Control L.S. 1 $8,000 $8,000
NPDES - BMP's L.S. 1 $2,000 $2,000
Trench, Backfill, Compaction and Paving L.S. 1 $60,000 $60,000 Remove Blind Flange and connect to IWA existing 12-inch water main L.S. 1 $4,000 $4,000 Install 12" D.I.P. CL-350 Water Main per IWA standards L.F. 290 $330 $95,700 Install 6" Wet Barrel Fire Hydrant Assembly w/Blue Marker per IWA standards EA. 1 $22,000 $22,000 Pressure Test and Chlorinate per IWA standards L.S. 1 $5,000 $5,000 Raise valves to grade L.S. 1 $2,500 $2,500
Prevailing Wage Costs L.S. 1 $40,000 $40,000
List Other Items as Applicable
Total of Water Improvements: $254,200
Contingency:
(15% of Total Water Improvements)
Total Estimate: $292,330
$38,130.00
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Indio Water Authority Board
May 15, 2024
STAFF REPORT
To: Indio Water Authority Board
From: Bryan Montgomery, Executive Director
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Approval of DIF and SWSF Deferral Agreement with SST Real Estate, LLC for the Blu Sapphire Apartments for a total amount of $86,142.20
RECOMMENDATION:
That the Indio Water Authority Board approve a Development Impact Fee (DIF) and Supplemental Water Supply Fee (SWSF) Deferral Agreement with SST Real Estate, LLC for the Blu Sapphire Apartments for a total amount of $86,142.20, and provide authorization for the Indio Water Authority Board President to execute and the Secretary to attest the Deferral Agreement.
SUMMARY:
On January 17, 2024, the Indio Water Authority Board adopted Resolution No. 10413. The resolution adopted the DIF and SWSF Deferral Program (Deferral Program) for commercial, industrial, and multi-family residential development. SST Real Estate, LLC submitted a Deferral Program application for a total amount of $86,142.20 for the Blu Sapphire Apartments. The Blu Sapphire Apartments is a 30-unit multifamily development that will be located at 45733 Oasis Street, Indio CA 92201 in downtown Indio.
BACKGROUND INFORMATION:
The IWA Development Impact Fee and Supplemental Water Supply Fee Deferral Program (Deferral Program) for the City of Indio aims to spur economic growth and job creation by deferring development impact fees for commercial, industrial, and multi-family housing projects. SST Real Estate, LLC submitted a Deferral Program application for the Blu Sapphire Apartments at the time of the IWA meter application submittal. The total DIF amount is equivalent to $82,666 and the total SWSF is equivalent to $3,476.20 for a total amount of $86,142.20. The Blu Sapphire Apartments is a 30-unit multifamily development that will be located at 45733 Oasis Street, Indio CA 92201 in downtown Indio.
According to Resolution No. 10413, housing unit projects must have a minimum of 14 units per acre to be eligible for the Deferral Program. The Blu Sapphire Apartments will be a 30-unit multifamily development within half of an acre and therefore qualifies for the Deferral Program.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General $0 Budget adjustment: N/A
AGENDA ITEM #6.7
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Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: N/A Fund-Org-Object
Reference:
Additional Financial Details:
There is no direct impact on the budget as approval for the Deferral Agreement with SST Real Estate, LLC will only defer payment of impact fees for 3 years and does not waive fees.
ATTACHMENTS:
Attachment 1 - Deferral Agreement Signed and Notarized
APPROVAL(S):
Reymundo Trejo, P.E., IWA General Manager Approved - 01 May 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 01 May 2024 Ruby D. Walla, Director of Finance Approved - 03 May 2024 Bryan H. Montgomery, City Manager Approved - 03 May 2024
DIF and SWSF Deferral Agreement with SST Real Estate, LLC for the Blu Sa... Page 148 of 262 RECORDINGREQUESTEDBY:INDIOW ATERAUTHORITYWHENRECORDEDRETURNTO:CITYOFINDIOCITYCLERK100CIVICCENTERMALLINDIO,CA92201SpaceabovethislineforRecorder’sUseExemptfromFeesPerGov.Code§6103 DEVELOPMENTIMPACTFEE“DIF”ANDSUPPLEMENTALW ATERSUPPLYFEE“SWSF”DEFERRALAGREEMENTByandBetweenIndioWaterAuthority,3JointPowersAuthorityand SSTREALESTATE,LLC,BLUSAPPHIREAPARTMENTS(“Owner”)MARCH01,,2024 RiversideCounty,California
DIF and SWSF Deferral Agreement with SST Real Estate, LLC for the Blu Sa... Page 149 of 262 DEVELOPMENTIMPACTFEEANDSUPPLEMENTALW ATERSUPPLYFEEDEFERRALAGREEMENTThisDevelopmentImpactFeeandSupplementalWaterSupplyFeeDeferralAgreement(the“Agreement”)ismadeandenteredintobyandbetweentheIndioWaterAuthority,aCaliforniajointpowersauthority(“Authority”)andSSTRealEstate,LLC(“Owner”),collectively,the(“Parties”)withreferencetothefollowingfacts: RECITALSA.Therecordingofthisdocumentisforthebene?toftheAuthoritytosecureOwner’spaymentofDevelopmentImpactFees(“DIF”)andSupplementalWaterSupplyFees(“SWSF”).B.OwneristheownerofthatcertainrealpropertyintheCityoflndio,CountyofRiverside,StateofCalifornia,moreparticularlydescribedontheattachedExhibit“A”(the“Property”).C.OwnerhasrequestedthedeferralofDIFandSWSFassociatedwiththedevelopmentofthePropertyinthetotalamountof$86,142.20D.TheDIFandSWSFapplicablefordeferralismoreparticularlydescribedonExhibit“B”attachedheretoandincorporatedherein(“DeferredFees”).E.PursuanttotheAuthority’sDIFandSWSFDeferralProgram,theExecutiveDirectormaydeferthepaymentofcertainDIFandSWSFforamaximumperiodofthree(3)yearsfromtheissuanceofthecertificateofoccupancyfortheProperty(“Certi?cateofOccupancy”).F.Asaconditiontothedeferral,theAuthorityrequirestheOwnertoexecuteandrecordthisAgreement,whichprovidesthattheDeferredFeesshallbepaidwithinthetimesetforthinSection3andbesecuredbyalienontheProperty.AGREEMENTNOW,THEREFORE,THEPARTIESAGREEASFOLLOWS:l.Incorporation.AlltheaboverecitalsaretrueandcorrectandarefullyincorporatedintothisAgreementbyreferenceandmadeaparthereof.2.EffectiveDate.ThisAgreementshallbeeffectiveuponthedateitisexecutedbytheExecutiveDirector(“EffectiveDate”).3.Deferral.TheAuthorityagreestodefercollectionofthepaymentofDeferredFeesforamaximumperiodofthree(3)yearsfromtheissuanceoftheCertificateofOccupancy.Owner,onbehalfofitselfanditssuccessorsandassigns,agreestopaytheDeferredFeeswithacashiers/certifiedcheck,orbyothermeansapprovedbytheCity,withinthree(3)yearsfromthedateofissuanceoftheCerti?cateofOccupancy(“DueDate”).4.AmountPayable.AtthetimetheDeferredFeesbecomepayable,theamountofDeferredFeesowedshallbedeterminedbytheDIFandSWSFratefortheyearinwhichtheDeferredFeesareactuallypaid.
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5.RelatedCostsandInterest.IftheOwnerdoesnotpaytheDeferredFeesinfullbytheDueDate,theOwnershallbeobligatedtopayallexpensestheAuthorityincurstocollectanypast—dueamounts,includingbutnotlimitedtocostsforAuthoritystafftime,third-partycosts,reasonableattorneys’fees,andlitigationcosts(“RelatedCosts”).Moreover,anyamountnotpaidbytheDueDateshallbesubjecttointerestattheannualrateof3%(“Interest”)untiltheDeferredFees,includingRelatedCosts,arepaidinfull.6.Lig.ThisAgreementshallberecordedagainstthePropertyintheOfficeoftheRiversideCountyRecorderandshallconstitutealienforthepaymentoftheDeferredFees,bindingupon,andrunningwith,theProperty.IfalloranyportionofthePropertyissold,theOwneroranysuccessorininterestshallensuretheinclusionofanescrowinstructionprovidingforpaymentoftheDeferredFees,RelatedCosts,andInterest,outofescrowfromsaleproceeds,priortodisbursingproceedstotheOwnerorsuccessorininterest.ThedebtfortheDeferredFeesshallonlybedeemedsatis?edanddischargedwhentheDeferredFeesand(ifapplicable)RelatedCostsandInterestarepaidinfulltotheAuthority.ThePropertyshallnototherwisebereleasedofanyobligationsunderthisAgreementuntiltheentireamountowingispaidinfull.ThisAgreementshallbebindingupon,andthebenefitsofthisAgreementshallinureto,thePartiesandallsuccessorsininteresttotheParties.7.Remedies.PartiesacknowledgethattheAuthoritywillhavealreadyissuedbuildingpermits,otherentitlements,andtheCertificateofOccupancybythetimetheDeferredFeesbecomedueandowingandthattheCity’swillingnesstoissuesuchpermitsandentitlementswithout?rstreceivingpaymentforDIFandSWSFisbasedontheOwner’sirrevocableagreementhereintopaytheDeferredFeesbytheDueDate.IftheOwnerfailstopaytheDeferredFeesbytheDueDate,theAuthorityreservestherighttorevoke,suspend,terminate,orotherwisevoidanypermit,license,and/orentitlementissuedinconnectionwiththeProperty,includingbutnotlimitedtotheCertificateofOccupancy,usepermits,andbusinesslicenses,withoutanypre-and/orpost-deprivationhearing.InadditiontotheotherremediesthatmaybeavailabletotheAuthorityinlaworequityforbreachofthisAgreement,iftheOwnerfailstopaytheDeferredFeesbytheDueDate,theAuthoritymaypursuecollectionthroughallavailablelegalandadministrativemeansincludingbutnotlimitedtoforeclosureofthisrecordedlienand/orciviljudgmentagainsttheOwnerforbreachofthisAgreement.TherightsandremediesoftheAuthorityprovidedinthissectionshallbecumulative,notexclusive,andareinadditiontoanyotherrightsorremediesprovidedbylaw.8.NoWaiver.TheacceptancebytheAuthorityofanysuminanamountlessthanthesumthendueshallnotconstituteawaiveroftheobligationoftheOwnertopaytheentiresumthendue.Untiltheentireamountowingispaid,theAuthorityshallatalltimesbeentitledtoexercisealltheremedieshereinconferred.NodelayoromissionoftheAuthorityintheexercisingofanyrightorpowerhereinshallimpairsuchrightorpower,oranyotherrightorpower,norshallitbeconstruedasawaiver.
9.Authority.ThepersonsigningonbehalfoftheOwnercertifiesthats/hecanlegallybindtheOwnerandagreestoholdtheAuthorityharmlessifitislaterdeterminedthatsuchauthoritydoesnotexist.10.Indemni?cation.Owneragreestoindemnify,defendandholdharmlesstheAuthorityanditsof?cials,of?cers,agents,andemployeesforanyclaims,causesofactionordamages/costsarisingfromtheAuthority'sdeferralofDIFandSWSFpursuanttothisAgreement.
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11.Protest.PursuanttoGovernmentCodeSection66020(d),noticeisgiventhattheninety-dayperiodinwhichtheOwnermayprotesttheimpositionofDIFandSWSFidenti?edinExhibit“B”beginsasoftheEffectiveDate,unlesstheDIFandSWSFwereimposedatanearliertime,inwhichcase,theninety-dayperiodbeginsattheearliertime.12.Severability.IntheeventanyprovisionofthisAgreementisheldtobeunenforceableinanyrespect,suchunenforceabilityshallnotaffectanyotherprovisionofthisAgreement.13.SuccessorsandAssigns.ThisAgreementinurestothebene?tofandbindsallpartieshereto,theirheirs,administrators,legalrepresentatives,successors,andassigns.l4.GoverningLawandVenue.ThisAgreementhasbeenexecutedanddeliveredintheStateofCaliforniaandistobeconstruedandenforcedaccordingtoandgovernedbythelawsthereof.AnyactionatlaworinequitybroughtbyeitherofthePartiesheretoforthepurposeofenforcingarightorrightsprovidedforbythisAgreementshallbetriedintheSuperiorCourtofCalifornia,CountyofRiverside,andthepartiesherebywaiveallprovisionsoflawprovidingforachangeofvenueinsuchproceedingstoanyothercounty. (SignaturesonFollowingPage.)
DIF and SWSF Deferral Agreement with SST Real Estate, LLC for the Blu Sa... Page 152 of 262 SIGNATUREPAGETODEVELOPMENTIMPACTFEEANDSUPPLEMENTALW ATERSUPPLYFEEDEFERRALAGREEMENTINWITNESSWHEREOF,thepartiesheretohaveexecutedthisDevelopmentImpactFeeandSupplementalWaterSupplyFeeDeferralAgreementasofthedatebelow. "OWNER"
NameSHAATQAZI’TitleP_____________RESIDENT
16.4,»\\,%NameEHOIfleQAZgI/I§VTitle:MANAGER
"AUTHORITY"INDIOW ATERAUTHORITY
By:BryanH.MontgomeryExecutiveDirectorDate:ATTEST:
CynthiaHernandez,CMCCityClerkAPPROVEDASTOFORM:
StevenGrahamCityAttorney
DIF and SWSF Deferral Agreement with SST Real Estate, LLC for the Blu Sa... Page 153 of 262 ACKNOWLEDGEMENTAnotarypublicorotherof?cercompletingthiscerti?cateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.
STATEOFCALIFORNIA)COUNTYOFL05
'
e5'
On39;;l 2 ,2022',beforeme,$03l—‘q3Qr—l.ID-UOJQ_7V‘PUL,I,CDate InsertNameandTitleoftheOfficerpersonallyappearedSbC;Cg;i Q2(3Z,Name(s)0fSigner(s) ' “
~~ - - M”, ,whoprovedtomeonthebasisofsatisfactoryevidencetobethepersonwhosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity,andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphis;.................................................L-------------------------------.aux-.51:trueandcorrect.5 ‘~ SASHASARTINI '
COMM.#2337900:-L’; '4 .~NOTARYpuauc.CALIFORNIAit WITNESSmyhandandof?c1alseal.2LOSANGELESCOUNTY_CommissmcExpiresNOV20,2024' SignatureSignatureofNotaryPublicPlaceNotarySealAbove
3“FmDeS‘e(«CAM‘feQmen?%<
DIF and SWSF Deferral Agreement with SST Real Estate, LLC for the Blu Sa... Page 154 of 262 ACKNOWLEDGEMENTAnotarypublicorotherof?cercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.
STATEOFCALIFORNIA,, )COUNTYWM)
On?erlll0'2”!9202‘1,beforeme)GBb?Cl‘BTRWVVl’O'l’QW A@14le9Date InsertNameandTitleoftheOf?cer. #———————-————'personallyappearedS‘lec0374Name(s)ofSigne?’s) ,whoprovedtomeonthebasisofsatisfactoryevidencetobethepersonwhosename“)is/axesubscribedtothewithininstrumentandacknowledgedtomethathe/sbf'e/théyexecutedthesameinhis/hér/théirauthorizedcapacity,andthatbyhis/her/theirsignature“)ontheinstrumenttheperson(3’),ortheentityuponbehalfofwhichtheperson“)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsj .Natl-fax???oftheStateofCaliforniathattheforegoingparagraphisg.- _ ~ a!or' z
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LosAngelesCountyma2 trueandcorrect.Commission#2334216"| MyComm.ExpiresOt18,c202:!WITNESSmyhandandof?cialseal.
SignatureKeg“SignalreQotaryPublicPlaceNotarySealAbove
DIF and SWSF Deferral Agreement with SST Real Estate, LLC for the Blu Sa... Page 155 of 262 Exhibit“A”LegalDescription
TherealpropertyintheCityofIndio,CountyofRiverside,StateofCalifornia,describedas:Lot18,19and20inblock4ofGilletteParkasshownonfileinBook14,Page59ofMaps,recordsofRiversideCounty,California.AlsoKnownas45733OasisStreet,Indio,CA92201APN:611-193-016,611-193-017and611—193-018,
DIF and SWSF Deferral Agreement with SST Real Estate, LLC for the Blu Sa... Page 156 of 262 Exhibit“B”Permits/BuildingsSubjecttoDIFandSWSFDeferral(1) Tract/ParcelNumber(s)Lot/PhaseNumber(s)DeveloperBuildingTypeUnits611-193-016 SSTRealEstApartments31611-193—017 SSTRealEstApartments31611-193-018 SSTRealEstApartments31 DIFandSWSFDeferredforAbove-StatedPermits/Buildings:DIF AmountmDIF I$32,666.00 SWSF Amount‘z)SWSF A $3,476.20
(1)ThedeferredDIFandSWSFshallbecomedueandpayabeonthedatethatisthree[3]yearsfollowingtheissuanceoftheCerti?cateofOccupancy.(2)ThedeterminationoftheDIFandSWSFshallbetheDIFandSWSFineffectatthetimeofpayment,andnotatthetimeofbuildingpermitissuance.Deferredfeesaresubjecttochangeduetomodi?cationsintheDIFandSWSFProgramandapplicationofDIFandSWSFCredits.
DIF and SWSF Deferral Agreement with SST Real Estate, LLC for the Blu Sa... Page 157 of 262 City of Indio
City Council
May 15, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Andrew Ansoorian, Dir. Of Human Resources & Risk Management Subject: Resolution No. 10438, authorizing the consolidation of the City’s 457(b) and 401(a) record-keeping platforms from two different providers to a single record-keeping platform with Nationwide.
RECOMMENDATION:
Adopt Resolution No. 10438, authorizing staff to consolidate the City’s 457(b) and 401(a) record- keeping platforms from two different providers to a single record-keeping platform with Nationwide and authorize the City Director of Human Resources and Risk Management to sign all required provider agreements on behalf of the City.
SUMMARY:
As a fiduciary, the City has a responsibility to control the investment choices made available in the plans with the current two providers (Nationwide and Mission Square). To ensure the plans and their assets were in accordance with applicable laws and regulations, staff asked Fiduciary Experts to conduct a Request for Information (RFI) in 2019 resulting in a plan fee reduction of 50% for both providers. Since then, the City’s 457 oversight committee has met on a quarterly basis to oversee the plans with the 3-38 fiduciary consultant working to improve the fund menu. In 2023 the consultant conducted a second blind RFI to take advantage of economies of scale by consolidating the two plans into one large plan.
BACKGROUND INFORMATION:
Under Section 457(b) and 401(a) of the Internal Revenue Code (IRC), government entities may sponsor a deferred compensation plan, while meeting fiduciary responsibilities under California law, to allow employees to defer income tax on retirement savings into future years. Since the early 1990’s the City has provided employer-sponsored deferred compensation plans under Section 457(b) of the IRC with two companies: Mission Square (formerly ICMARC) and Nationwide.
Under the California State Constitution, Article XVI Section 17, government entities that sponsor a 457(b) and/or 401(a) plans, have fiduciary responsibilities to ensure the operation and investment of the public retirement plan is for the exclusive purpose of providing benefits to participants and beneficiaries. The fiduciary responsibilities are to:
Invest the assets of the plan.
Administer the plan.
Engage in a prudent process for making all decisions related to the operation of theplan, including decisions related to the plan’s investments and related services. Prove plan fees are reasonable.
AGENDA ITEM #6.8
Resolution No. 10438 , authorizing the consolidation of the City’s 457(b... Page 158 of 262 The 2023 RFI criteria requested for pricing included the removal of proprietary products in order to allow open architecture to access any available fund in the market, a minimum of two in-person site visits by a dedicated retirement specialist, and participant support services. The evaluation was based the in experience provider the to city, support technology, services, price, on team government plan space, and fit.
The RFI included a review of all current contract-related data, including but not limited to:
administrative fees associated with the plans, investment options, asset values, fixed account interest rates, and additional fees that may be charged by the plans. Fiduciary Experts also compared the information through the RFI with other record-keepers in the government plan market to determine whether the incumbent plans were still competitive if consolidation could provide added value and efficiencies to participants.
Based on Fiduciary Experts analysis and marketing results, it was determined that the plan participants would benefit by consolidating the 457(b) and 401(a) plans from two record-keepers to a single record-keeper. By aggregating plan assets, the City can obtain lower plan fees, enhanced investment options, a competitive fixed interest rate, and added services to participants. Fiduciary Experts estimate an average 75% decrease in original administrative fees, or over $300,000 reduction over the next five years. The historic administrative cost for each plan provider compared to the new consolidated costs are illustrated below:
2018 Administrative Fees Current Administrative Fees New Consolidated Administrative Fee
Nationwide 0.75% 0.25% 0.10%
Mission Square 0.81% 0.55% NA
In addition to the positive financial impact, the results of the consolidation will provide participants with a comprehensive single platform and education services thereby ensuring all plan participants are offered the same benefits at the same costs. The additional benefits aside from the clear economies of scale allow for consistency for all participants and transparency. The following benefits by consolidating with Nationwide include:
New lower administrative fee to run the plan.
Open architecture in access to any available fund in the market. Investment advice.
A dedicated plan representative for participants (at no additional cost). Four (4) on-site visits.
Unlimited virtual meetings with plan specialists.
Two (2) financial seminars in person per year.
Model portfolios will also continue to be offered at no additional cost. Brokerage accounts.
Website in a mobile-responsive format allowing you to view the site and your account…anytime, anywhere, on any device
With the consolidation of the two plans, the IRS requires restatements for both the 457(b) and 401(a) and are included for review and approval to formalize these changes.
No financial impact to the City since this is a voluntary employee benefit program.
ATTACHMENTS:
Attachment 1 - Reso 10438 City of Indio 401 & 457b - Employer Resolution
Resolution No. 10438 , authorizing the consolidation of the City’s 457(b... Page 159 of 262 APPROVAL(S):
Andrew Ansoorian, Dir. Of Human Resources & Risk
Management
Approved - 30 Apr 2024
Steven Graham, City Attorney Approved - 30 Apr 2024
Adrienne Aguilar, Finance Analyst Approved - 02 May 2024 Bryan H. Montgomery, City Manager Approved - 03 May 2024
Resolution No. 10438 , authorizing the consolidation of the City’s 457(b... Page 160 of 262 RESOLUTION NO. 10438
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA AUTHORIZING THE CONSOLIDATION OF THE CITY’S
457(b) AND 401(a) RECORD-KEEPING PLATFORMS FROM TWO
DIFFERENT PROVIDERS TO ONE SINGLE RECORD-KEEPING
PLATFORM WITH NATIONWIDE.
WHEREAS, the City of Indio ("Employer") has maintained the City of Indio 401(a) Plan (“Plan”) since 4-21-2021 and City of Indio 457(b) Deferred Compensation Plan (“Plan”) since 4-19-1989 for the benefit of its eligible employees; and
WHEREAS, the Employer is restating the above-referenced Plans to comply with the requirements of the 2017 IRS Cumulative List (IRS Notice 2017-37), the American Taxpayer Relief Act of 2012, the Tax Cuts and Jobs Act of 2017 and other applicable guidance (collectively referred to herein as the Cycle 3 restatement); and
WHEREAS, the Employer has decided to amend the above-referenced Plans by adopting a complete restatement of the current Plan document; and WHEREAS, the City Council has reviewed and evaluated the proposed amendment(s) to the Plan; and
WHEREAS, the Plan document authorizes the Employer to amend the selections under the Adoption Agreement.
WHEREAS, the Employer wishes to affirm the appointment of Nationwide Trust Company, FSB as Trustee(s) of the Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council has hereby approved the proposed amendment(s) and authorizes the Employer to adopt the City of Indio 401(a) Plan as the complete Cycle 3 restatement of the prior Plan, to be effective on 4-18- 2024.
Section 2. The City Council has hereby approved the proposed
Resolution No. 10438 , authorizing the consolidation of the City’s 457(b... Page 161 of 262 amendment(s) and authorizes the Employer to adopt the City of Indio 457(b) Deferred Compensation Plan as a complete restatement of the prior Plan, to be effective on 4-4-2024.
Section 3. The City Council authorizes the execution of the restated Plan document and authorizes the City Manager, or their designee, to perform any other actions necessary to implement the adoption of the Cycle 3 Plan restatement. The City Council designates the City Manager, or their designee, as an authorized person to execute the restated Plan document and perform the necessary actions to adopt the restated Plan. The Employer will maintain a copy of the restated Plan, as approved by the City Council, along with a copy of the prior Plan, in its files.
Section 4. The City Manager, or their designee, on behalf of the Employer will act as administrator of the Plan and will be responsible for performing all actions necessary to carry out the administration of the Plan. The City Manager, or their designee, shall perform the actions necessary to administer the Plan on behalf of the Employer.
Section 5. Plan participants shall be provided with a summary of the Plan provisions within a reasonable period of time following the adoption of the restated Plan.
Section 6. This Resolution shall take effect immediately upon the adoption.
PASSED, APPROVED AND ADOPTED this 15th day of May, 2024.
LUPE RAMOS AMITH, MAYOR
ATTEST:
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
Resolution No. 10438 , authorizing the consolidation of the City’s 457(b... Page 162 of 262 City of Indio
City Council
May 15, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Five-year amendment to the agreement between City of Indio and Tyler Technologies for Software as a Service subscription for Enterprise ERP, Utility Billing, and Enterprise Permitting and Licensing in the amount of $2,712,040.
RECOMMENDATION:
Approve the amendment to the Software as a Service agreement between the City of Indio and Tyler Technologies in the amount of $2,712,040 for the term of five years.
SUMMARY:
The current Software as a Service (SaaS) agreement between the City of Indio and Tyler Technologies and Permitting Enterprise Billing, and ERP, Enterprise Tyler's includes Utility Licensing is set to expire in May of 2024. The amendment, if approved, would extend the agreement for another five (5) years, and grant the City of Indio use of the software for that term. The cost of the SaaS agreement would be $542,408 per year for a total of $2,712,040 for the lifetime of the agreement.
BACKGROUND INFORMATION:
In May of 2019 the Indio City Council approved the initial five-year SaaS agreement between the City of Indio and Tyler Technologies for implementation and use of Tyler Munis (since renamed Enterprise ERP). December of 2019, City Council approved an amendment to the SaaS agreement to include Utility Billing. In November of 2021, the City Council approved a second amendment to the SaaS agreement to include Tyler EnerGov (since renamed Tyler Enterprise Permitting and Licensing). The City has since gone live with Tyler ERP and EPL and has recently kicked off the implementation project for Utility Billing.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$135,602 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$542,408 Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: Information Technology ISF Fund-Org-Object Reference:
602-531018
AGENDA ITEM #6.9
Five-year amendment to the agreement between City of Indio and Tyler Tec... Page 163 of 262
ATTACHMENTS:
Attachment 1 - Indio Amend
APPROVAL(S):
Ian Cozens, Director of Information Technology Approved - 03 May 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 03 May 2024 Alan Garcia, Accountant Approved - 06 May 2024
Bryan H. Montgomery, City Manager Pending
Rob Rockwell, Assistant City Manager Pending
Five-year amendment to the agreement between City of Indio and Tyler Tec... Page 164 of 262
1 AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Indio, California, with offices at 100 Civic Center Mall, Indio, California 92201 (“Client”).
WHEREAS, Tyler and Client are parties to an agreement dated May 17, 2019 (“Agreement”); and
WHEREAS, the Term of the Agreement expires May 31, 2024 (“Expiration Date”);
NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows:
1. Adding SaaS Services. The items set forth in the Sales Quotation attached as Exhibit 1 to this Amendment are hereby added to the Agreement as of the first day of the first quarter following the Amendment Effective Date and, notwithstanding anything to the contrary in Exhibit 1, ending coterminous with the SaaS Term as defined in the Agreement. Payment of fees and costs for such items shall conform to the following terms:
a. As of the first day of the first quarter following the Amendment Effective Date, the annual SaaS fees payable under the Agreement shall be increased by $11,760, with a quarterly payment increase of $2,955. Subsequent SaaS Fees shall be invoiced in accordance with the terms of the Agreement.
2. Renewing SaaS Term.
a. SaaS Term. The term of the Agreement is hereby renewed for a five (5) year term commencing on the day following the Expiration Date (for the purposes of this Amendment, the “Renewal Term”). After the completion of the Renewal Term, the Agreement will renew automatically for additional one (1) year terms at our then- current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current term. We will provide you notice of any increase in SaaS Fees no less than sixty (60) days prior to the commencement of the renewal term.
b. SaaS Fees. SaaS Fees, as detailed in the Sales Quotation attached hereto as Exhibit 2, for year one are invoiced quarterly in advance, beginning on the commencement date of the Renewal Term. Subsequent annual SaaS Fees are invoiced quarterly in advance, beginning on the anniversary of the initial invoice date.
c. Users Limits. The SaaS fees may be based on user limits indicated in Exhibit 2 and the Agreement, with Exhibit 2 controlling in the event of conflict. Should the number of users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.
Five-year amendment to the agreement between City of Indio and Tyler Tec... Page 165 of 262
2 3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.
4. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.
Tyler Technologies, Inc. City of Indio, California
By: By:
Name: Name:
Title: Title:
Date: Date:
Five-year amendment to the agreement between City of Indio and Tyler Tec... Page 166 of 262 Exhibit 1
1 Exhibit 1
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Five-year amendment to the agreement between City of Indio and Tyler Tec... Page 167 of 262 2024-466739-R0R2Q2 CONFIDENTIAL Page 1 Quoted By: Andrew Meyer
Quote Expiration: 10/12/24
Quote Name: Workforce Mobile
Sales Quotation For:
City of Indio
100 Civic Center Mall
Indio CA 92201-4448
Phone: 17603426500
Tyler SaaS
Description Term Monthly Fee Users/Units Annual Fee
Enterprise Permitting & Licensing Extensions
Enterprise Permitting & Licensing Mobile $ 49 20 $ 11,760 TOTAL 1.00 $ 11,760
Summary One Time Fees Recurring Fees
Five-year amendment to the agreement between City of Indio and Tyler Tec...Page 168 of 262 2024-466739-R0R2Q2 CONFIDENTIAL Page 2 Total SaaS $ 11,760
Total Services $ 0 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 0 $ 11,760
Contract Total $ 11,760
Comments
SaaS Monthly Fees are rounded to the nearest dollar. The Annual Fee value represents the cost to the customer. iG Workforce - iG Inspect and iG Enforce provide a mobile solution for field personnel to capture inspection and code data remotely. Tyler will assist to connect iG Apps to the Enterprise Permitting & Licensing powered by EnerGov suite, and support testing. These applications are available on iOS. The client is responsible for ensuring the app(s) are downloaded and kept up to date on client utilized hardware.
Five-year amendment to the agreement between City of Indio and Tyler Tec...Page 169 of 262 Exhibit 2
1 Exhibit 2
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Five-year amendment to the agreement between City of Indio and Tyler Tec... Page 170 of 262 2024-463753-M9L1N5 CONFIDENTIAL Page 1
Quoted By: Karen Grosset
Quote Expiration: 09/25/24
Quote Name: City of Indio - ERP - SaaS Renewal
Quote Description: SaaS Renewal
Saas Term 1.00
Sales Quotation For: Shipping Address:
City of Indio
100 Civic Center Mall
Indio CA 92201-4448
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting/GL/BG/AP 1 0 $ 50,391.00
Capital Assets 1 0 $ 15,238.00
Cash Management 1 0 $ 10,708.00
Contract Management 1 0 $ 6,929.00
Project & Grant Accounting 1 0 $ 11,458.00
Purchasing 1 0 $ 25,825.00
Human Resources Management
Employee Expense Reimbursement 1 0 $ 5,669.00
Human Resources & Talent Management 1 0 $ 7,918.00
Payroll w Employee Access Migration 1 0 $ 10,141.00
Time & Attendance w Mobile Access - Up to 500 Employees 1 0 $ 17,150.00 Revenue Management
Accounts Receivable 1 0 $ 13,198.00
Cashiering 1 0 $ 19,196.00
Central Property File 1 0 $ 1,857.00
Five-year amendment to the agreement between City of Indio and Tyler Tec...Page 171 of 262 2024-463753-M9L1N5 CONFIDENTIAL Page 2 Citizen Self Service 1 0 $ 0.00
General Billing 1 0 $ 5,999.00
Utility Billing CIS 1 0 $ 24,595.00
Utility Billing Meter Interface 1 0 $ 7,918.00
Civic Services
Business Management Suite 5 0 $ 7,455.00
Civic Access - Business Management 1 0 $ 11,022.00
Civic Access - Community Development 1 0 $ 11,022.00
Community Development API Toolkit 1 0 $ 8,104.00
Community Development Suite 65 0 $ 96,915.00
Decision Engine 1 0 $ 10,625.00
e-Reviews 1 0 $ 21,600.00
Enterprise Permitting & Licensing Advanced Automation Bundle 1 0 $ 5,030.00 Enterprise Permitting & Licensing Core Foundation Bundle 1 0 $ 2,767.00 Enterprise Permitting & Licensing Mobile 30 0 $ 15,090.00 Enterprise Service Requests 1 0 $ 9,301.00
My Civic 1 0 $ 13,600.00
Report Toolkit 1 0 $ 2,515.00
Resident Access Migration 1 0 $ 16,197.00
Content Management
Content Manager Core includes Onboarding 1 0 $ 17,997.00 Data Insights
Enterprise Analytics and Reporting 1 0 $ 10,869.00
Open Finance 1 0 $ 10,395.00
Additional
Enterprise Forms Processing (including Common Form Set) 1 0 $ 8,389.00 GIS 1 0 $ 17,565.00
TOTAL 0 $ 530,648.00
Five-year amendment to the agreement between City of Indio and Tyler Tec...Page 172 of 262 2024-463753-M9L1N5 CONFIDENTIAL Page 3 Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 530,648.00
Total Tyler Services $ 0.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 0.00 $ 530,648.00
Contract Total $ 530,648.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
•License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
Five-year amendment to the agreement between City of Indio and Tyler Tec...Page 173 of 262 2024-463753-M9L1N5 CONFIDENTIAL Page 4 •Fees for hardware are invoiced upon delivery;
•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; •Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
•Fees for services included in this sales quotation shall be invoiced as indicated below. •Implementation and other professional services fees shall be invoiced as delivered. •Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. •Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module. •Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
•If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. •Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
•Expenses associated with onsite services are invoiced as incurred.
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Five-year amendment to the agreement between City of Indio and Tyler Tec...Page 174 of 262 2024-463753-M9L1N5 CONFIDENTIAL Page 5 Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
Business Management: Tyler leads and owns the "Assess and Define" and "Configuration" of 1 unique business transactions, 1 template business transactions, 1 geo-rules and 1 automation events. Configuration elements beyond this will be omned by the client.
Community Development: Tyler leads and owns the "Assess and Define" and "Configuration" 2 unique business transactions, 2 template business transactions, 1 geo-rules and 1 automation events. Configuration elements beyond this will be owned by the client.
Content Manager Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.
Financial library includes: 1 A/P check, 1 EFT/ACH, 1 Purchase order, 1099M, 1099INT, 1099S, and 1099G.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.
Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights SaaS Services, or certain Tyler solutions which include Tyler’s Data & Insights data platform, are subject to the Terms of Services, available at https://www.tylertech.com/terms/data-insights-saas-services- terms-of-service. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
Tyler's form library prices are based on the actual form quantities listed, and assume the forms will be provided according to the standard Enterprise ERP form template. Any forms in addition to the quoted amounts and types, including custom forms or forms that otherwise require
Five-year amendment to the agreement between City of Indio and Tyler Tec...Page 175 of 262 2024-463753-M9L1N5 CONFIDENTIAL Page 6 custom programming, are subject to an additional fee. Please also note that use of the Tyler Forms functionality requires the use of approved printers as well. You may contact Tyler's support team for the most current list of approved printers. Any forms included in this quote are based on the standard form templates provided. Custom forms, additional forms and any custom programming are subject to additional fees not included in this quote. The additional fees would be quoted at the time of request, generally during the implementation of the forms. Please note that the form solution provided requires the use of approved printers. You may contact Tyler's support team for the most current list of approved printers.
Your rights, and the rights of any of your end users, to use Tyler’s Access applications are subject to the Terms of Services, available at https://www.tylertech.com/terms/tyler-access-applications-migration-terms. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must purchase or upgrade to Content Manager Enterprise Edition.
Utility billing library includes: standard Utility bill, standard UB receipt, standard UB delinquent notice, standard door hanger and standard final utility bill.
74 total EPL Community Development licenses
30 total Workforce Mobile licenses
Five-year amendment to the agreement between City of Indio and Tyler Tec...Page 176 of 262 City of Indio
City Council
May 15, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan White, Fire Chief
Subject: Ladder-truck cooperative cost-sharing agreement with the County and the cities of La Quinta and Coachella
RECOMMENDATION:
Approve a five-year cooperative agreement to share the costs of a fire ladder truck company with the County of Riverside and the cities of La Quinta and Coachella.
SUMMARY:
The existing cost-sharing cooperative agreement with the County of Riverside and the cities of Coachella and La Quinta is scheduled to expire on June 30, 2024. Staff recommends extending the existing agreement with the County and the cities of La Quinta and Coachella for an additional five years, through June of 2029.
BACKGROUND INFORMATION:
The County of Riverside contracts with the California Department of Forestry and Fire Protection (CAL FIRE) to serve as the Riverside County Fire Department (RCFD). CAL FIRE serves two missions within the County: 1) providing emergency response to unincorporated Riverside County and the incorporated municipal areas under contract with RCFD; 2) providing wildland fire protection for the State's open space. Uniformed RCFD personnel serve 20 cities in Riverside County as well as one community services district in Rubidoux. Services to cities and the district are provided through individual contracts.
The City of Indio has a long working relationship with RCFD, dating back to 1997. The proposed fire-year fire-service agreement (Attachment A) ensures that the City receives fire prevention, rescue, and medical emergency services through June of 2026. The proposed agreement may be terminated by either the City or the County through written notice one year prior to the expiration of the term. Through the agreement, the County provides staffing resources that operate four fire engines, three ambulances, and one Ladder Truck from four local city fire stations, 24 hours a day, 365 days a year.
Staff recommends extending the existing cooperative ladder-truck-company agreement (Attachment B) between the City, the County, and the cities of La Quinta and Coachella to continue the existing cost-sharing matrix through June 2029. The ladder-truck agreement was first enacted in 2006 to provide to capabilities aerial and rescue, salvage, the technical specialized overhaul, three contiguous cities and the surrounding unincorporated county. The agreement maintains the existing funding structure for ladder-truck staffing split: 50% Indio, 12.5% La Quinta, 12.5% Coachella, and AGENDA ITEM #6.10
Ladder-truck cooperative cost-sharing agreement with the County and the ... Page 177 of 262 25% County. While the County maintains the truck, it is owned and insured by the City of Indio. The ladder truck and necessary staffing will continue to be housed in the City until the majority of response times to partner cities is greater than 15 minutes, on average. The County provides truck and equipment maintenance and passes the proportionate shares to each partnering city.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$1,086,062 Strategic Objective: Public Safety
Source of funds: General Fund Fund-Org-Object
Reference:
1015131-521052
Additional Financial Details:
The RCFD's estimated contract cost for fiscal year 2024-25 totals $2,172,123. The Counties cost estimate is based on the highest pay level for each contract fire position. Cost for fiscal year 2024- 25 are detailed in Exhibit A. Cost billed to the City are based on actual pay levels, which have historically been 5% under the contract estimate.
In regard to the cooperative ladder truck company, the City's 50% share of the total cost is estimated to be $1,086,062 next fiscal year (FY 24/25).
The RCFD's estimated contract cost for fiscal year 2025-26 totals $2,408,681.
In regard to the cooperative ladder truck company, the City's 50% share of the total cost is estimated to be $1,204,340 in fiscal year (FY 25/26).
ATTACHMENTS:
Attachment 1 - Ladder Truck Cooperative Agreement County, Coachellay, La Quinta 2024- 2029 (5yrs)
Attachment 2 - 25 Desert Truck
APPROVAL(S):
Steven Graham Pacifico, City Attorney Approved - 07 May 2024 Alan Garcia, Accountant Approved - 07 May 2024
Bryan H. Montgomery, City Manager Approved - 07 May 2024
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COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
1 of 9
A COOPERATIVE AGREEMENT BETWEEN THE CITY OF INDIO, THE CITY OF LA
QUINTA, THE CITY OF COACHELLA, AND THE COUNTY OF RIVERSIDE TO
SHARE THE COST OF A LADDER TRUCK COMPANY
THIS AGREEMENT (“Agreement”) was made and entered into this ______ day of ___________, 2024, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as “COUNTY”), and the City of Indio, City of La Quinta, and the City of Coachella, each a duly created city (hereinafter each a “CITY” and collectively the “CITIES”). COUNTY and CITIES are hereinafter collectively referred to as the “Parties.” SECTION I: PURPOSE
A. The COUNTY has contracted with the CITIES individually for the provision of Fire Protection, Fire Prevention, Rescue, and Medical Services in a separate cooperative agreement, respectively.
B. The CITIES and COUNTY desire to enter into a cost sharing agreement for a ladder truck which will be of mutual benefit for all involved agencies.
C. The CITIES and COUNTY believe the ladder truck staffing cost should be equitably distributed to the participating agencies.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION II: COOPERATIVE OPERATIONS
Emergency Responses: The ladder truck shall be dispatched, when available, to all residential and commercial structure fires within the jurisdictions of the CITIES and COUNTY. The ladder truck shall also be utilized for staffing and expertise in other emergencies relating to entrapment and medical emergencies. The truck shall be located in a position to provide a response time of fifteen minutes, or less, to the CITIES.
SECTION III: COST SHARE
The Parties agree the cost of the ladder truck shall be billed to CITIES by the COUNTY with the normal quarterly billing pursuant to the CITIES’ respective cooperative agreements, and the cost will be shown as a line item on that bill. The CITIES will receive an estimated cost of the ladder truck staffing based on the top step salaries of the personnel assigned to the ladder truck, at the first of the fiscal year. The cost pool of the ladder truck shall consist of the salaries of 2.3 Fire Captains, 2.3 Fire Apparatus Engineers, 3 Firefighter II Paramedics, and 1.4 Firefighters II. A maintenance budget of $20,000 will also be included in the cost pool. The cost shall be allocated as follows: the City of Indio contributing fifty percent (50%), the County of
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COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
2 of 9
Riverside contributing twenty-five percent (25%), and the cities of La Quinta and Coachella each contributing twelve and one half percent (12.5%) of the actual cost of the staffing and maintenance of the ladder truck.
SECTION IV: TERM
The term of this Agreement shall be from July 1, 2024, to June 30, 2029. Any party to this Agreement may terminate this Agreement by providing a written notice of termination to the other parties hereto no less than one (1) year prior to the expiration of the term hereof. If such notice is given unilaterally by COUNTY except any notice issued because of actions of the California Department of Forestry and Fire Protection (hereinafter “CAL FIRE”) or CITIES, COUNTY agrees to continue to provide Fire Services to CITIES until such time as CITIES have a reasonable opportunity to implement alternative Fire Services. In no event shall this Agreement be terminated by either party after June 30, 2027.
SECTION V: INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITIES, their agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "City Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "County Liabilities"). Notwithstanding the foregoing, the only County Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the City Indemnitees does not apply is with respect to County Liabilities resulting from the negligence or willful misconduct of a City Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.
To the fullest extent permitted by applicable law, but subject to the limits in this paragraph, each CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "County Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by the respective CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of the respective CITY, its officers, employees, subcontractors, agents,
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COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
3 of 9
or representatives (collectively, "City Liabilities"). No CITY shall be required to indemnify, protect, defend and hold harmless County Indemnitees for the acts or omissions of another CITY giving rise to City Liabilities in that other City pursuant to this Agreement. Furthermore, and notwithstanding the first sentence of this paragraph, the City Liabilities with respect to which each CITY’s obligation to indemnify, including the cost to defend, the County Indemnitees does not apply with respect to City Liabilities resulting from the negligence or willful misconduct of a County Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.
SECTION VI: OWNERSHIP, MAINTENANCE, REPAIRS
The City of Indio owns the ladder truck and maintains the insurance on said ladder truck. The ladder truck maintenance and/or repair costs shall be paid through the cost allocation plan or as a direct invoice allocated to each party, with the City of Indio contributing fifty percent (50%), the County of Riverside contributing twenty-five percent (25%), and the cities of La Quinta and Coachella each contributing twelve and one half percent (12.5%) of the actual cost of the maintenance and/or repair of the ladder truck.
SECTION VII: 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 addresses as the respective parties may provide in writing for this purpose.
CITY OF COACHELLA CITY OF INDIO
City Manager City Manager
1515 6th Street 100 Civic Center Drive
Coachella, CA 92236 Indio, CA 92201
CITY OF LA QUINTA COUNTY OF RIVERSIDE
City Manager County Fire Chief
78-495 Calle Tampico 210 West San Jacinto Avenue
La Quinta, CA 92247 Perris, CA 92570
Any notice required to be given hereunder to either party shall be given by personal delivery or be deposited in the U.S. mail to the address listed, certified with return receipt requested, and pre-paid postage affixed. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of method of service.
SECTION VIII: GENERAL PROVISIONS
A. ALTERATION OF TERMS
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COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
4 of 9
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement, which is formally approved and executed by both Parties.
B. DISPUTES
CITIES shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITIES, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITIES has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITIES and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution.
For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITIES and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITIES and COUNTY representatives may be resolved, by mutual agreement of the Parties, through mediation. Such mediator will be jointly selected by the Parties.
The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the Parties cannot agree to mediation, the Parties reserve the right to seek remedies as provided by law or in equity. The Parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4 th 309, that each of the Parties is sophisticated and negotiated this Agreement and this venue at arm’s length. Pursuant to this Agreement, the Parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.
Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CAL FIRE employees, to the extent permissible under the COUNTY’s contract with CAL FIRE, the claims will be forwarded on to CAL FIRE for processing.
C. WAIVER
Any waiver by any of the Parties, separately or collectively, of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the Parties to require exact, full and complete compliance with any terms of this
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COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
5 of 9
Agreement shall not be construed as in any manner changing the terms hereof or estopping any one of the CITIES or COUNTY from enforcement hereof.
D. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
E. ADMINISTRATION
1. The COUNTY Fire Chief shall administer this Agreement on behalf of the County of Riverside.
2. Each CITY’s respective City Manager shall administer this Agreement on behalf of its own CITY.
F. ATTORNEYS’ FEES
If CITIES fail to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.
In the event of litigation between COUNTY and CITIES to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation.
G. PUBLIC RECORDS ACT REQUESTS
The Parties understand and acknowledge that, as public agencies, COUNTY and CITIES are required to comply with the Public Records Act (“PRA,” Gov. Code, § 7920 et seq.), which provides for the right of access to public records and other information in the event of the receipt of a qualifying request under the PRA. The Parties understand and acknowledge that such compliance may require disclosure of all relevant, non- exempt documents that fall within the scope of a qualifying request under the PRA, including documents received from and/or concerning the other party to this Agreement.
H. ELECTRONIC SIGNATURE
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transaction Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this agreement. The
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COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
6 of 9
Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code.
I. ENTIRE AGREEMENT
This Agreement is intended by the Parties hereto as a final expression of their understanding, with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith.
[SIGNATURE PROVISIONS ON NEXT PAGE]
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COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
7 of 9
IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.
CITY OF COACHELLA
Dated: __________________________ By: _____________________________ Steven Hernandez, City Mayor
ATTEST: APPROVED AS TO FORM:
By: _____________________________ By: _____________________________ Angela M. Zepeda, City Clerk Carlos Campos, City Attorney
CITY OF INDIO
Dated: __________________________ By: _____________________________ Lupe Ramos Amith, City Mayor
ATTEST: APPROVED AS TO FORM:
By: _____________________________ By: _____________________________ Sabdi Sanchez, City Clerk Administrator Steven P. Graham, City Attorney
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COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
8 of 9
[ADDITIONAL SIGNATURE PROVISIONS ON NEXT PAGE]
CITY OF LA QUINTA
Dated: __________________________ By: _____________________________ Jon McMillen, City Manager
ATTEST: APPROVED AS TO FORM:
By: _____________________________ By: _____________________________ Monika Radeva, City Clerk William H. Ihrke, City Attorney COUNTY OF RIVERSIDE, a political
subdivision of the State of California
Dated: __________________________ By: _____________________________ Chair, Board of Supervisors
ATTEST: APPROVED AS TO FORM:
KIMBERLY A. RECTOR MINH C. TRAN,
Clerk of the Board County Counsel
By: _____________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN,
Deputy County Counsel
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COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2024 to June 30, 2029
9 of 9
F:\data\RRU County Finance\Contract Cities\COOPERATIVE AGREEMENT\COST SHARE LADDER TRUCK COOPERATIVE AGREEMENT - COACHELLA, INDIO, LA QUINTA, COUNTY\LADDER TRUCK Cooperative Agreement COACHELLA INDIO AND LA QUINTA 07012024-06302028 20240315.docx
Ladder-truck cooperative cost-sharing agreement with the County and the ... Page 187 of 262
CAPTAINS CAPTAIN
MEDICS ENGINEERS ENGINEER
MEDICS FF II FFII
MEDICS TOTALS
TRUCK 86 619,301 2.3 545,940 2.3 287,089 1.4 699,793 3 2,152,123 9 20,000
$2,172,123
12.5% $271,515
50% $1,086,062
12.5% $271,515
25% $543,031
381,708
376,698
315,635
269,261
302,696
237,365
267,899
205,064
233,264
520230 522380
520300 522410
520320 522860
520800 522890
520805 523220
520830 523680
520840 523700
520845 523780
521380 523800
521440 526700
521500 526940
521502 527840
521540 529500
521660 529510
521680 529550
522310 537240
522340 542060
522360
Maint-Fuel Tanks
Maint-Extermination
FY 24/25 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Critical Systems
Pager Service Maint-Health & Safety
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase. *Cost Assumptions:
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary Total cost split 12.5% Coachella, 12.5 % LaQuinta, Indio 50%, and County 25%.
DEPUTY CHIEF
DIV CHIEF
BAT CHIEF
CAPT
FY 24/25 POSITION SALARIES TOP STEP (per assumptions below) City of Coachella Share
County Share
City of La Quinta Share
City of Indio Share
EXHIBIT "A"
FOR THE DESERT TRUCK SHARED WITH THE CITIES OF
COACHELLA, INDIO AND LA QUINTA
APRIL 1, 2024 FOR FY2024/2025
TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION
RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY
*See notation below for estimate assumptions
FF II/MEDIC
ENG/MEDIC
ESTIMATED BUDGET
TRUCK MAINTENANCE
CAPT MEDIC
ENG
FF II
Telephone Service Medical-Dental Supplies
Household Expense Pharmaceuticals
Appliances Licenses And Permits
Station Budgeted Maint-Bulding and Improvement Capital Improvements Remodeling Maint-Accident Repairs Training - Education / Tuition
Maint-Office Equipment Utitlity - Electricity
Maint-Telephone Utitlity - Heating Fuel
Utitlity - Water
Maint-Building and Improvement Interfnd Exp-Utilities
Maint-Copier Machines Printing / Binding
Maint-Kitchen Equipment Rent-Lease Building
Maint-Motor Vehicles Locks/Keys
Laundry Services Office Equip Non Fixed Assets
Household Furnishings Office Supplies
Trash Printed Forms
FY24/25 ESTIMATE
CITIES OF INDIO, LA QUINTA
AND COACHELLA
Ladder-truck cooperative cost-sharing agreement with the County and the ... Page 188 of 262
CAPTAINS CAPTAIN
MEDICS ENGINEERS ENGINEER
MEDICS FF II FFII
MEDICS TOTALS
TRUCK 86 687,275 2.3 605,676 2.3 318,507 1.4 777,223 3 2,388,681 9 20,000
$2,408,681
12.5% $301,085
50% $1,204,340
12.5% $301,085
25% $602,170
424,655
419,073
350,396
298,815
330,385
263,337
297,615
227,505
259,074
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Maint-Telephone Interfnd Exp-Utilities
Maint-Underground Tanks Improvements-Build
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognition
Heating Fuel
Maint-Service Contracts Water
Maint-Kitchen Equipment Electricity
Cellular Phone Maint-Building and I
Pager Service Maint-Extermination
Telephone Service Medical-Dental Supp
Household Expense Other Medical Care
Maint-Office Equipment
Cleaning and Custodial Supp Licenses And Permi
Laundry Services Office Equip Non Fix
Appliances Pharmaceuticals
- Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.
FY 25/26 DIRECT BILL ACCOUNT CODE
FF II/MEDIC
*Cost Assumptions:
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount ENG
ENG/MEDIC
FF II
BAT CHIEF
CAPT
CAPT MEDIC
FY 25/26 POSITION SALARIES TOP STEP (per assumptions below)
DEPUTY CHIEF
DIV CHIEF
County Share
TRUCK MAINTENANCE
ESTIMATED BUDGET
Total cost split 12.5% Coachella, 12.5 % LaQuinta, Indio 50%, and County 25%.
City of Coachella Share
City of Indio Share
City of La Quinta Share
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION
RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY
FOR THE DESERT TRUCK SHARED WITH THE CITIES OF
COACHELLA, INDIO AND LA QUINTA
APRIL 1, 2024 FOR FY2025/2026
*See notation below for estimate assumptions
FY25/26 ESTIMATE
CITIES OF INDIO, LA QUINTA
AND COACHELLA
Ladder-truck cooperative cost-sharing agreement with the County and the ... Page 189 of 262
CAPTAINS CAPTAIN
MEDICS ENGINEERS ENGINEER
MEDICS FF II FFII
MEDICS TOTALS
TRUCK 86 687,275 2.3 605,676 2.3 318,507 1.4 777,223 3 2,388,681 9 20,000
$2,408,681
12.5% $301,085
50% $1,204,340
12.5% $301,085
25% $602,170
424,655
419,073
350,396
298,815
330,385
263,337
297,615
227,505
259,074
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION
RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY
FOR THE DESERT TRUCK SHARED WITH THE CITIES OF
COACHELLA, INDIO AND LA QUINTA
APRIL 1, 2024 FOR FY2026/2027
*See notation below for estimate assumptions
County Share
TRUCK MAINTENANCE
ESTIMATED BUDGET
Total cost split 12.5% Coachella, 12.5 % LaQuinta, Indio 50%, and County 25%.
City of Coachella Share
City of Indio Share
City of La Quinta Share
FY 26/27 POSITION SALARIES TOP STEP (per assumptions below)
DEPUTY CHIEF
DIV CHIEF
BAT CHIEF
CAPT
CAPT MEDIC
ENG
ENG/MEDIC
FF II
Pager Service Maint-Extermination
FF II/MEDIC
*Cost Assumptions:
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.
FY 26/27 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and I
Telephone Service Medical-Dental Supp
Household Expense Other Medical Care
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Permi
Laundry Services Office Equip Non Fix
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognition
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
Maint-Telephone Interfnd Exp-Utilities
Maint-Underground Tanks Improvements-Build
FY26/27 ESTIMATE
CITIES OF INDIO, LA QUINTA
AND COACHELLA
Ladder-truck cooperative cost-sharing agreement with the County and the ... Page 190 of 262
CAPTAINS CAPTAIN
MEDICS ENGINEERS ENGINEER
MEDICS FF II FFII
MEDICS TOTALS
TRUCK 86 687,275 2.3 605,676 2.3 318,507 1.4 777,223 3 2,388,681 9 20,000
$2,408,681
12.5% $301,085
50% $1,204,340
12.5% $301,085
25% $602,170
424,655
419,073
350,396
298,815
330,385
263,337
297,615
227,505
259,074
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION
RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY
FOR THE DESERT TRUCK SHARED WITH THE CITIES OF
COACHELLA, INDIO AND LA QUINTA
APRIL 1, 2024 FOR FY2027/2028
*See notation below for estimate assumptions
County Share
TRUCK MAINTENANCE
ESTIMATED BUDGET
Total cost split 12.5% Coachella, 12.5 % LaQuinta, Indio 50%, and County 25%.
City of Coachella Share
City of Indio Share
City of La Quinta Share
FY 27/28 POSITION SALARIES TOP STEP (per assumptions below)
DEPUTY CHIEF
DIV CHIEF
BAT CHIEF
CAPT
CAPT MEDIC
ENG
ENG/MEDIC
FF II
Pager Service Maint-Extermination
FF II/MEDIC
*Cost Assumptions:
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.
FY 27/28 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and I
Telephone Service Medical-Dental Supp
Household Expense Other Medical Care
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Permi
Laundry Services Office Equip Non Fix
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognition
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
Maint-Telephone Interfnd Exp-Utilities
Maint-Underground Tanks Improvements-Build
FY27/28 ESTIMATE
CITIES OF INDIO, LA QUINTA
AND COACHELLA
Ladder-truck cooperative cost-sharing agreement with the County and the ... Page 191 of 262
CAPTAINS CAPTAIN
MEDICS ENGINEERS ENGINEER
MEDICS FF II FFII
MEDICS TOTALS
TRUCK 86 687,275 2.3 605,676 2.3 318,507 1.4 777,223 3 2,388,681 9 20,000
$2,408,681
12.5% $301,085
50% $1,204,340
12.5% $301,085
25% $602,170
424,655
419,073
350,396
298,815
330,385
263,337
297,615
227,505
259,074
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION
RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY
FOR THE DESERT TRUCK SHARED WITH THE CITIES OF
COACHELLA, INDIO AND LA QUINTA
APRIL 1, 2024 FOR FY2028/2029
*See notation below for estimate assumptions
County Share
TRUCK MAINTENANCE
ESTIMATED BUDGET
Total cost split 12.5% Coachella, 12.5 % LaQuinta, Indio 50%, and County 25%.
City of Coachella Share
City of Indio Share
City of La Quinta Share
FY 28/29 POSITION SALARIES TOP STEP (per assumptions below)
DEPUTY CHIEF
DIV CHIEF
BAT CHIEF
CAPT
CAPT MEDIC
ENG
ENG/MEDIC
FF II
Pager Service Maint-Extermination
FF II/MEDIC
*Cost Assumptions:
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.
FY 28/29 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and I
Telephone Service Medical-Dental Supp
Household Expense Other Medical Care
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Permi
Laundry Services Office Equip Non Fix
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognition
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
Maint-Telephone Interfnd Exp-Utilities
Maint-Underground Tanks Improvements-Build
FY28/29 ESTIMATE
CITIES OF INDIO, LA QUINTA
AND COACHELLA
Ladder-truck cooperative cost-sharing agreement with the County and the ... Page 192 of 262 City of Indio
City Council
May 15, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Contract Change Order No. 1 in the amount of $195,940 to the Agreement with Crosstown Electrical and Data, Inc., for the installation of fiber optic cables and ducts, in new laterals at the Public Safety Campus and the Senior Center, City Project No. ST2414
RECOMMENDATION:
Approve Contract Change Order No. 1 in the amount of $195,940 to the Agreement with Crosstown Electrical and Data, Inc., for the installation of fiber optic cables and ducts, in new laterals at the Indio Police Department and the Senior Center, City Project No. ST2414.
SUMMARY:
Approval of this Change Order will allow for Crosstown Electrical and Data, Inc. to proceed with installing fiber optic cable and ducts, extending to the Indio Police Department (IPD) and the Senior Center. The fiber optic cable will be pulled inside of laterals (the pipe that holds the cables going from the street to the building) that will be installed with the original part of the project. Corning the manufacturer of the fiber optic cables has announced that their prices will be increasing, and approval of this item is being requested to order fiber optic cables prior to the price increase.
BACKGROUND INFORMATION:
On October 18, 2023, the City Council approved an agreement with CVAG allocating funds up to $900,000 for broadband and fiber installations within the City. This money will cover the cost of installing ducts and vaults for future fiber optic cables. It also includes installing 3,100 feet of 24-fiber cable in the street and installing laterals for future fiber cables to the Police Department and Senior Center buildings.
On February 21, 2024, the mid-year budget adjustments added $650,000 for the installation of 288 fiber optic cables in conduits being installed with CV Sync II.
On May 1, 2024, the City Council approved an agreement with Crosstown Electrical and Data, Inc., who is already under contract with CVAG for the CV Sync II project, to install approximately 12.46 miles of 288 fiber optic cable at a cost of $539,308.65.
The City received notice that Corning, the company that makes optical communication lines, will raise its prices starting May 23, 2024. The City’s IT Department recommends we take advantage of the lower prices, by pulling the fiber optic cables and microducts through the laterals being installed with the original project. These laterals serve two key City facilities: the Indio Police Department and AGENDA ITEM #6.11
Contract Change Order No. 1 in the amount of $195,940 to the agreement w... Page 193 of 262 the Senior Center. This will also allow the City to connect to the new Public Safety Campus and the Teen Center using existing conduits at each site respectively. Crosstown provided the City with a quote for the proposed work at current prices. A copy of the proposal is provided as Attachment 1.
By approving this item, the contractor will be able to get the fiber optic cable order placed prior to Corning’s price increase. The exact cost savings are unknown until Corning releases their new prices, however the savings are expected to be significant. Therefore, Staff recommends approval.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$195,940 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Capital Projects Fund-Org-Object
Reference:
300-523006
Additional Financial Details:
As a part of the current FY2024 budget, $900,000 was approved for City Project No. ST2414, Fiber Optic Installations, and $650,000 was added as a part of the mid-year budget adjustments for a total of $1,550,000.
To date, the City Council has approved contracts totaling $1,288,656.65 to this project, leaving $261,343.35 available to approve this Change Order.
ATTACHMENTS:
Attachment 1 - Crosstown Proposal
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 07 May 2024 Steven Graham Pacifico, City Attorney Approved - 08 May 2024 Alan Garcia, Accountant Approved - 08 May 2024
Bryan H. Montgomery, City Manager Approved - 08 May 2024
Contract Change Order No. 1 in the amount of $195,940 to the agreement w... Page 194 of 262 ATTACHMENT 1
Crosstown Proposal
Contract Change Order No. 1 in the amount of $195,940 to the agreement w... Page 195 of 262
Contractor’s License Number 756309
DIR Registration No. 1000000155
5454 Diaz Street, Irwindale, CA 91706
Phone: (626) 813-6693
Fax (626) 869-0192
April 30, 2024 REVISION 1 Quotation Number 24420-R1
Mr. Alex Telthorst
Entrust Solutions Group
Buena Vista, CO
Dear Mr. Telthorst:
Per your request, Crosstown Electrical & Data Inc. is pleased to provide a REVISED proposal to install fiber optic laterals at two locations in the city of Indio, California per your Google Earth drawings. This revision adds new 288 and 24 fiber cable and micro duct in the newly installed laterals (scope items 4,5, 6, and 7 below)
Scope of Work:
1.) Furnish and install approximately 250 linear feet of 3” Schedule 80 conduit with pull rope from an existing pull box near the intersection of Dr Carreon Blvd. and Jackson Street to an existing pull box near the police department building.
2.) Furnish and install approximately 1,500 linear feet of 3” Schedule 80 conduit with pull rope from an existing pull box near the intersection of Requa Ave. and Monroe Street to an existing pull box on Aladdin Street in front of the Senior Center near the police department building.
3.) Furnish and install one new 24 X 36 fiber optic splice vault splice vault per drawing.
4.) Furnish and install approximately 3,600 linear feet of one-way Duraline microduct.
5.) Furnish and install approximately 4,120 linear feet of Corning MiniXtend fiber optic cable.
6.) Furnish and install approximately 1500 linear feet of 24 fiber Corning Altos Single mode cable.
7.) Perform OTDR testing on all new fiber optic cable and provide test documentation.
Pricing:
The price to perform this work is $195,940.
This price includes all material, labor, equipment, sales tax, shipping costs, and traffic control per the WATCH manual. Asphalt restoration be per the City of Indio specifications by our subcontractor, All American Asphalt, is included.
All workers will be paid prevailing wages and certified payrolls will be provided upon request.
Exclusions: Cost of bond, permits, fees, splicing, cable termination, engineered traffic control plans.
Please contact me if you have any questions regarding this proposal.
Sincerely,
David P. Heermance
Dave Heermance
Crosstown Electrical & Data, Inc
Contract Change Order No. 1 in the amount of $195,940 to the agreement w... Page 196 of 262 City of Indio
City Council
May 15, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Supplemental Appropriation in an amount not-to-exceed $150,000 for the Public Works Engineering Division Plan Check Services
RECOMMENDATION:
Approve a Supplemental Appropriation in an amount not-to-exceed $150,000 for the Public Works Engineering Division for Plan Check Services; and authorize the Finance Department to make the necessary adjustment.
SUMMARY:
The City Council approved a budget for FY 2023/24 which included $100,000 for Plan Check Services. However, current fiscal year-to-date expenditures have already exceeded this amount, totaling approximately $135,631.85. It is projected that an additional supplemental appropriation in an amount not-to-exceed $150,000 will be necessary to cover the existing overage and to fund plan and traffic reviews for the remainder of the fiscal year. This supplemental appropriation will allow the Engineering Division to continue providing critical services while accommodating the increased demand resulting from ongoing development projects.
BACKGROUND INFORMATION:
The recent retirement of the City’s Associate Engineer has necessitated additional resources for Plan Check Services within the Public Works Engineering Division. The development revenue previously allocated for the Associate Engineer's salary will now be redirected towards covering the costs of contract plan check and professional traffic engineering review services. Given the high level of development activity, the Engineering Division requires an additional amount not-to-exceed $150,000 to meet the demands for plan and traffic reviews for the remainder of this fiscal year.
These expenses will be covered by revenue generated by development services.
Improvement plan checking will include the review of plans submitted for Capital Improvement Program and developments, commercial improvements subdivision projects, (residential), infrastructure improvements within the City’s right-of-way (County, State and Federal) ordinances and standards with a strict attention to details.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$150,000 In current year budget: No
Current FY General $150,000 Budget adjustment: Yes
AGENDA ITEM #6.12
Supplemental Appropriation in an amount not-to-exceed $150,000 for the P... Page 197 of 262 Fund Impact:
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: General Fund Fund-Org-Object
Reference:
1013111-521076
Additional Financial Details:
The supplemental appropriation in the amount not-to-exceed $150,000 will be allocated to account no. 1013111 521076. It should be noted that when contract plan check services are utilized the expenses incurred are covered by the plan check fees collected from development projects.
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 08 May 2024 Steven Graham Pacifico, City Attorney Approved - 08 May 2024 Ruby D. Walla, Director of Finance Approved - 08 May 2024 Bryan H. Montgomery, City Manager Approved - 09 May 2024
Supplemental Appropriation in an amount not-to-exceed $150,000 for the P... Page 198 of 262 City of Indio
City Council
May 15, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with Ames Construction, Inc., in an amount not to exceed $24,559,527 for the Avenue 44 Bridge at the Coachella Valley Storm Water Channel Project, Federal Project No. BRLKS-5275(024), City Project No. BR1101, and a 10% contingency of $2,455,952.70, for a total amount of $27,015,479.70.
RECOMMENDATION:
Approve the project plans and specifications for the Avenue 44 Bridge at the Coachella Valley Storm Water Channel Project, Federal Project No. BRLKS-5275(024), City Project No. BR1101, award a construction contract to Ames Construction, Inc. for $24,559,527, and approve a 10% contingency of $2,455,952.70, allowing for unexpected costs, for a total amount of $27,015,479.70, contingent on receiving Caltrans approval of the contract, specifically the approval of the good faith efforts of the apparent low bidder to meet the established DBE goal of 22%.
SUMMARY:
On April 11, 2024, the City received bids from eight (8) construction companies for the project. After staff and Caltrans’ evaluation and analysis of the bids, staff determined that Ames Construction, Inc. submitted the lowest responsive bid.
BACKGROUND INFORMATION:
Since 2011, Indio's Avenue 44 bridge project has been steadily progressing thanks to federal funding. This initiative aims to replace the low water crossing that is routinely damaged during severe including phases, various navigated has project the years, Over events. storm the environmental clearances, and acquiring necessary right of way to build the bridge.
The project encountered delays due to ongoing coordination and design adaptations with Coachella Valley Water District (CVWD) and the Coachella Valley Association of Government’s (CVAG) CV Link project. As a part of the hydraulic analysis for the bridge, an upstream grade control system is required to reduce the energy of the water before it gets to the bridge. This crucial element was integrated into the final design. Coordination with CVWD and CVAG, kept the project moving along to where we could complete the design for the new bridge.
Following Tropical Storm Hilary's devastation on August 19, 2023, Avenue 44 was rendered impassable due to overwhelming stormwaters washing away the road. With the bridge design near completion, the City swiftly sought funding for construction, collaborating with Caltrans to secure Highway Bridge Program funding for a permanent solution. Avenue 44 in the wash has a long AGENDA ITEM #6.13
Construction contract with Ames Construction, Inc., in an amount not to ... Page 199 of 262 history of susceptibility to storm damage, with incidents in March 2020 and the Valentine's Day floods of 2019, as the two most recent before Hilary.
The bridge project includes widening Avenue 44, introducing bike lanes and sidewalks, and enhancing access to the CV Link and community facilities. The construction also includes relocating Indio Water Authority (IWA) facilities into the bridge along with existing gas and telecommunication facilities. The bridge is located along Avenue 44 between Palo Verde Street and Aztec Street. The City received formal authorization to proceed with Construction from Caltrans on September 15, 2023. The City proceeded to resurvey the channel to account for the existing condition of the roadway and sediment in the channel following Tropical Storm Hilary. The City received final plans and specifications on December 22, 2024.
The construction part of the project was advertised on February 22, 2024. The City received and opened bids on April 11, 2024. A total of eight (8) bids were received. A summary of the bids as opened is provided below.
Bidder’s Name Location Total Bid
Ames Construction, Inc. Corona, CA $24,559,527.00
Ortiz Enterprises, Inc. Irvine, CA $28,894,389.80
Riverside Construction Company, Inc. Riverside, CA $28,979,998.00 Ragnar Benson LLC Rockford, IL $29,621,277.85
Granite Construction Company Indio, CA $29,977,992.00
MCM Construction, Inc. North Highlands, CA $30,641,387.00 Griffith Company Brea, CA $30,958,983.99
Steve P. Rados, Inc. Santa Ana, CA $32,614,967.00
The engineer’s estimate for this work was $25,992,312.60. Public Works staff examined the submissions and submitted the bid documents to Caltrans for review. After a careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Ames Construction, Inc. The company is appropriately licensed and qualified to perform the work within the project specifications. Staff recommends awarding the contract to Ames Construction, Inc.
The City Engineer has reviewed the construction documents for the project and in his opinion, the project documents are reasonable and meet professional engineering standards. Therefore, the City Engineer recommends that the City Council also approve the project plans and specifications, which are on file in the Department of Public Works. Construction is scheduled to take place from July 2024 to February 2026.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$2,000,000 In current year budget: Yes
Current FY General
Fund Impact:
$2,000,000 Budget adjustment: No
Next FY Financial
Impact:
$18,907,926.88 Strategic Objective: Community Infrastructure Source of funds: Federal HBP, Measure A, DIF
Roads, CVAG, IWA
Fund-Org-Object
Reference:
300-523006, 212-523006
312-523006, 233-523006
Construction contract with Ames Construction, Inc., in an amount not to ... Page 200 of 262 Additional Financial Details:
The FY23/24 budget has $2,000,0000 allocated for construction of this project. As a part of the FY24/25 budget the City will be requesting $18,907,926.88 for construction, and the remaining $6,107,552.82 will be requested as a part of the FY25/26 budget. In addition, staff recommends a construction contingency be allocated in the amount of 10% each fiscal year. Caltrans typically requires the local agency to carry a 10% contingency for the construction part of the project, and Caltrans will reimburse any additional project related costs up to 10%.
The total construction costs, including a 10% contingency, is anticipated to be $27,015,479.70 as outlined below:
Ames Construction, Inc. $24,559,527.00
Contingency (10%) $ 2,455,952.70
Construction Costs $27,015,479.70
The City budget for construction is outlined below:
Federal Funds $20,383,236.00
CVAG Funds $ 4,974,182.77
Local Share $ 1,658,060.93
Total Budget $27,015,479.70
Staff expects this to be a multi-year project and has reflected the City’s share in the FY24/25 Capital Improvement Program over the next two years as outlined below:
FY24/25 – DIF Roads (Fund 312) $ 480,000.00
FY25/26 – Measure A (Fund 212) $ 882,065.93
Total City Share $1,362,065.93
ATTACHMENTS:
Attachment 1 - Project Location Map and Rendering
Attachment 2 - Construction Contract with Ames Construction Inc.
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 08 May 2024 Steven Graham Pacifico, City Attorney Approved - 08 May 2024 Alan Garcia, Accountant Approved - 09 May 2024
Bryan H. Montgomery, City Manager Approved - 09 May 2024
Construction contract with Ames Construction, Inc., in an amount not to ... Page 201 of 262 ATTACHMENT 1
Project Location Map
and Renderings
Construction contract with Ames Construction, Inc., in an amount not to ... Page 202 of 262
PROJECT LOCATION MAP
Construction contract with Ames Construction, Inc., in an amount not to ...Page 203 of 262
BRIDGE RENDERING
Construction contract with Ames Construction, Inc., in an amount not to ...Page 204 of 262
Construction contract with Ames Construction, Inc., in an amount not to ...Page 205 of 262 ATTACHMENT 2
Contract with Ames
Construction, Inc.
Construction contract with Ames Construction, Inc., in an amount not to ... Page 206 of 262 C-1
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
CONTRACT
CITY OF INDIO CONTRACT FOR
AVENUE 44 BRIDGE AT THE COACHELLA VALLEY STORM WATER
CHANNEL [the “Project”]
Federal Project Number: BRLKS-5275(024) City Project Number: BR1101 THIS CONTRACT (“Contract”) is made and entered this 15th Day of May , 2024 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Ames Construction, Inc. , a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 490481; Class A ). Contractor’s DIR registration number is 1000003954.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post- Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. S cope of Services . Contractor shall perform the Work in a good and workmanlike manner for the project identified as Avenue 44 Bridge at the Coachella Valley Storm Water Channel (“Project”), as described in this Contract and in the Contract Documents.
3. C ompensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Twenty -Four Million, Five Hundred Fifty -Nine Thousand, Five Hundred Twenty-Seven dollars ($24,559,527.00) in accordance with the prices as submitted in the Bid.
4. I ncorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. A ntitrust Claims . In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. P
revailing Wages . City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Contractor and all subcontractors pursuant to this agreement shall comply with the Davis -Bacon Fair Labor Standards Act, 23 USC 113. Contractor agrees to not pay less than the higher wage rate between the minimum wage rates determined by the Director of California Department of Industrial Relations and the Federal Wage General Decision, Number 2, attached hereto in Exhibit “A” and incorporated herein by this reference.
7. W orkers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In
Construction contract with Ames Construction, Inc., in an amount not to ... Page 207 of 262 C-2
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
accordance with the provisions of Labor Code Section 1861, by signing this Contract , the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Required Contract Provisions for Federal Aid Construction Contracts (FHWA-1273).
This Contract is funded with Federal- Aid Highway funds subject to provisions under Title 23 of the United State Code (23 USC). As such the Contractor agrees to the following provisions titled, "Required Contract Provisions for Federal Aid Construction Contracts", excluding Attachment A - Employment and Material Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts. The Contractor agrees to insert these provisions, unaltered, into each subcontract and further require their inclusion in all lower tier subcontracts excluding purchase orders, rental agreements, and other agreements for supplies or services.
Complete form 1273 is attached hereto as Exhibit “A” and incorporated herein by this reference.
10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
11. E ntire Agreement . This Contract , including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. C
ounterparts . This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
[SIGNATURES ON THE NEXT PAGE]
Construction contract with Ames Construction, Inc., in an amount not to ... Page 208 of 262 C-3
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.
CITY OF INDIO
By:
Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
Construction contract with Ames Construction, Inc., in an amount not to ... Page 209 of 262 C-4
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
EXHIBIT “A”
AVENUE 44 BRIDGE AT THE COACHELLA VALLEY STORM WATER CHANNEL Federal Project No.: BRLKS-5275(024)
City Project No.: BR1101
Federal Requirements for Federal-Aid Construction Projects:
- Form FHWA 1273, and
- Davis Bacon Wage Determinations
Construction contract with Ames Construction, Inc., in an amount not to ... Page 210 of 262 C-5
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
FHWA-1273 -- Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local
Access Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA -1273 must be physically incorporated in
each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal).
The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services). 23 CFR 633.102(e).
The applicable requirements of Form FHWA -1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102.
The design- builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider.
Contracting agencies may reference Form FHWA -1273 in
solicitation-for-bids or request -for-proposals documents, however, the Form FHWA -1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or
services related to a construction contract). 23 CFR
633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own
organization and with the assistance of workers under the
3. contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
4. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds
for withholding of progress payments, withholding of final payment, termination of the contract, suspension /
debarment or any other action determ ined to be
appropriate by the contracting agency and FHWA.
5. Selection of Labor: During the performance of this
contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by
convicts who are on parole, supervi sed release, or
probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR
Part 230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140,
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with:
the requirements of the Equal Opportunity Clause in 41
CFR 60 - 1.4(b) and, for all construction contracts
exceeding $10,000, the Standard Federal Equal
Employment Opportunity Construction Contract
Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and
the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the aut hority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to
conform to the U.S. Department of Labor (US DOL) and
FHWA requirements.
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's
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project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the
execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy
the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such a ction shall include: 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, pre- apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the
contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend
such action or are substantially involved in such action, will be made fully cognizant of and will implement the
contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment.
To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer,
covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to
employees, applicants for employment and potential
employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the
contractor's compliance with EEO cont ract provisions.
Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for
employment. Information and procedures with regard to
referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring,
upgrading, promotion, transfer, demotion, layoff, and
termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of
project sites to ensure that working conditions and
employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected
personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in
connection with its obligations under this contract, will attempt to resolve such complaints, and will take
appropriate corrective action within a r easonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such
efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
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b. Consistent with the contractor's work force
requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on- the-job training programs for the geographical area of contract
performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The
contracting agency may reserve training positions for
persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants
for employment of available training programs and entrance requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for
membership in the unions and increasing the skills of
minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referr als (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall
immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be
familiar with the requirements for and comply with the
Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do s o would cause an undue hardship.
9. Selection of Subcontractors, Procurement of
Materials and Leasing of Equipment: The contractor
shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of
equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential
subcontractors, suppliers, and lessors of their EEO
obligations under this contract.
b. The contractor will use good faith efforts to
ensure subcontractor compliance with their EEO
obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA -approved Disadvantaged Business
Enterprise (DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall
not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -
assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contrac t, which may result in the termination of this contract or such other remedy as the recipient deems appropriate,
which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of
U.S.
DOT Order 1050.2A at Appendixes A and E are
incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep
such records as necessary to document compliance with
the EEO requirements. Such records shall be retained
for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable tim es and places for
inspection by authorized representatives of the
contracting agency and the FHWA
a. The records kept by the contractor shall document
the following:
(1) The number and work hours of minority and non-
minority group members and women employed in
each work classification on the project;
(2) The progress and efforts being made in
cooperation with unions, when applicable, to increase
employment opportunities for minorities and women;
and
(3) The progress and efforts being made in locating,
hiring, training, qualifying, and upgrading minorities
and women.
b. The contractors and subcontractors will submit an
annual report to the contracting agency each July for the duration of the project indicating the number of minority,
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women, and non- minority group employees currently
engaged in each work classification required by the contract work. This information is to be reported on Form FHWA - 1391. T he staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on -the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation
extends further to ensure that its employees are not assigned to perform their services at any location under the
contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas,
restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project.
Examples include: Surface Transportation Block Grant
Program projects funded under 23 U.S.C. 133 [excluding
recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and
National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics.
As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contr act.
Contributions made or costs reasonably anticipated for
bona fide fringe benefits under the Davis -Bacon Act ( 40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and
mechanics must be paid the appropriate wage rate and
fringe benefits on the wage determination for the
classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section.
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any
additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis -Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are
regularly submitted pursuant to paragraph 1.c. of this
section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage
determination for which a prevailing wage rate has
been determined;
(ii) The classification is used in the area by
the construction industry; and
(iii) The wage rate for the classification bears a
reasonable relationship to the prevailing wage rates
contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in
conformance with the wage determination. Conformance
of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
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construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected].
The Administrator, or
an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer will, by email to
[email protected],
refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of r eceipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour
Division under paragraphs 1.c.(3) and (4) of this section.
The contractor must furnish a written copy of such
determination to each affected worker or it must be posted as a part of the wage determination. The wage rate
(including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans . If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be
required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency
may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis- Bacon labor standards requirements and is held by the
same prime contractor, regardless of whether the other
contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any
apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as
discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with
paragraph 2a of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a
contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record
retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address,
telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
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(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section 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
40 U.S.C.
3141(2)(B) of the Davis -Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship.
Contractors with apprentices working under approved
programs must maintain written evidence of the registration of apprenticeship programs, the registration of the
apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and
method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA - or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid elec tronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to
access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and emai l
addresses must not be included on weekly transmittals.
Instead, the certified payrolls need only include an
individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be
submitted using Optional Form WH– 347 or in any other
format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh 347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known
addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly
submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or
supervises the payment of the persons working on the
contract, and must certify the following:
(i) That the certified payroll for the payroll period
contains the information required to be provided under
paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph
3.a. of this section, and such information and records are correct and complete;
(ii) That each laborer or mechanic (including each
helper and apprentice) working on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3;
and
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage
determination incorporated into the contract.
(4) Use of Optional Form WH– 347. The weekly
submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph 3.b.(3) of this section.
(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contractor subcontracts, and related documents . The contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in
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an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the
reasonableness of the request and may consider, among
other things, the location of the records and the volume of production.
(3) Required information disclosures . Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email
address of each covered worker, and must provide them
upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29
CFR 5.5)
a. Apprentices (1) Rate of pay . Apprentices will be
permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employm ent and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a Sta te Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State
Apprenticeship Agency recognized by the OA withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe
benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program
does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
(3) Apprenticeship ratio. The allowable ratio of
apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section.
Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a
contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being
performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship
and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in
connection with Federal -aid highway construction
programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular
programs. The ratio of apprentices and trainees to
journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must
insert FHWA -1273 in any subcontracts, along with the
applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage
determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s)
responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
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 as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in
29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility
a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C.
3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract
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by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11. Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA,
Related Acts, this part, or 29 CFR part 1 or 3;
or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal -aid construction contract in an amount in
excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.
These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include
watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the
underpayment. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchpersons and guards, employed
in violation of the clause set forth in paragraph 1 of this section., in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as
may be adjusted annually by the Department of Labor,
pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated
damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the
contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a
contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts . The contractor or subcontractor must
insert in any subcontracts the clauses set forth in paragraphs
1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontract ors, and associated liquidated
damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate
against, or to cause any person to discharge, demote,
intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
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b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor 's own
organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employ ees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may
include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day -to-day activities of the leased employees;
(2) the prime contractor remains responsible for the
quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of
contracting organizations qualified and expected to bid or propose on the contract as a w hole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount
upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall
furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract requirements, and is in charge of all construction
operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).
5. The 30- percent self -performance requirement of
paragraph (1) is not applicable to design- build contracts; however, contracting agencies may establish their own self- performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed
actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the
performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in
performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or
dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part
1926) promulgated by the Secretary of Labor, in
accordance with Section 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 3704). 29 CFR
1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized
representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the constr uction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3704).
VIII. FALSE STATEMENTS CONCERNING
HIGHWAY PROJECTS
This provision is applicable to all Federal -aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons
concerned with the project perform their functions as
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carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law.
To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the
United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation,
knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the s ubmission of plans, maps,
specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement,
certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT (42
U.S.C. 7606; 2 CFR 200.88; EO 11738)
This provision is applicable to all Federal -aid
construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the
Regional Office of the Environment al Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting
agency may direct as a means of enforcing such
requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements,
consultant contracts or any other covered transaction
requiring FHWA approval or that is estimated to cost
$25,000 or more – as defined in 2 CFR Parts 180 and
1200. 2 CFR 180.220 and 1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the
prospective first tier participant is providing the
certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certificati on set out below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certificat ion or an explanation shall disqualify such a person from participation in this
transaction. 2 CFR 180.320.
c. The certification in this clause is a material
representation of fact upon which reliance was placed when the contracting agency determined to enter into this
transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the contracting agency may terminate this
transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to
whom this proposal is submitted if any time the
prospective first tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances. 2 CFR
180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Tr ansactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general
contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended,
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ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is
erroneous. 2 CFR 180.300; 180.320, and 180.325. A
participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/)
. 2 CFR 180.300, 180.320,
and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;.
(2) Have not within a three- year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a
felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6
implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have
lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6
implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and
other lower tier transactions requiring prior FHWA
approval or estimated to cost $25,000 or more - 2 CFR
Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the
prospective lower tier participant is providing the
certification set out below.
b. The certification in this clause is a material
representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department, or agency with which this transaction
originated may pursue available remedies, including
suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person,"
"principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered
Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier
Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and
1200.220.
Construction contract with Ames Construction, Inc., in an amount not to ... Page 221 of 262 C-16
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous.
A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management
website (https://www.sam.gov/
), which is compiled by the
General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
4 Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two- year period preceding this proposal (USDOT Order 4200.6
implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have
lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6
implementing appropriations act requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF
CONTRACT FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid
construction contracts and to all related subcontracts
which exceed $100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing
and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all
such recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal -aid construction contracts, design- build contracts, subcontracts, lower- tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lak
es) are necessary for materials or equipment acquired
for a specific Federal -aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodit ies pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR - 620), Maritime Administration, Washington, DC 20590.
(MARAD requires copies of the ocean carrier's (master) bills
Construction contract with Ames Construction, Inc., in an amount not to ... Page 222 of 262 C-17
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
of lading, certified onboard, dated, with rates and charges.
These bills of lading may contain business sensitive
information and therefore may be submitted directly to
MARAD by the Ocean Transportation Intermediary on
behalf of the contractor). 46 CFR 381.7.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL
ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B,
Appendix B) This provision is applicable to all Federal -aid projects funded under the Appalachian Regional
Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be,
done as on- site work, shall give preference to qualified persons who regularly reside in the labor area as
designated by the DOL wherein the c ontract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph
(1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract
work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to
perform the contract work, (b) the number of employees
required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment
Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Em ployment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ pers ons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the
Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
6 .
.
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
"General Decision Number: CA20240025 03/08/2024
Superseded General Decision Number: CA20230025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Riverside 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)(1).
______________________________________________________________ |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 $17.20 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 2024. | |______________________________|_____________________________| |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: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. | |______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
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C-19
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 01/19/2024
3 02/23/2024
4 03/08/2024
ASBE0005-002 09/01/2023
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97 20.36 ---------------------------------------------------------------- ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37 ---------------------------------------------------------------- BOIL0092-003 01/01/2024
Rates Fringes
BOILERMAKER......................$ 51.98 42.11 ---------------------------------------------------------------- * BRCA0004-011 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.48 18.63
*The wage scale for prevailing wage projects performed in
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C-20
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
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 ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
---------------------------------------------------------------- BRCA0018-004 06/01/2022
Rates Fringes
MARBLE FINISHER..................$ 37.87 14.13 TILE FINISHER....................$ 32.44 12.54 TILE LAYER.......................$ 45.05 18.33 ---------------------------------------------------------------- BRCA0018-010 09/01/2022
Rates Fringes
TERRAZZO FINISHER................$ 38.37 14.13 TERRAZZO WORKER/SETTER...........$ 46.49 14.66 ---------------------------------------------------------------- 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
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): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2021
Rates Fringes
Construction contract with Ames Construction, Inc., in an amount not to ... Page 226 of 262
C-21
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
Diver
(1) Wet.....................$ 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 ---------------------------------------------------------------- ELEC0440-001 01/01/2024
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN..........$ 53.76 3%+27.50
INTELLIGENT TRANSPORTATION
SYSTEMS
Electrician................$ 36.99 3%+23.18
Technician.................$ 27.75 3%+23.18
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.
Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line.
---------------------------------------------------------------- ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
Construction contract with Ames Construction, Inc., in an amount not to ... Page 227 of 262
C-22
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0018-001 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 66.63 37.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service.
b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-004 08/01/2023
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 34.60
(2) Dredge dozer............$ 58.13 34.60
(3) Deckmate................$ 58.02 34.60
(4) Winch operator (stern
winch on dredge)............$ 57.47 34.60
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 34.60
(6) Barge Mate..............$ 57.54 34.60
---------------------------------------------------------------- ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
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C-23
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
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C-24
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant
operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
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C-25
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled);
Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber-tired earth-moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck);
Rubber-tired earth-moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John
Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type
larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types
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C-26
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
(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 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine,
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
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 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
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator,
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
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, 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
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
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.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- IRON0433-006 01/01/2024
Rates Fringes
IRONWORKER
Fence Erector...............$ 42.53 26.26
Ornamental, Reinforcing
and Structural..............$ 47.45 34.90
PREMIUM PAY:
$9.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
---------------------------------------------------------------- LABO0300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer.........$ 39.23 23.28
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2022
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
---------------------------------------------------------------- LABO1184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25
(4) Electronic Tracking
Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32
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
---------------------------------------------------------------- LABO1184-002 07/01/2022
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
Rates Fringes
LABORER (TUNNEL)
GROUP 1.....................$ 45.68 23.30
GROUP 2.....................$ 46.00 23.30
GROUP 3.....................$ 46.46 23.30
GROUP 4.....................$ 47.15 23.30
LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
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
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
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
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
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
---------------------------------------------------------------- LABO1184-004 07/01/2022
Rates Fringes
Brick Tender.....................$ 37.32 21.45 ---------------------------------------------------------------- LABO1414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
---------------------------------------------------------------- PAIN0036-008 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 46.28 23.52 ---------------------------------------------------------------- PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER..........................$ 43.45 23.39
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64 ---------------------------------------------------------------- PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ---------------------------------------------------------------- * PLUM0016-001 09/01/2023
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 42.49 23.86
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 57.18 26.51
---------------------------------------------------------------- PLUM0345-001 09/01/2023
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PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
---------------------------------------------------------------- ROOF0036-002 08/13/2023
Rates Fringes
ROOFER...........................$ 46.02 20.05
Construction contract with Ames Construction, Inc., in an amount not to ... Page 243 of 262
C-38
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
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 $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-002 01/01/2024
Rates Fringes
SPRINKLER FITTER.................$ 45.31 27.91 ---------------------------------------------------------------- SHEE0105-003 01/01/2024
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 56.95 30.04
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 56.95 30.04
---------------------------------------------------------------- TEAM0011-002 07/01/2023
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 38.19 33.69
GROUP 2....................$ 38.34 33.69
GROUP 3....................$ 38.47 33.69
GROUP 4....................$ 38.66 33.69
GROUP 5....................$ 38.69 33.69
GROUP 6....................$ 38.72 33.69
GROUP 7....................$ 38.97 33.69
GROUP 8....................$ 39.22 33.69
GROUP 9....................$ 39.42 33.69
GROUP 10....................$ 39.72 33.69
GROUP 11....................$ 40.22 33.69
GROUP 12....................$ 40.65 33.69
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
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C-39
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
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
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
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C-40
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
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C-41
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
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
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
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City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION"
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C-43
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Indio (“City”), State of California, has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner
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C-44
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being h ereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body
.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located
.
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C-45
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Indio (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of
Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.